Clayton County has three small drinking water supply watersheds and two large drinking water supply watersheds. Uses permitted in this district are closely regulated to protect surface and underground water resources to ensure continuing high levels of water quality. Provisions of this district shall apply to all land lying within the boundary of the applicable watershed.

The intent of the watershed protection districts is to protect the environmental quality of Clayton County's drinking water supply watersheds.

The Shoal Creek Watershed (J.W. Smith Reservoir and Shoal Creek Reservoir), Pates Creek Watershed (Shamrock Reservoir and Edgar Blalock, Jr. Reservoir), and Little Cotton Indian Creek Watershed (William J. Hooper Reservoir) are the County's small drinking water supply watersheds. The large drinking water supply watersheds are the Flint River Watershed and Big Cotton Indian Creek Watershed. All drinking water reservoirs in both small and large drinking water supply watersheds are protected by reservoir management plan. The reservoir management plans adopted by Clayton County Water Authority include the William J. Hooper Reservoir Management Plan, Edgar Blalock, Jr. Reservoir Management Plan, J.W. Smith Reservoir Management Plan, and Shoal Creek Reservoir Management Plan.

Clayton County Watershed Map

A.

Permitted Structures and Uses: Those permitted uses in the primary district to which the WSP district is appended.

B.

Accessory Structures and Uses: Those accessory uses allowed in the primary district to which the WSP district is appended.

C.

Conditional Structures and Uses: Upon application to and favorable decision thereon by the board of county commissioners that such use would promote the health, safety, morals and welfare of the County; the following conditional uses are permitted in this district. Those conditional uses allowed in the primary district to which the WSP district is appended.

D.

Specifically Excluded Uses: The following uses are not permitted:

1.

Agricultural uses which sell, use, store or maintain any toxic chemicals, toxic wastes or toxic products; or any agricultural activity not in compliance with the Georgia Pesticide Act of 1976, Georgia Pesticide Use and Application Act of 1976 and 1982 Ga. Laws, House Bill 1980 (O.C.G.A. § 2-1-4).

2.

Commercial businesses which use, sell, store or maintain any toxic chemicals, toxic wastes or toxic products.

3.

Dumping, discharging, releasing, spraying or distributing any toxic or other harmful products onto the land, into the atmosphere or into a stream or body of water located within a drinking water supply watershed.

4.

Industrial uses or facilities which use, make or create as a product or by product any toxic wastes, heavy materials or metals, grease, animal fat or organic loading.

5.

Sewage treatment facilities unless approved by the Georgia Environmental Protection Division and the Clayton County Board of Health.

E.

Development Intensity Restrictions: The maximum intensity of development in this district is the same as the primary district.

F.

Development Dimensional Requirements. The minimum development dimensional requirements in this district are the same as the primary district.

A.

Supplemental requirements for small drinking water supply watersheds: The following applies to all locations in a small drinking water supply watershed:

1.

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

2.

New hazardous waste treatment or disposal facilities are prohibited.

3.

New facilities, which handle hazardous materials of the types and amounts determined by the Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Department of Natural Resources.

4.

All developments within the small drinking water supply watershed must comply with the Clayton County Water Authority Guidelines.

B.

Perennial Stream Corridors: The perennial stream corridors within a 7-mile radius of the drinking water intake are protected by the following:

1.

A 100-feet buffer on both sides of the stream as measured from the stream bank.

2.

Impervious surfaces are prohibited within a 150-feet setback area on both sides of the stream as measured from the stream bank.

3.

Septic tanks and septic tank drainfields are prohibited in the 150-feet setback areas on both sides of the stream as measured from the stream bank.

C.

Small Drinking Water Supply: The perennial stream corridors within the small drinking water supply watershed and outside of the 7-mile radius of the drinking water intake are protected by the following:

1.

50-feet buffer on both sides of the stream as measured from the stream bank.

2.

Impervious surfaces are prohibited within a 75-feet setback area on both sides of the stream as measured from the stream bank.

3.

Septic tanks and septic tank drainfields are prohibited in the 75-feet setback areas on both sides of the stream as measured from the stream bank.

D.

J.W. Smith Reservoir: In addition to the above, all lots abutting the J.W. Smith Reservoir property must also comply with the following restrictions:

1.

All such lots are to be at least 50,000 square feet in area.

2.

Such lots are generally to have a minimum depth of at least 400 feet. However, up to ten percent of such lots may vary from this standard; provided that compliance with the standard would pose a unique hardship due to the configuration of the reservoir property; and the average depth of nearly all such lots is 400 feet or greater.

3.

All such lots shall have a permanent 150-feet protection buffer adjoining the reservoir property. No septic tanks, septic tank absorption field, related structure or feature, substantial structure, or other feature which may adversely impact the reservoir may occupy any portion of this 150 feet buffer. Additionally, it is preferable that this area be a natural vegetated buffer.

4.

Access to the J.W. Smith Reservoir to conform to the Clayton County Water Authority policies.

5.

Sanitary sewer to be installed unless EPD indicates such sewer should not be installed.

E.

Supplemental requirements for large drinking water supply watersheds: New facilities located within 7-miles of a drinking water intake in a large drinking water supply watershed, which handle hazardous materials of the types and amounts determined by the Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Department of Natural Resources.

A.

Buffer Composition: The buffers required in this section are to provide protection to the County's drinking water source and therefore, are intended to be left in their natural undisturbed state.

B.

Buffer Exceptions from County: Variances required in this Section will only be issued in cases where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship only upon a finding by the Zoning Administrator or the Director of the Transportation and Development Department that all of the following conditions exist:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

2.

The application of this ordinance to the particular piece of property would create an unnecessary hardship;

3.

The special circumstances surrounding the request for a variance are not the result of acts by the applicant;

4.

The variance is not a request to permit a use of land, buildings, or structures that are not permissible in the district involved;

5.

The variance will not result in an increase of the impervious surface of the development beyond that prescribed in this ordinance (applicable only to water supply watersheds); and

6.

Relief if granted, would not cause substantial detriment to the water quality of Clayton County or impair the purposes and intent of this ordinance.

C.

Buffer Exceptions from State: Any encroachment into the twenty-five (25) feet undisturbed State Water Buffer will require a buffer variance from the Georgia Environmental Protection Department.

D.

Conditions: The Zoning Administrator or the Director of Transportation and Development may, as a condition of the variance to certain provisions of this ordinance, require that alternative measures be taken by the applicant such that the purpose of this ordinance may be achieved through alternative means.

E.

Miscellaneous: All drinking water reservoirs in both small and large drinking water supply watersheds are protected by a reservoir management plan. All lots within these areas shall have a permanent 150-feet protection buffer adjoining the reservoir property from the normal full-pool elevation. No septic tanks, septic tank drainfields, related structure or feature, substantial structure, or other feature, which may adversely impact the reservoir, may occupy any portion of this 150-feet buffer. Additionally, it is preferable that this area be a natural, vegetated buffer. In cases when the requirements of this section conflict with the requirements within itself or any other lawfully adopted rules, regulations, resolutions, deed restrictions or covenants, the more restrictive or that imposing higher standards shall govern.

The purpose of the Cherry Hills Overlay District and the Tara Boulevard Overlay District is to implement the policies of the Board of Commissioners as adopted in the Clayton County Comprehensive Plan.

(Ord. No. 2010-113, § 1, 5-11-10)

The intent of these designated Overlay Districts is:

1.

To enhance the quality and compatibility of development in the Overlay;

2.

To encourage appropriate redevelopment of vacant and underutilized properties;

3.

To create developments that are aesthetically pleasing, architecturally distinct and environmentally sustainable;

4.

To encourage a balance of uses for living, working, shopping and recreating that are accessible within a convenient distance from each other;

5.

To promote safe and efficient movement for all persons using various modes of travel within the Overlay Districts including motorized vehicles, bicycles, walking and public transit;

6.

To encourage innovative development projects that set high standards for landscaping, open space, community design and public amenities;

7.

To establish consistent and relational design standards for public improvements and private property development within the Overlay in order to create a distinctive visual quality for the designated Overlay Districts;

8.

To protect and enhance the value of properties in the Overlay, by ensuring that surrounding properties are developed harmoniously and consistently; and

9.

To promote tourism within the Overlay by creating distinct and aesthetically pleasing traffic corridors.

A.

Overlay Districts are supplemental to the underlying zoning district classifications established in the Clayton County Zoning Ordinance that governs all properties within Clayton County. Within areas mapped as Overlay Districts in this Article, these Overlay District regulations shall be overlaid upon, and shall be imposed in addition to, stated underlying zoning regulations which shall still apply except where inconsistent with the regulations of the Overlay District.

B.

The standards and requirements of the Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base zoning district or other provisions of the Zoning Ordinance, including but not limited to the Subdivision Regulations.

C.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

D.

The provisions of each designated Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments. Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

E.

The same uses are permitted in the Overlay District as in the underlying zoning district, and any use that is prohibited or subject to conditional use approval in the underlying zoning district is similarly prohibited or subject to conditional use approval in the Overlay, unless otherwise specified herein.

F.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

A.

Boundary Map: The boundaries of the Overlay are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in Article 5, Zoning Map, of this ordinance and made part of this Overlay District. Copies of the map of the following Overlay areas are available for inspection during normal business hours in the Department of Community Development:

1.

Tara Boulevard Corridor Overlay District; and

2.

Cherry Hills Area Overlay District.

B.

Map Amendment: No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

(Ord. No. 2010-113, § 2, 5-11-10)

A.

Procedures for Zoning Amendment Process. Zoning Amendment application procedures for property located within the Overlay District shall be as provided in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

B.

Procedures for Planned Unit Development. Planned Unit Development application procedures for property located within the Overlay District shall be as provided in Article 7, Planned Unit Development (PUD), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

3.

Traffic Impact Study. A traffic impact study shall be submitted at the time for submittal of the Detailed Development Plan for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

C.

Procedures for Review and Approval of Land Development Requiring Subdivision. Land development within the Overlay District that requires subdivision shall be as provided in the Subdivision Ordinance of Clayton County, with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

4.

Signage Master Plan. For all multi-tenant or multi-owner developments other than single-family residential subdivisions, a signage master plan shall be submitted at the time of review of the preliminary plat. The signage master plan shall contain the following information on a copy of the preliminary plat:

a.

Provide a computation for each proposed sign and/or existing sign to remain, except for window signs and temporary signs, indicate the proposed number of signs and the total sign area of such signs, the proposed location, type, height, and sign area of each sign.

b.

Provide a computation of the maximum permitted number of signs, maximum permitted total sign area, and maximum permitted area for individual signs permitted under Article 8, Sign Standards (SS), of this Ordinance.

D.

Procedures for Review and Approval of Land Development not requiring a Subdivision. Land development within the Overlay District that does not require subdivision shall be as provided in Article 11, Site Development Plans, with the following modifications. However, single family lots of record are exempt from these requirements, pursuant to Article 4.25.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewlaks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewlaks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

4.

Signage Master Plan. For all multi-tenant or multi-owner developments other than single-family residential subdivisions, a signage master plan shall be submitted at the time of review of the preliminary plat. The signage master plan shall contain the following information on a copy of the preliminary plat:

a.

Provide a computation for each proposed sign and/or existing sign to remain, except for window signs and temporary signs, indicate the proposed number of signs and the total sign area of such signs, the proposed location, type, height, and sign area of each sign.

b.

Provide a computation of the maximum permitted number of signs, maximum permitted total sign area, and maximum permitted area for individual signs permitted under Article 8, Sign Standards (SS), of this Ordinance.

Public rights-of-way within the Overlay District shall be improved in accordance with the following standards:

A.

Street Standards. Street standards shall be designed in accordance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines.

B.

Multi-Use Paths.

1.

No motorized vehicles

2.

Maximum grade of 6 percent.

3.

20-feet wide dedicated easement.

4.

12 feet wide and concrete construction.

5.

Shoulder width variable, based on topography.

6.

5-feet flare at street intersections, with ramp to street and removable bollards spaced 6 feet apart to block motorized traffic. The Sight Visibility Standards (SV) of Article 6.27 must be maintained.

7.

Multi-use paths shall be located outside all required buffers, except that a required buffer may contain one or more crossings of a multi-use path provided that such crossing:

a.

Is part of an approved multi-modal access plan required in Article 4.11 of this Ordinance.

b.

Is approximately perpendicular to the required buffer.

c.

Is designed to have the least disruption to the intended screening provided by the required buffer.

8.

Multi-use paths shall be required in order to facilitate pedestrian access from residential and non-residential developments to schools, parks, playgrounds and other County amenities via the multi-use path system. If, at the time of conceptual approval, there are no completed multi-use paths to which the multi-use paths of the proposed developer can be linked, the developer may, at its option, and only with the approval of the Zoning Administrator, in lieu of installing the multi-use paths, dedicate the easements and deposit a cash payment with the Board of Commissioners equal to the cost of installing the multi-use paths. This cost shall be determined by the County engineer. Such deposit shall be placed in a multi-use path construction fund to be established by the Board of Commissioners. When the multi-use system is extended to the boundary of the development, the Board of Commissioners will use the deposit to construct the multi-use paths in the development.

C.

Sidewalks.

1.

All sidewalks shall have a minimum width of 5 feet along all roads in residentially zoned or used areas and 6 feet in all commercial, industrial, and mixed use development areas as defined within the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines.

2.

Continuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage.

D.

Street Trees.

1.

Street trees shall be provided in medians and required landscaped strips adjacent to all streets rights-of-way.

2.

Landscape strips along any collector and arterial roadways shall be a minimum of 10-feet wide.

3.

Street trees shall have a minimum 2.5-inch caliper and 6 feet in height at the time of planting and be warranted by the developer for a period of 2 years.

4.

Street trees shall be spaced an average of 30 feet apart.

5.

Spacing of street trees and streetlight standards may be adjusted to account for driveways, utility poles, fire hydrants and other obstructions and to provide adequate visual clearance for intersections, driveways and traffic control devices.

6.

No street tree or streetlight standard shall be placed within 10 feet of another tree, streetlight standard, utility pole or within 5 feet of a fire hydrant.

7.

Appropriate street tree species include:

a.

Eastern Hornbeam.

b.

Red Maple.

c.

Southern Sugar Maple.

d.

Willow Oak.

e.

Other trees similar to the above and suitable for urban pedestrian environment, upon approval of the County Arborist or his/her designee.

f.

No more than 25 percent of the total number of the trees installed may be of any one genus.

E.

Landscaping.

1.

Medians and landscaped strips shall be planted with grass and a variety of low, hardy shrubbery and flowering plants, and/or flowering trees with mulched beds. Areas of exposed earth shall not be allowed. Landscaping shall be approved by the County Arborist or his/her designees.

2.

Maintenance. All landscape materials required by this article or other article of the Zoning Ordinance shall be maintained by the property owner or Property Owners' Association. Such maintenance shall keep landscape materials healthy, neat and orderly in appearance, and free of litter and debris. Landscape materials that die or that, in the opinion of the County Arborist or his/her designee, are diseased shall be replaced by the property owner or Property Owners' Association.

F.

Buffer Yard.

1.

Where a lot on the external boundary of the Cherry Hills, the Highway 138, the Tara Boulevard Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any residential zoning classification and/or residential use, a buffer yard not less than 50 feet in width shall be provided and maintained in a natural state or so as to maintain an effective visual screen.

2.

Where a lot on the external boundary of the Cherry Hills, the Highway 138, the Tara Boulevard Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any non-residential zoning classification and/or non-residential use, a buffer yard shall be planted as identified within Article 6.35. Buffer Yard Standards (BY).

3.

Said buffer yard shall not be paved and shall not be used for parking, loading, storage, or any other use, expect where necessary to grade or modify a portion of the yard buffer for the installation of utilities necessitated by the development. Water detention ponds shall not be located within buffer yard. No trees, other than dead or diseased trees, shall be removed from said buffer yard, but additional trees and plant material may be added to the buffer yard.

G.

Street and Pedestrian Lighting.

1.

Streetlights of a decorative design, consistent with Clayton County Department of Transportation and Development standards shall be provided for automobiles on all roadways.

2.

Additional lighting of a decorative design approved by the Zoning Administrator shall be provided for pedestrians and bicyclists along all public streets and along all multi-use trails. These lights shall be a maximum of 15 feet in height with average spacing not to exceed 40 feet apart. When design standards call for pedestrian lighting in the same proximity as the streetlights required in this subsection, a streetlight for automobiles may substitute for lighting for pedestrians that would otherwise be required at approximately the same location.

H.

Underground Utilities.

1.

For all new construction and redevelopment, utilities along public streets must be placed underground.

2.

All utilities except for major electric transmission lines and substations are required to be placed underground within a development except where the Board of Zoning Appeals determines that underground utilities are not feasible due to pre-existing physical conditions, such as conflicting underground structures or utilities, shallow rock, high water table, or other similar geologic or hydrologic conditions. A variance may be requested to be heard by the Zoning Board of Appeals in accordance with Article 13.21, Variance Process (VA).

(Ord. No. 2010-113, § 2, 5-11-10)

A.

Property Development Standards. Property within the Overlay shall be developed in accordance with the following standards:

1.

Density. Maximum permitted density shall be as provided in the underlying zoning district, except as provided in paragraph 2 of this subsection.

2.

Density and Height Bonus. If all requirements within this Article are met, the developer of the property shall be entitled to additional intensity of use for uses authorized in the applicable zoning district and in accordance with the following tables:

Tara Boulevard

Cherry Hills

B.

To ensure transition of the height, bulk, and density of structures within the designated Overlay District and the properties adjacent to the overlay boundary, any property abutting a residential zoned district and/or residential use shall have a maximum building height no greater than 35 feet for any structure located within 40 feet of the buffer yard. This requirement shall apply to the entire structure if any part of it encroaches into the 40 feet zone.

(Ord. No. 2010-113, § 4, 5-11-10)

Access Management Standards shall be designed and constructed in accordance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines, with the following modifications.

A.

Vehicular Access Points. Minimum required points of access shall be constructed in accordance with the Table of Vehicular Access Points listed below:

Table of Vehicular Access Points

B.

Access Easements and Inter-Parcel Access. Inter-parcel access, joint driveways, cross-access drives and access easements all intended to provide shared access across adjacent properties shall be provided as follows, except where the Director of Transportation and Development determines that they are unfeasible because of topographic or other site-specific constraints:

1.

Abutting non-residential developments on collector and arterial roadways shall provide a cross-access drive and sidewalk access to allow circulation between sites.

2.

Joint driveways and cross access easements shall be established for multi-parcel, non-residential and mixed use development wherever feasible along collector and arterial roadways. The building site shall incorporate the following:

a.

Continuous cross-access drives connecting adjacent parcels along the thoroughfare.

b.

A design speed of 15 mph and a two-way travel aisle with a minimum of 20 feet to accommodate automobiles, service vehicles and loading vehicles.

c.

Driveway aprons, stub-outs and other design features to indicate that abutting properties may be connected to provide cross access via a service drive.

3.

The Director of Transportation and Development may reduce the required separation distance of access points where the minimum required distance proves impractical, provided all of the following requirements are met.

a.

Joint-access driveways and/or cross-access easements are provided in accordance with this section.

b.

The site plan incorporates a unified access and circulation system for vehicles and pedestrians in accordance with this section.

District standards as identified within Article 3 of the underlying zoning district shall govern, subject to the following modifications.

1.

Lot width. The minimum lot width for commercial property shall be 100 feet at the right-of-way line.

2.

Reduced front setbacks. For mixed use properties in NMX and RMX Zoning Districts, the front yard setbacks may be reduced from the underlying zoning district dimensions to zero feet.

3.

Reduced side setbacks. Setbacks may vary from the underlying zoning district dimensions, provided that 15 feet exist between foundations of buildings located interior to the same lot.

Open space requirements of the underlying zoning districts shall govern the percentage of open space required, subject to the following modifications.

A.

Categories of Open Space. Open space required in the designated Overlay District shall be held under unitary ownership or control and shall consist of any of the following three categories of land:

1.

Primary conservation area. This category includes streams; wetlands designated by the national wetlands inventory; 100-year floodplain, as identified on federal insurance rate maps; steep slopes exceeding 25 percent; areas of exposed rock; and private cemeteries and burial grounds. These areas shall be left in a natural and undisturbed state, except for the fewest possible perpendicular crossings of essential access roads and utility lines.

2.

Secondary conservation area. This category includes land in water supply watersheds; aquifer recharge areas identified in the Clayton County Comprehensive Plan; riparian and wetland buffers that are over 25 feet in width; significant habitat areas, as identified in the Clayton County Comprehensive Plan; areas containing archaeologically or historically significant structures or sites, as identified in the Clayton County Comprehensive Plan; and related contextual areas, soils unsuitable for septic tanks, prime agricultural soils, mature hardwood forest, meadows, farm fields, pastures and other areas with scenic views.

3.

Outdoor recreation area. This category includes greenways, trails, bikeways, paths, tennis courts, ball fields, playfields, courts, golf courses, swimming pools, clubhouses, bicycle facilities, equestrian facilities, beaches, docks, seating areas, amphitheaters, stages, band shells, community buildings, fountains, plazas, patios, decks, lawns, picnic shelters and picnic areas, landscaping and other land containing outdoor recreation structures and facilities. Lakes and ponds are allowed in outdoor recreation areas, but their surface area shall not be counted as open space.

B.

Impervious Areas. Parking lots, drives, walks, buildings and other impervious surfaces may be included in required open space, provided that they constitute no more than ten percent of the total required open space.

C.

Accessibility of Open Space. Open space shall be designed and located for the convenient access and enjoyment of all users of the property. Access to open space shall be within 1,000 feet of all occupied buildings in the development. All occupied buildings shall be connected to the open space by improved pathways or sidewlaks.

D.

Contiguous Open Space. Not less than 50 percent of required open space shall be in a contiguous tract.

E.

Interconnected Open Space Network. It is the intent of this section that the protected conservation areas, open spaces, greenways, bikeways, trails, sidewalks and outdoor recreation areas within a development that provides open space be continuous with compatible areas containing similar features on abutting property. The design of developments shall provide for maximum connections, providing pedestrian and bike access to off-site and on-site attractions such as public trails, paths, parks, and wildlife refuges; public facilities such as community centers, schools, libraries, fire and police stations, senior centers, railroad right-of-way, and utility easements; and institutions such as universities, churches, museums and other cultural facilities.

F.

Ownership, Maintenance, and Control of Open Space. Common open space within a development shall be held in unitary ownership or control and perpetually administered and maintained by any of the following methods, either individually or in combination, and subject to approval by the County:

1.

Fee-simple dedication. Open space or common areas within developments may be offered for dedication to the public at the time of application. Dedication shall take the form of a fee simple ownership and be accepted by the Board of Commissioners. The County may, but shall not be required to, accept undivided open space, provided that:

a.

The size, location, type of development, cost of development or maintenance of such open space or common area or the availability of public open space would make public use desirable or necessary.

b.

Such land is accessible to the public.

c.

There is no cost to the County.

d.

The developer conveys to the County a copy of the deed of conveyance and a title certificate or, at the request of the Zoning Administrator, a commitment for a policy of title insurance issued by an insurance company authorized to do business in the State of Georgia, assuring unencumbered title for all lands proposed to be conveyed to the County, other appropriate governmental agency or other organization, including the nonprofit organization.

2.

Property Owners Association. The undivided open space and associated facilities may be held in common ownership in perpetuity by a Property Owners' Association established in accordance with the laws of the State of Georgia. The association shall be formed and operated under the following additional provisions:

a.

The developer shall provide a description of the association, including its bylaws and methods for maintaining open space.

b.

The association shall be organized by the developer and shall be operated by the developer until the sale of two-thirds of the lots within the development.

c.

Membership in the association is mandatory for all purchasers of property and their successors.

d.

The association shall be responsible for perpetual maintenance of insurance and taxes on undivided open space, enforceable by liens placed by the County or any homeowner on the association.

3.

Private conservation organization. The owner of open space may transfer casements to a private, non-profit organization among whose purposes it is to perpetually conserve open space, provided that:

a.

The organization is a conservation organization with perpetual existence.

b.

The conveyance contains appropriate provisions for proper reversion or retransfer, in the event that the organization becomes unwilling or unable to continue carrying out its functions.

c.

A perpetual maintenance agreement acceptable to the County is entered into by the developer and the organization subject to the provision of Article 6.25 of the Subdivision Regulations.

d.

Prior to dedication or conveyance of open space, the following documents shall be submitted to and approved by the County and such approval shall be obtained before any final plat is recorded or final site plan is approved. Such documents, once approved, shall become part of the recorded subdivision plat or approved site plan.

i.

Specification of the ownership of the common open space.

ii.

The articles of incorporation or other organizational documentation for the nonprofit organization.

iii.

The bylaws of the non-profit organization. The covenants or restrictions related to the use of common property, including the system and amounts of assessments for perpetuation and maintenance.

iv.

The covenants or restrictions related to the use of common property, including the system and amounts of assessments for perpetuation and maintenance.

v.

A document granting the right-of-entry upon such common property to the County law enforcement officers, rescue squad personnel and fire fighting personnel while in the pursuit of their duties, and, in the case of private streets and common driveways, permitting the enforcement of cleared emergency vehicle access.

vi.

A specification of methods of maintenance, responsibilities of maintenance, and a recommended time schedule for the maintenance of major facilities, including streets, street signs, pools, sidewalks, parking areas and buildings.

vii.

A guarantee that any association formed to own and maintain open space will not be dissolved without notice to the County.

viii.

A copy of the proposed notice that will be given to prospective buyers regarding the organization, assessments and fiscal program.

ix.

A specification of compulsory membership and compulsory assessment provisions.

G.

Liens by Clayton County. In the event that the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the County reserves the right to seek a court order allowing it to enter the property, take corrective action, and receive a judgment for the costs of corrective action as well as attorney's fees for bringing the action.

The following architectural standards shall apply:

1.

Minimum Facade Height. A minimum facade height of 18 feet shall be maintained on arterial and collector roadways.

2.

Street Orientation. Principal building entrances shall be oriented to public streets wherever possible. When approved by the Zoning Administrator, a principal building entrance may be oriented to a side yard provided said entrance is not more than 100 feet from the right-of-way of an adjacent street and directly connected to the adjacent street frontage by a continuous sidewalk not less than 5 feet in width.

3.

Building Materials. Buildings materials for all exterior wall facades shall be constructed of brick, stone, textured concrete masonry units, stucco, or glass. Single-family dwelling facades shall be constructed with brick, stone, stucco, cement fiber board, wood siding or similar material approved by the Zoning Administrator.

4.

Color. All materials shall be earth-tone in color, as approved by the Zoning Administrator.

5.

Prohibited Materials. Metal siding, vinyl siding, metal canopies and smooth faced concrete masonry units are prohibited.

6.

Exceptions. Vinyl products shall only be used for soffits, eaves, and fascia of residential structures.

7.

Customer Entrances for Non-Residential Uses. All customer entrances located along the front facade, shall feature a combination of three or more of the following features:

a.

Canopies and porticos.

b.

Overhangs.

c.

Recesses or projections.

d.

Arcades.

e.

Raised, corniced parapets.

f.

Peaked roof forms.

g.

Arches.

h.

Display windows.

i.

Architectural details, such as tile work and moldings which are incorporated into the building structure and design.

8.

Single-Family Residential. Each single-family attached and/or detached dwelling unit shall utilize at least four of the following architectural design features:

a.

Dormers.

b.

Bay or bow windows.

c.

Garage setback at least 20 feet behind the facade of the principal structure.

d.

Side- or rear-entry garage.

e.

Covered porch entry (covered front porch).

f.

Transoms and sidelights.

g.

Off-sets on building face or roof (minimum two feet).

h.

A roof with a pitch greater than 8:12 and a minimum overhang of 12 inches on all sides.

i.

Columns, pillars, or posts on facade.

j.

Shutters and other window decorations.

k.

Arched or Palladian windows.

l.

Hip and gable roof lines.

9.

Accessory Structures. Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

10.

Massing and Modulation. The massing of building facades oriented to public streets shall incorporate either modulation, defined here as a wave in the exterior wall, with horizontal breaks at least every 100 feet. Front facade design shall provide varying wall offsets and other architectural features to create horizontal (wall) and vertical building articulation.

11.

Fenestration. At least 40 percent of non-residential facades facing arterial and collector roadways must be clear glass.

12.

Roof features. Rooflines shall incorporate roof features (extensions, and/or projections such as a gable, parapet, dormers or others) that achieve visual interest through variation of the roofline. These features shall conform to the following specifications:

a.

Roof features shall not exceed the average height of the supporting walls.

b.

The average height of parapets shall not exceed 15 percent of the height of the supporting wall. Parapets shall feature three dimensional cornice treatments.

c.

Cornices shall have perceptible projection or overhanging eaves that extend past the supporting walls.

d.

The roof pitch of sloped roofs shall be a minimum of 4:12 (vertical to horizontal).

13.

Roof Top Equipment. All roof-top equipment shall be screened from public view by parapets, dormers or other screens.

14.

Fencing. Chain link fencing shall not be visible from any public street.

Off-street parking shall be required as in Article 6.32. Parking Standards (PK), of this Zoning Ordinance, except as provided below.

1.

Location. No more than 25 percent of the required number of parking spaces for a non-residential zoning district and/or use shall be located in the front yard.

2.

Screening. Where a parking lot is adjacent to a street or public right-of-way, the parking lot shall be screened from the right-of-way by a minimum landscape strip of 10-feet wide having a variety of hardy shrubbery, flowering plants, and flowering/shade trees, as approved by the County Arborist, or his/her designee.

3.

Lighting. Parking lots with more than 25 spaces must be illuminated. Lighting fixtures must minimize the diffusion of light to other properties in accordance with Article 6.36, Outdoor Lighting (OL), with the following modifications:

a.

All lighting poles and fixtures shall be decorative, as approved by the Zoning Administrator.

4.

Bicycle parking. All uses that are required to provide off-street parking spaces for motorized vehicles shall also provide bicycle parking space. Uses that require up to 25 off-street parking spaces for motorized vehicles shall provide at least one bicycle space, plus a minimum of one more bicycle space for each additional 50 parking spaces required for motorized vehicles.

5.

Shared parking. The following standards shall apply for shared parking.

a.

The Zoning Administrator may approve a reduction of up to 25 percent in the number of parking spaces required for a specific use where inter-parcel access is provided and a shared parking analysis, which is approved by the Zoning Administrator, demonstrates that adequate parking will be provided.

b.

Per the table below, a shared parking calculation projection shall be provided that demonstrates that each use will have adequate parking provisions at all times. The process for determining the minimum parking requirements for a mixed use development or for contiguous properties containing multiple uses is:

i.

Determine the minimum number of parking spaces required for each use category from Article 6.32, parking Standards (PK) of this zoning ordinance.

ii.

Multiply each parking requirement by the corresponding percentage for each of the time periods shown on the table below.

iii.

Total the number of parking spaces for each of the time periods (add together the numbers in each column).

iv.

The largest column total is the minimum shared parking requirement for the development or collectively for the contiguous properties.

v.

In no case shall parking spaces that are farther than 1,000 feet from a building entrance be allowed to satisfy off street parking requirements for a use or be counted towards shared parking requirements.

Shared parking space requirements

Parking lot landscaping shall be required as in Article 6.34, Landscaping Standards (LS), of this Zoning Ordinance, except as provided below.

1.

Trees shall be distributed evenly throughout the parking area. In parking areas, islands shall be located every eight spaces.

Off-street loading shall be required as in Article 6.33, Loading Standards (LS), of this Zoning Ordinance, except as provided below.

1.

Buildings with more than 5,000 sq. ft. of commercial, retail, services or professional offices shall provide a minimum of one off-street loading space.

2.

Buildings with more than 25,000 sq. ft. of commercial, retail, services or professional offices shall provide a minimum of one off-street loading space for each 25,000 gross sq. ft. or fraction thereof.

3.

Off-street loading shall be limited to the area between the rear of the principal structure and the rear lot setback line, or between the side of the principal building and the side lot setback line.

Dumpster and other trash refuge areas shall be required as in Article 6.9, Accessory Use/Structure Standards (AS), of this Zoning Ordinance.

Gasoline pump islands may be permitted only when they can be located between the rear of the principal building and the rear lot line. Gasoline pump islands shall be separated from abutting residential property by a minimum 50-feet wide landscaped buffer and an opaque fence or wall that is a minimum of six feet in height. See Article 6.30, Fence and Wall Standards (FW) of this Zoning Ordinance for standards.

The following drive-through windows standards shall apply:

1.

Drive-through windows shall be screened from view from any dedicated rights-of-way and from adjacent residentially zoned property and/or any existing residential use.

2.

No outdoor speakers shall be directed toward adjoining residentially zoned property and/or any existing residential use.

Master Signage Plans are required for all land development within the Overlay District, as described in Article 4.11. Signs shall be required as in Article 8, Sign Regulations (SS), of this Zoning Ordinance.

Applications for land disturbance permits, site development plan review, plat approval, sign permits, and building permits for properties within the designated Overlay District shall meet all of the requirements of the base zoning district in which the parcel is located and all provisions of the designated Overlay District unless such application meets one of the following exceptions:

A.

Alterations to existing single-family dwellings located within a subdivision of record zoned AG, ER, RS-180, RS-110, RG-75, PUD with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District, provided that such alterations are limited to the following actions:

1.

Additions of heated floor area less than 50 percent of the existing floor area.

2.

Construction of an accessory structure or garage not to exceed 750 square feet in floor area.

3.

Improvements to outdoor space, such as swimming pools, courts for basketball, tennis or handball, gazebos, trellises, patios, decks, balconies, and similar non-occupied structures, or interior renovations.

B.

Construction of a single-family dwelling on an existing lot of record zoned AG, ER, RS-180, RS-110, RG-75, or PUD within a single-family residential subdivision with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District Ordinance provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

C.

Replacement, reconstruction, restoration, or repair of a single-family dwelling that is destroyed or damaged by fire or other natural occurrence shall not be subject to the provisions of this Overlay, provided that such dwelling is located on an existing lot of record zoned for a residential use within a single-family residential subdivision with a final plat approved prior to enactment of this section, and provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

D.

Construction, rehabilitation, restoration and repair of a non-residential structure existing prior to the enactment of this section shall not be subject to those provisions of the Overlay until such time as the cumulative effect of all permits on a single parcel result in an increase in the total floor area of the existing structure by 20 percent or 5,000 square feet, whichever is less.

The applicant shall provide a surety, performance guarantee, or post performance bonds in a form acceptable to Clayton County in order to guarantee timely installation of required project improvements such as, but not limited to, streets, utilities, drainage, sidewalks, landscaping, amenity/recreation areas, and multi-use trails within the subject development that are consistent with the Preliminary Plat, Site Development Plan, and/or Detailed Development Plan within the designated Overlay Design Guidelines. The surety, performance guarantee, or performance bonds shall be provided in accordance with the provision of Article 5, Surety, of the Subdivision Regulations with the following modifications.

1.

If the development does not require subdivision, the Surety shall be provided at the time of the Construction Drawing request and before the Grading and Soil Erosion & Sedimentation Control Permits are released.

Appeals of final decisions of the Zoning Administrator by aggrieved persons shall be in accordance with Article 13.22, Administrative Appeal Process (AA) of this Zoning Ordinance. Furthermore, appeals of this ordinance may be requested to be heard by the Zoning Board of Appeals in accordance with Article 13.21, Variance Process (VA).

The purpose of the Highway 42 Corridor Overlay District is to implement the policies of the Board of Commissioners as adopted in the Clayton County Comprehensive Plan.

The intent of this Overlay District is:

1.

To preserve, protect and enhance the existing character of the Highway 42 Corridor;

2.

To encourage appropriate development and redevelopment of vacant and underutilized properties;

3.

To set high standards for architecture, landscaping, signage and overall design of new developments within the Overlay District;

4.

To establish consistent and rational design standards for development within the Overlay District in order to enhance the visual appeal of the Highway 42 Corridor;

5.

To protect and enhance the value of properties in the Overlay District by ensuring that surrounding properties are developed harmoniously and consistently; and

6.

To protect established residential areas from encroachment of uses which are either incompatible or unduly cause adverse impacts on such communities, and to protect the health, safety and welfare of the citizens of Clayton County.

A.

Overlay Districts are supplemental to the underlying zoning district classifications established in the Clayton County Zoning Ordinance that governs all properties within Clayton County. Within areas mapped as Overlay Districts in this Article, these Overlay District regulations shall be overlaid upon, and shall be imposed in addition to, stated underlying zoning regulations which shall still apply except where inconsistent with the regulations of the Overlay District.

B.

The standards and requirements of the Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base zoning district or other provisions of the Zoning Ordinance, including but not limited to the Subdivision Regulations.

C.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

D.

The provisions of each designated Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments, Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

E.

The same uses are permitted in the Overlay District as in the underlying zoning district and any use that is prohibited or subject to conditional use approval in the underlying zoning district is similarly prohibited or subject to conditional use approval in the Overlay, unless otherwise specified herein.

F.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

A.

Boundary Map: The boundaries of the Overlay are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in Article 5, Zoning Map, of this ordinance and made part of this Overlay District. Copies of the map are available for inspection during normal business hours in the Department of Community Development.

B.

Map Amendment: No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

A.

Procedures for Zoning Amendment Process. Zoning Amendment application procedures for property located within the Overlay District shall be as provided in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

B.

Procedures for Planned Unit Development. Planned Unit Development application procedures for property located within the Overlay District shall be as provided in Article 7, Planned Unit Development (PUD), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

3.

Traffic Impact Study. A traffic impact study shall be submitted at the time for submittal of the Detailed Development Plan for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

C.

Procedures for Review and Approval of Land Development Requiring Subdivision. Land development within the Overlay District that requires subdivision shall be as provided in the Subdivision Ordinance of Clayton County, with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

4.

Signage Master Plan. For all multi-tenant or multi-owner developments other than single-family residential subdivisions, a signage master plan shall be submitted at the time of review of the preliminary plat. The signage master plan shall contain the following information on a copy of the preliminary plat:

a.

Provide a computation for each proposed sign and/or existing sign to remain, except for window signs and temporary signs, indicate the proposed number of signs and the total sign area of such signs, the proposed location, type, height, and sign area of each sign.

b.

Provide a computation of the maximum permitted number of signs, maximum permitted total sign area, and maximum permitted area for individual signs permitted under Article 8, Sign Standards (SS), of this Ordinance.

D.

Procedures for Review and Approval of Land Development not requiring a Subdivision. Land development within the Overlay District that does not require subdivision shall be as provided in Article 11, Site Development Plans, with the following modifications. However, single-family lots of record are exempt from these requirements, pursuant to Article 4.36.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

4.

Signage Master Plan. For all multi-tenant or multi-owner developments other than single-family residential subdivisions, a signage master plan shall be submitted at the time of review of the preliminary plat. The signage master plan shall contain the following information on a copy of the preliminary plat:

a.

Provide a computation for each proposed sign and/or existing sign to remain, except for window signs and temporary signs, indicate the proposed number of signs and the total sign area of such signs, the proposed location, type, height, and sign area of each sign.

b.

Provide a computation of the maximum permitted number of signs, maximum permitted total sign area, and maximum permitted area for individual signs permitted under Article 8, Sign Standards (SS), of this Ordinance.

The following uses shall be prohibited within the Highway 42 Corridor Overlay District:

1.

Hotels and motels;

2.

Adult entertainment, sexually oriented businesses and massage parlors;

3.

Night club, dance club, tavern and similar private clubs.

A.

Architectural Standards. Architectural design of all buildings and structures, excluding those utilized for residential land uses, shall adhere to the following standards:

1.

A minimum of 40 percent of each facade of any primary structure shall be constructed of brick, granite, stone, marble, terrazzo, architecturally treated reinforced concrete slabs, either fluted or with exposed aggregate, insulated window wall panels or stainless steel, porcelain-treated steel, anodized or other permanently finished aluminum.

2.

No more than 50 percent of each facade of any primary structure shall be constructed of metal panels with a baked-on enamel or acrylic finish (which must be expected to retain its appearance without substantial maintenance for a period of ten years), stucco, dryvit, concrete block with either sculptured treatment or stack bond with sculptured treatment, or split-faced decorative block.

3.

Walls visible from roadways or parking areas shall incorporate changes in building material, varying wall offsets and/or other architectural features every 100 linear feet.

4.

Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

5.

All roof-top equipment shall be screened from public view by parapets, dormers or other screens. The average height of parapets shall not exceed 15 percent of the height of the supporting wall, and shall not at any point exceed a height equal to 30 percent of the supporting wall.

6.

Sloped roofs shall feature a roof plane change, gable, or dormer for every 100 linear feet.

7.

The roof pitch for sloped roofs shall be a minimum of 4:12 over the primary structure.

8.

Chain link fencing shall not be visible from any public street.

9.

Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited on the exterior and interior of the structure, except on the structure's rear.

10.

Vending machines, paper stands, and other similar devices must be located within a building.

11.

Outdoor storage of propane tanks shall be permitted. Propane tank storage shall be screened from view from any public right-of-way.

B.

Sign standards. The sign standards established within Article 8, Sign Standards (SS), of the Zoning Ordinance shall be applied to all non-residential properties within the Highway 42 Corridor Overlay District, along with the following additional requirements:

1.

Ground signs shall not exceed 8 feet in height.

2.

Ground signs shall be monument-based. Pole signs are prohibited.

3.

Signs shall reflect and complement the building materials, colors, and other design details of the principal structure on the lot upon which the sign is installed.

C.

Landscaping standards. The landscaping standards established in Article 6.34, Landscaping Standards (LA), shall apply to all non-residential properties within the Highway 42 Corridor Overlay District, along with the following additional requirements:

1.

A landscaped strip a minimum of 10 feet in width shall be provided along all side and rear property lines.

2.

A landscaped strip a minimum of 15 feet in width shall be required along the front property line.

3.

Landscaped strips along public rights-of-way shall be continuous except at points of ingress or egress onto the property.

4.

Landscaped strips may consist of ground cover, shrubs, trees, and hardscape elements such as planters and benches, or any combination thereof. Areas of exposed earth shall not be allowed.

5.

All landscaped strips shall be maintained by the property owner. Any tree, shrub or ground cover which dies shall be replaced within the earliest planting season.

D.

Parking Standards. Off-street parking shall be required as in Article 6.32, Parking Standards (PK), of the Zoning Ordinance, except as provided below:

1.

No more than 50 percent of the required number of parking spaces shall be located in the front yard.

2.

Where a parking lot is adjacent to a street or public right-of-way, the parking lot shall be screened from the right-of-way by a minimum of a 3-feet high and 3-feet wide, dense evergreen hedge or by a brick, stone or textured concrete masonry unit wall not less than 3 feet in height.

3.

The Zoning Administrator may approve a reduction of up to 25 percent in the number of parking spaces required for a specific use where inter-parcel access is provided and a shared parking analysis, which is approved by the Zoning Administrator, demonstrates that adequate parking will be provided. The process for determining the minimum parking requirements for a mixed use development or for contiguous properties containing multiple uses is:

a.

Determine the minimum number of parking spaces required for each use category from Article 6.32, Parking Standards (PK) of the Zoning Ordinance.

b.

Multiply each parking requirement by the corresponding percentage for each of the time periods shown on the table below.

c.

Total the number of parking spaces for each of the time periods (add together the numbers in each column).

d.

The largest column total is the minimum shared parking requirement for the development or collectively for the contiguous properties.

e.

In no case shall parking spaces that are farther than 1,000 feet from a building entrance be allowed to satisfy off-street parking requirements for a use or be counted towards shared parking requirements.

Shared parking space requirements

E.

Loading Standards. Off-street loading shall be required as in Article 6.33. Loading Standards (LD), of the Zoning Ordinance, except as provided below:

1.

Off-street loading shall be limited to the area between the rear of the principal structure and the rear lot setback line, or between the side of the principal building and the side lot setback line.

2.

Where a loading area is visible from a street or public right-of-way, the loading area shall be screened from the right-of-way by a minimum 5-feet high and 5-feet wide, dense evergreen hedge or by a brick, stone or textured concrete masonry unit wall not less than 5 feet in height.

[F.

] Outdoor Lighting Standards. All outdoor lighting shall adhere to the standards set forth within Article 6.36, Outdoor Lighting Standards (OL).

A.

Architectural Standards for one-family and two-family dwellings. Architectural design of all buildings and structures utilized for one-family and two-family residential uses shall adhere to the following standards:

1.

Building materials for all exterior facades of residential buildings shall consist of brick, stone, stucco, wood siding, fiber cement siding or similar material approved by the Zoning Administrator.

2.

Vinyl products shall only be used for soffits, caves, and fascia of residential structures.

3.

Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

4.

Sloped roofs shall feature a roof plane change, gable, or dormer for every 100 linear feet.

5.

The roof pitch for sloped roofs shall be a minimum of 4:12 over the primary structure.

B.

Architectural Standards for multiple-family dwellings. Architectural design of all buildings and structures utilized for multiple family residential uses shall adhere to the following standards:

1.

Roof Line Variation. At least two of the following types of roof line variations shall be required in a group of attached units. The maximum roof line length without a variation with at least one of the following design elements shall not exceed 30 feet:

a.

Vertical offset in ridge line (min. 18 in.);

b.

Gables;

c.

Exaggerated cornices or bracketed eaves (eaves must extend at least 18 inches from the wall);

d.

Dormers; or

e.

Other architectural features that achieves the intent of this paragraph.

2.

Facade Variation: A grouping of attached units shall include at least three of the following design elements along any facade facing public streets or private drives:

a.

Covered entries;

b.

Cupolas;

c.

Pillars or posts;

d.

Bay or bow window (minimum 12 - inch projection);

e.

Off-sets in building face (minimum 16-inches); or

f.

Some other architectural feature that achieves the intent of this paragraph.

3.

Windows: Any wall facing a public right-of-way shall incorporate window and/or door openings to limit the appearance of blank walls. Such openings shall constitute at least 15 percent of the wall area.

C.

Sign standards. The sign standards established within Article 8, Sign Standards (SS), of the Zoning Ordinance shall be applied to all residential properties within the Highway 42 Corridor Overlay District, along with the following additional requirements:

1.

Subdivision entrance signs shall be constructed of brick, stone and/or metal.

D.

Landscaping standards. The landscaping standards established in Article 6.34, Landscaping Standards (LA), shall apply to all residential properties within the Highway 42 Corridor Overlay District, along with the following additional requirements:

1.

Where a subdivision, condominium, cluster housing or multiple family residential development borders a public right-of-way, a landscaped greenbelt buffer a minimum of 30 feet in width shall be provided along the right-of-way to provide screening. Screening may be provided utilizing a decorative wall and/or landscaped berm. This greenbelt shall be provided in addition to yard setbacks required by Article 3 of the Zoning Ordinance.

2.

A landscaped strip a minimum of 25 feet in width shall be required along all boundaries of subdivisions, condominium, cluster housing or multiple family residential developments which do not border a public right-of-way. This landscape strip shall be provided in addition to yard setbacks required by the Zoning Ordinance.

3.

Landscaped strips and greenbelts may consist of ground cover, shrubs, trees, and/or decorative fencing or walls. Areas of exposed earth shall not be allowed.

4.

All landscaped strips and greenbelts shall be maintained by the property owner. Any tree, shrub or ground cover which dies shall be replaced within the earliest planting season.

F.

Parking Standards. Off-street parking shall be required as in Article 6.32, Parking Standards (PK), of the Zoning Ordinance.

G.

Outdoor Lighting Standards. All outdoor lighting shall adhere to the standards set forth within Article 6.36, Outdoor Lighting Standards (OL).

Applications for land disturbance permits, site development plan review, plat approval, sign permits, and building permits for properties within the designated Overlay District shall meet all of the requirements of the base zoning district in which the parcel is located and all provisions of the designated Overlay District unless such application meets one of the following exceptions:

A.

Alterations to existing single-family dwellings located within a subdivision of record zoned AG, ER, RS-180, RS-110, RG-75, or PUD with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District, provided that such alterations are limited to the following actions:

1.

Additions of heated floor area less than 50 percent of the existing floor area.

2.

Construction of an accessory structure or garage not to exceed 750 square feet in floor area.

3.

Improvements to outdoor space, such as swimming pools, courts for basketball, tennis or handball, gazebos, trellises, patios, decks, balconies, and similar non-occupied structures, or interior renovations.

B.

Construction of a single-family dwelling on an existing lot of record zoned AG, ER, RS-180, RS-110, RG-75, or PUD within a single-family residential subdivision with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District Ordinance provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

C.

Replacement, reconstruction, restoration, or repair of a single-family dwelling that is destroyed or damaged by fire or other natural occurrence shall not be subject to the provisions of this Overlay, provided that such dwelling is located on an existing lot of record zoned for a residential use within a single-family residential subdivision with a final plat approved prior to enactment of this section, and provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

D.

Construction, rehabilitation, restoration and repair of a non-residential structure existing prior to the enactment of this section shall not be subject to those provisions of the Overlay until such time as the cumulative effect of all permits on a single parcel result in an increase in the total floor area of the existing structure by 20 percent or 5,000 square feet, whichever is less.

The Zoning Administrator shall have the authority to require the applicant to establish a surety, performance guarantee, or post performance bonds in a form acceptable to Clayton County in order to guarantee timely installation of required project improvements such as, but not limited to, streets, utilities, drainage, sidewalks, landscaping, amenity/recreation areas, and multi-use trails within the subject development that are consistent with the Preliminary Plat, Site Development Plan, and/or Detailed Development Plan within the designated Overlay Design Guidelines. The surety, performance guarantee, or performance bonds shall be provided in accordance with the provision of Article 5, Surety, of the Subdivision Regulations with the following modifications.

1.

If the development does not require subdivision, the Surety shall be provided at the time of the Construction Drawing request and before the Grading and Soil Erosion & Sedimentation Control Permits are released.

Appeals of final decisions of the Zoning Administrator by aggrieved persons shall be in accordance with Article 13.22, Administrative Appeal Process (AA) of this Zoning Ordinance. Furthermore, appeals of this ordinance may be requested to be heard by the Zoning Board of Appeals in accordance with Article 13.21, Variance Process (VA).

The purpose of the Panhandle Area Overlay District is to implement the policies of the Board of Commissioners as adopted in the Clayton County Comprehensive Plan.

The intent of the Panhandle Overlay District is:

1.

To preserve, protect and enhance the existing character of the Panhandle Area;

2.

To enhance the quality and compatibility of development in the Overlay District by encouraging uniformity of forms, scale, massing, size and materials such that new structures will conform to existing community features and standards;

3.

To promote the economic, cultural, and general welfare of the public by fostering sustainable growth within the rural areas of Clayton County;

4.

To increase the level of community understanding and expectations for quality in the built environment while simultaneously promoting desirable rural-living conditions;

5.

To monitor and prevent functional and visual disunity in design, unaesthetic and environmentally destructive uses, and property depreciation or blight.

A.

Overlay Districts are supplemental to the underlying zoning district classifications established in the Clayton County Zoning Ordinance that governs all properties within Clayton County. Within areas mapped as Overlay Districts in this Article, these Overlay District regulations shall be overlaid upon, and shall be imposed in addition to, stated underlying zoning regulations which shall still apply except where inconsistent with the regulations of the Overlay District.

B.

The standards and requirements of the Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base zoning district or other provisions of the Zoning Ordinance, including but not limited to the Subdivision Regulations.

C.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

D.

The provisions of each designated Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments, Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

E.

The same uses are permitted in the Overlay District as in the underlying zoning district and any use that is prohibited or subject to conditional use approval in the underlying zoning district is similarly prohibited or subject to conditional use approval in the Overlay, unless otherwise specified herein.

F.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

A.

Boundary Map: The boundaries of the Overlay are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in Article 5, Zoning Map, of this ordinance and made part of this Overlay District. Copies of the map are available for inspection during normal business hours in the Department of Community Development.

B.

Map Amendment: No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

A.

Procedures for Zoning Amendment Process. Zoning Amendment application procedures for property located within the Overlay District shall be as provided in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

3.

Public Notice. Written notice of the petition shall be distributed to all property owners within two ownerships or five hundred (500) feet of the boundaries of the subject property, whichever is greater. Furthermore, at the time of submittal, the Zoning Administrator may provide the petitioner with listing of additional mailing addresses of property owners and/or organizations to adequately notify the community.

B.

Procedures for Planned Unit Development. Planned Unit Development application procedures for property located within the Overlay District shall be as provided in Article 7, Planned Unit Development (PUD), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

3.

Traffic Impact Study. A traffic impact study shall be submitted at the time for submittal of the Detailed Development Plan for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

C.

Procedures for Review and Approval of Land Development Requiring Subdivision. Land development within the Overlay District that requires subdivision shall be as provided in the Subdivision Ordinance of Clayton County, with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

4.

Signage Master Plan. For all multi-tenant or multi-owner developments other than single-family residential subdivisions, a signage master plan shall be submitted at the time of review of the preliminary plat. The signage master plan shall contain the following information on a copy of the preliminary plat:

a.

Provide a computation for each proposed sign and/or existing sign to remain, except for window signs and temporary signs, indicate the proposed number of signs and the total sign area of such signs, the proposed location, type, height, and sign area of each sign.

b.

Provide a computation of the maximum permitted number of signs, maximum permitted total sign area, and maximum permitted area for individual signs permitted under Article 8, Sign Standards (SS), of this Ordinance.

D.

Procedures for Review and Approval of Land Development not requiring a Subdivision. Land development within the Overlay District that does not require subdivision shall be as provided in Article 11, Site Development Plans, with the following modifications. However, single-family lots of record are exempt from these requirements, pursuant to Article 4.46.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

4.

Signage Master Plan. For all multi-tenant or multi-owner developments other than single-family residential subdivisions, a signage master plan shall be submitted at the time of review of the preliminary plat. The signage master plan shall contain the following information on a copy of the preliminary plat:

a.

Provide a computation for each proposed sign and/or existing sign to remain, except for window signs and temporary signs, indicate the proposed number of signs and the total sign area of such signs, the proposed location, type, height, and sign area of each sign.

b.

Provide a computation of the maximum permitted number of signs, maximum permitted total sign area, and maximum permitted area for individual signs permitted under Article 8, Sign Standards (SS), of this Ordinance.

A.

Prohibited uses. The following residential land uses shall be prohibited within the Panhandle Area Overlay District:

1.

Residential townhomes, except within a Planned Unit Development (PUD)

2.

Residential condominiums

3.

Multi-family residential apartments

B.

Maximum Density. The maximum density of any major subdivision shall not exceed 1.25 dwelling units per acre. The maximum allowable number of lots shall be calculated as such:

Gross site area (acres) × 1.25 Dwelling units per acre = Maximum number of lots

Example: 20 acres × 1.25 Dwelling units per acre = 25 lots, maximum

C.

Architecture and Appearance Standards. The Architecture and Appearance Standards (AA) in Article 6.7 of the Zoning Ordinance shall apply to the Panhandle Area Overlay District with the addition of the following standards:

1.

Building materials for all exterior front facades shall consist of 75 percent brick, stone, hard-coat stucco, fiber cement siding, cementious materials, and/or similar material approved by the Director of Community Development.

2.

A minimum of 30 percent of each facade of any primary structure other than front façade shall be constructed of brick, stone or hard-coat stucco, fiber cement siding, cementious materials, and/or similar material approved by the Director of Community Development unless a craftsman style construction. A continuous minimum 3- foot high brick/masonry water table that is consistent with other masonry materials on the front façade maybe provided to meet the 30 percent.

3.

Duplication of exterior color combination of brick, stone, and/or cementious materials on structures shall not be permitted on contiguous lots.

4.

Vinyl products shall only be used for soffits, caves and fascia of residential structures.

5.

All buildings shall have pitched roofs. The roof pitch shall be a minimum of 6:12 over the primary structure.

6.

Roofing materials for a dwelling shall be composed of either composition shingles, clay or concrete tile, metal, cedar shingles or shakes. Composition shingles shall be architectural style, with a certified performance of at least 25 years. Roofs covering the main body of the structure shall be symmetrical gables, hip-style, or mono-pitch (shed) style.

7.

Each dwelling unit shall utilize at least four of the following architectural design features:

a.

Dormers;

b.

Bay or bow windows;

c.

Garage setback at least 20 feet behind the facade of the principal structure;

d.

Side- or rear-entry garage;

e.

Covered porch entry (covered front porch);

f.

Transoms and sidelights;

g.

Off-sets on building face or roof (minimum two feet);

h.

A roof with a pitch greater than 8:12 and a minimum overhang of 12 inches on all sides;

i.

Columns, pillars, or posts on facade;

j.

Shutters and other window decorations;

k.

Arched or Palladian windows;

l.

Hip and gable roof lines.

8.

All single-family detached dwellings shall have a minimum two-car attached garage which is enclosed on all sides, and be architecturally consistent with the primary structure.

9.

At least 40 percent of houses within all major subdivisions in the Panhandle Area Overlay District shall have side- or rear-entry garages.

10.

All single family detached dwellings shall have a front porch that is a minimum of six feet deep and 48 square feet in area.

11.

Chain-link fencing shall not be visible from any right-of-way.

12.

Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the primary structure.

D.

Sign Standards. The sign standards established within Article 8, Sign Standards (SS), of the Zoning Ordinance shall be applied to all properties within the Panhandle Area Overlay District, along with the following additional requirements:

1.

Subdivision entrance signs shall be constructed of brick, stone and/or metal.

2.

Each sign face for subdivision entrance signs shall not exceed 24 square feet in area.

E.

Landscaping Standards. The landscaping standards established in Article 6.34, Landscaping Standards (LA) and the Tree Protection Ordinance shall apply to all residential properties within the Panhandle Area Overlay District, along with the following additional requirements:

1.

All areas surrounding subdivision entrance signs must be landscaped.

2.

Where a subdivision borders a public right-of-way, a landscaped greenbelt buffer of a minimum of 50 feet in width shall be provided along the right-of-way to provide screening. Screening may be provided utilizing a decorative fence and/or landscaped berm. This greenbelt shall be provided in addition to yard setback required by the Zoning Ordinance.

3.

A landscaped strip of a minimum of 25 feet in width shall be required along all boundaries of subdivisions which do not border a public-right-of-way. This landscaped strip shall be provided in addition to yard setbacks required by the Zoning Ordinance.

4.

Landscaped strips and greenbelts may consist of ground cover, shrubs, trees, and/or decorative fencing or walls. Areas of exposed earth shall not be allowed.

5.

All landscape materials required by this shall be maintained by the property owner or property owner's association. Such maintenance shall keep landscape materials healthy, neat and orderly in appearance and free of litter and debris. Landscape materials that die or that, in the opinion of the County Arborist or his/her designee, are diseased shall be replaced by the property owner or property owner's association within the earliest planting season.

(Ord. No. 2018-130, § 15, 12-18-18)

A.

Prohibited uses. Non-residential land uses within the Panhandle Area Overlay District should be limited to uses which are intended to serve the surrounding neighborhoods and are suitable to the rural character of the area. The following non-residential land uses shall be prohibited within the Panhandle Area Overlay District:

1.

Automobile engine, body repair, and undercoating shops;

2.

Automobile rental and leasing facilities;

3.

Automobile sales/brokers;

4.

Bus terminals;

5.

Hotels and motels;

6.

Indoor recreation, game rooms, bowling alleys, pool rooms, electronic gaming machines, fitness centers, gyms, etc.;

7.

Manufacturing businesses;

8.

Parking lots;

9.

RV, travel trailer, motor coach, campground;

10.

Restaurants with drive through facilities;

11.

Retail warehouses/wholesale;

12.

Mini-warehouses/storage for lease to the public;

13.

Sawmills;

14.

Truck and trailer sales;

15.

Wholesale business, warehouse, trucking terminal, and similar non-processing storage and distribution uses;

16.

All uses which are only permitted in the Heavy Industrial District (HI).

B.

Architectural and appearance. The Architecture and Appearance Standards for Commercial and Industrial Buildings and Structures (AC) in Article 6.8 of the Zoning Ordinance shall apply to the Panhandle Area Overlay District with the addition of the following standards:

1.

Building materials for all exterior facades shall consist of brick, stone, stucco, wood siding, fiber cement siding, and/or similar material approved by the Zoning Administrator.

2.

A minimum of 40 percent of each facade of any primary structure shall be constructed of brick, stone or stucco.

3.

Vinyl products shall only be used for soffits, eaves and fascia of residential structures.

4.

All buildings shall have pitched roofs. The roof pitch shall be a minimum of 6:12 over the primary structure.

5.

Roofing materials shall consist of architectural-style shingles, cedar shake, slate, or metal standing seam.

6.

Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the primary structure.

7.

Building design shall reflect a residential character and shall utilize at least three of the following architectural design features:

a.

Dormers.

b.

Bay or bow windows.

c.

Covered porch entry (covered front porch).

d.

Transoms and sidelights.

c.

Off-sets on building face or roof (minimum two feet).

f.

Columns, pillars, or posts on facade.

g.

Shutters and other window decorations.

h.

Arched or Palladian windows.

i.

Hip and gable roof lines.

8.

Chain-link fencing shall not be visible from any right-of-way.

C.

Sign Standards. The sign standards established within Article 8, Sign Standards (SS), of the Zoning Ordinance shall be applied to all non-residential properties within the Panhandle Area Overlay District, along with the following additional requirements:

1.

Ground signs shall not exceed a maximum height of six feet. No single sign face shall exceed 24 square feet in area.

2.

Ground signs shall be monument-based. Pole signs are prohibited.

3.

Entrance signs for planned commercial centers containing multiple lots shall not exceed a maximum height of six feet. Maximum area of each sign shall not exceed 60 square feet in area.

4.

Two entrance signs shall be permitted per planned commercial center containing multiple lots. Entrance signs shall be single-sided, unless only one entrance sign is erected, in which case it may be double-sided.

5.

Signs shall reflect and complement the building materials, colors, and other design details of the principal structure on the lot upon which the sign is installed.

6.

A maximum of four wall signs shall be permitted per lot. No one wall sign shall exceed 32 square feet in area. Total area of all wall signs shall not exceed ten percent of the front facade building area or 100 square feet.

D.

Landscaping Standards. The landscaping standards established in Article 6.34, Landscaping Standards (LA) and the Tree Protection Ordinance shall apply to all non-residential properties within the Panhandle Area Overlay District, along with the following additional requirements:

1.

A landscaped strip a minimum of 10 feet in width shall be provided along all side and rear property lines.

2.

A landscaped strip a minimum of 15 feet in width shall be required along the front property line.

3.

Landscaped strips along public rights-of-way shall be continuous except at points of ingress or egress onto the property.

4.

Landscaped strips may consist of ground cover, shrubs, trees, and hardscape elements such as planters and benches, or any combination thereof. Areas of exposed earth shall not be allowed.

5.

All landscaped strips shall be maintained by the property owner. Any tree, shrub or ground cover which dies shall be replaced within the earliest planting season.

E.

Parking Standards. Off-street parking shall be required as in Article 6.32. Parking Standards (PK), of the Zoning Ordinance, except as provided below:

1.

No more than 50 percent of the required number of parking spaces shall be located in the front yard.

2.

Where a parking lot is adjacent to a street or public right-of-way, the parking lot shall be screened from the right-of-way by a minimum 3-feet high and 3-feet wide, dense evergreen hedge or by a brick, stone or textured concrete masonry unit wall not less than 3 feet in height.

F.

Loading Standards. Off-street loading shall be required as in Article 6.33. Loading Standards (LD), of the Zoning Ordinance, except as provided below:

1.

Off-street loading shall be limited to the area between the rear of the principal structure and the rear lot setback line, or between the side of the principal building and the side lot setback line.

2.

Where a loading area is visible from a street or public right-of-way, the loading area shall be screened from the right-of-way by a minimum 5-feet high and 5-feet wide, dense evergreen hedge or by a brick, stone or textured concrete masonry unit wall not less than 5 feet in height.

Applications for land disturbance permits, site development plan review, plat approval, sign permits, and building permits for properties within the designated Overlay District shall meet all of the requirements of the base zoning district in which the parcel is located and all provisions of the designated Overlay District unless such application meets one of the following exceptions:

A.

Alterations to existing single-family dwellings located within a subdivision of record zoned AG, ER, RS-180, RS-110, RG-75, PUD with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District, provided that such alterations are limited to the following actions:

1.

Additions of heated floor area less than 50 percent of the existing floor area.

2.

Construction of an accessory structure or garage not to exceed 750 square feet in floor area.

3.

Improvements to outdoor space, such as swimming pools, courts for basketball, tennis or handball, gazebos, trellises, patios, decks, balconies, and similar non-occupied structures; or interior renovations.

B.

Construction of a single-family dwelling on an existing lot of record zoned AG, ER, RS-180, RS-110, RG-75, or PUD within a single-family residential subdivision with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District Ordinance provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

C.

Replacement, reconstruction, restoration, or repair of a single-family dwelling that is destroyed or damaged by fire or other natural occurrence shall not be subject to the provisions of this Overlay, provided that such dwelling is located on an existing lot of record zoned for a residential use within a single-family residential subdivision with a final plat approved prior to enactment of this section, and provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

D.

Construction, rehabilitation, restoration and repair of a non-residential structure existing prior to the enactment of this section shall not be subject to those provisions of the Overlay until such time as the cumulative effect of all permits on a single parcel result in an increase in the total floor area of the existing structure by 20 percent or 5,000 square feet, whichever is less.

The Zoning Administrator shall have the authority to require the applicant to establish a surety, performance guarantee, or post performance bonds in a form acceptable to Clayton County in order to guarantee timely installation of required project improvements such as, but not limited to, streets, utilities, drainage, sidewalks, landscaping, amenity/recreation areas, and multi-use trails within the subject development that are consistent with the Preliminary Plat, Site Development Plan, and/or Detailed Development Plan within the designated Overlay Design Guidelines. The surety, performance guarantee, or performance bonds shall be provided in accordance with the provision of Article 5, Surety, of the Subdivision Regulations with the following modification:

1.

If the development does not require subdivision, the Surety shall be provided at the time of the Construction Drawing request and before the Grading and Soil Erosion & Sedimentation Control Permits are released.

Appeals of final decisions of the Zoning Administrator by aggrieved persons shall be in accordance with Article 13.22, Administrative Appeal Process (AA) of this Zoning Ordinance. Furthermore, appeals of this ordinance may be requested to be heard by the Zoning Board of Appeals in accordance with Article 13.21, Variance Process (VA).

The purpose of the Highway 54 Overlay District is to implement the policies of the Board of Commissioners as adopted in the Clayton County Comprehensive Plan.

The intent of this Overlay District is:

1.

To preserve, protect and enhance the existing character of the Highway 54 Corridor;

2.

To encourage appropriate development and redevelopment of vacant and underutilized properties;

3.

To set high standards for architecture, landscaping, signage and overall design of new developments within the Overlay District;

4.

To establish consistent and rational design standards for development within the Overlay District in order to enhance the visual appeal of the Highway 54 Corridor;

5.

To protect and enhance the value of properties in the Overlay District by ensuring that surrounding properties are developed harmoniously and consistently; and

6.

To protect established residential areas from encroachment of uses which are either incompatible or unduly cause adverse impacts on such communities, and to protect the health, safety and welfare of the citizens of Clayton County.

A.

Overlay Districts are supplemental to the underlying zoning district classifications established in the Clayton County Zoning Ordinance that governs all properties within Clayton County. Within areas mapped as Overlay Districts in this Article, these Overlay District regulations shall be overlaid upon, and shall be imposed in addition to, stated underlying zoning regulations which shall still apply except where inconsistent with the regulations of the Overlay District.

B.

The standards and requirements of the Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base zoning district or other provisions of the Zoning Ordinance, including but not limited to the Subdivision Regulations.

C.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

D.

The provisions of each designated Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments. Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

E.

The same uses are permitted in the Overlay District as in the underlying zoning district and any use that is prohibited or subject to conditional use approval in the underlying zoning district is similarly prohibited or subject to conditional use approval in the Overlay, unless otherwise specified herein.

F.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

A.

Boundary Map: The boundaries of the Overlay are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in Article 5, Zoning Map, of this ordinance and made part of this Overlay District. Copies of the map are available for inspection during normal business hours in the Department of Community Development.

B.

Map Amendment: No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

A.

Procedures for Zoning Amendment Process. Zoning Amendment application procedures for property located within the Overlay District shall be as provided in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

B.

Procedures for Planned Unit Development. Planned Unit Development application procedures for property located within the Overlay District shall be as provided in Article 7, Planned Unit Development (PUD), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

3.

Traffic Impact Study. A traffic impact study shall be submitted at the time for submittal of the Detailed Development Plan for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

C.

Procedures for Review and Approval of Land Development Requiring Subdivision. Land development within the Overlay District that requires subdivision shall be as provided in the Subdivision Ordinance of Clayton County, with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

4.

Sinage Master Plan. For all multi-tenant or multi-owner developments other than single-family residential subdivisions, a signage master plan shall be submitted at the time of review of the preliminary plat. The signage master plan shall contain the following information on a copy of the preliminary plat:

a.

Provide a computation for each proposed sign and/or existing sign to remain, except for window signs and temporary signs, indicate the proposed number of signs and the total sign area of such signs, the proposed location, type, height, and sign area of each sign.

b.

Provide a computation of the maximum permitted number of signs, maximum permitted total sign area, and maximum permitted area for individual signs permitted under Article 8, Sign Standards (SS), of this Ordinance.

D.

Procedures for Review and Approval of Land Development not requiring a Subdivision. Land development within the Overlay District that does not require subdivision shall be as provided in Article 11, Site Development Plans, with the following modifications. However, single-family lots of record are exempt from these requirements, pursuant to Article 4.57.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.18 of this Ordinance.

4.

Sinage Master Plan. For all multi-tenant or multi-owner developments other than single-family residential subdivisions, a signage master plan shall be submitted at the time of review of the preliminary plat. The signage master plan shall contain the following information on a copy of the preliminary plat:

a.

Provide a computation for each proposed sign and/or existing sign to remain, except for window signs and temporary signs, indicate the proposed number of signs and the total sign area of such signs, the proposed location, type, height, and sign area of each sign.

b.

Provide a computation of the maximum permitted number of signs, maximum permitted total sign area, and maximum permitted area for individual signs permitted under Article 8, Sign Standards (SS), of this Ordinance.

The following uses shall be permitted within the Highway 54 Overlay District:

1.

Banks and loan associations;

2.

Bookstores;

3.

Clothing and apparel store;

4.

Convenience stores;

5.

Coin laundry, dry-cleaning, and pick-up stations dealing directly with the customer;

6.

Small box variety discount stores;

7.

Drug stores;

8.

Dwelling, single-family;

9.

Florist and gift shops;

10.

Fruit markets;

11.

Grocery Stores;

12.

Group day care home;

13.

Hardware Store;

14.

Jewelry Store;

15.

Museums and art galleries;

16.

Photographic studio;

17.

Police, Fire, Rescue;

18.

Post office;

19.

Professional offices;

20.

Public wellfield/pump house;

21.

Repair shops (watches, radio, television, shoe, etc.);

22.

Restaurants (dine-in only);

23.

Utility substation;

24.

Water tower;

25.

Any accessory building and uses customarily incidental to the above permitted uses.

(Ord. No. 2021-55, § 7, 3-16-21)

A.

Architectural Standards. Architectural design of all buildings and structures, excluding those utilized for residential land uses, shall adhere to the following standards:

1.

All building facades facing public streets and all non-residential primary structures shall have facades constructed of brick, granite, stone, marble, terrazzo, architecturally treated reinforced concrete slabs, either fluted or with exposed aggregate, insulated window wall panels or stainless steel, porcelain-treated steel, anodized or other permanently finished aluminum.

2.

No more than 50 percent of each facade of any primary structure shall be constructed of metal panels with a baked-on enamel or acrylic finish (which must be expected to retain its appearance without substantial maintenance for a period of ten years), stucco, dryvit, concrete block with either sculptured treatment or stack bond with sculptured treatment, or split-faced decorative block.

3.

Walls visible from roadways or parking areas shall incorporate changes in building material, varying wall offsets and/or other architectural features every 100 linear feet.

4.

Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

5.

All roof-top equipment shall be screened from public view by parapets, dormers or other screens. The average height of parapets shall not exceed 15 percent of the height of the supporting wall, and shall not at any point exceed a height equal to 30 percent of the supporting wall.

6.

The maximum height of primary structures shall be 40 feet with no more than two floors. The maximum structure height for accessory structures shall be 25 feet.

7.

Sloped roofs shall feature a roof plane change, gable, or dormer for every 100 linear feet.

8.

The roof pitch for sloped roofs shall be a minimum of 4:12 over the primary structure.

9.

Chain link fencing shall not be visible from any public street.

10.

Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited on the exterior and interior of the structure, except on the structure's rear.

11.

Vending machines, paper stands, and other similar devices must be located within a building.

12.

Outdoor storage of propane tanks shall be permitted. Propane tank storage shall be screened from view from any public right-of-way.

B.

Sign standards. The sign standards established within Article 8, Sign Standards (SS), of the Zoning Ordinance shall be applied to all non-residential properties within the Highway 54 Corridor Overlay District, along with the following additional requirements:

1.

Ground signs shall not exceed 8 feet in height.

2.

Signs shall reflect and complement the building materials, colors, and other design details of the principal structure on the lot upon which the sign is installed.

C.

Landscaping standards. The landscaping standards established in Article 6.34, Landscaping Standards (LA), shall apply to all non-residential properties within the Highway 54 Corridor Overlay District, along with the following additional requirements:

1.

A landscaped strip a minimum of 10 feet in width shall be provided along all side and rear property lines.

2.

A landscaped strip a minimum of 15 feet in width shall be required along the front property line.

3.

Landscaped strips along public rights-of-way shall be continuous except at points of ingress or egress onto the property.

4.

Landscaped strips may consist of ground cover, shrubs, trees, and hardscape elements such as planters and benches, or any combination thereof. Areas of exposed earth shall not be allowed.

5.

All landscaped strips shall be maintained by the property owner. Any tree, shrub or ground cover which dies shall be replaced within the earliest planting season.

D.

Sidewalks. Public sidewalks within the public right-of-way shall be provided adjacent to all development sites within the Highway 54 Overlay District, and shall meet the following requirements:

1.

All sidewalks shall have a minimum width of 5 feet along all roads in residentially zoned or used areas and 6 feet in all commercial, industrial, and mixed use development areas as defined within the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines.

2.

All sidewalks shall be properly flared to match any existing connecting sidewalks.

3.

On-site sidewalks shall connect the street to the main entrance of the principal structure on the site. If an on-site sidewalk crosses a parking lot, drive aisle, or driveway, the crossing shall be clearly marked or identifiable through the use of striping or speed bumps.

E.

Parking Standards. Off-street parking shall be required as in Article 6.32. Parking Standards (PK), of the Zoning Ordinance, except as provided below:

1.

No more than 25 percent of the required number of parking spaces shall be located in the front yard.

2.

Where a parking lot is adjacent to a street or public right-of-way, the parking lot shall be screened from the right-of-way by a minimum 3-feet in height and 3-feet in width, dense evergreen hedge or by a brick, stone or textured concrete masonry unit wall not less than 3 feet in height.

3.

The Zoning Administrator may approve a reduction of up to 25 percent in the number of parking spaces required for a specific use where inter-parcel access is provided and a shared parking analysis, which is approved by the Zoning Administrator, demonstrates that adequate parking will be provided. The process for determining the minimum parking requirements for a mixed-use development or for contiguous properties containing multiple uses is:

a.

Determine the minimum number of parking spaces required for each use category from Article 6.32, Parking Standards (PK) of the Zoning Ordinance.

b.

Multiply each parking requirement by the corresponding percentage for each of the time periods shown on the table below.

c.

Total the number of parking spaces for each of the time periods (add together the numbers in each column).

d.

The largest column total is the minimum shared parking requirement for the development or collectively for the contiguous properties.

e.

In no case shall parking spaces that are farther than 1,000 feet from a building entrance be allowed to satisfy off-street parking requirements for a use or be counted towards shared parking requirements.

Shared parking space requirements

4.

Loading Standards. Off-street loading shall be required as in Article 6.33, Loading Standards (LD), of the Zoning Ordinance, except as provided below:

a.

Off-street loading shall be limited to the area between the rear of the principal structure and the rear lot setback line, or between the side of the principal building and the side lot setback line.

b.

Where a loading area is visible from a street or public right-of-way, the loading area shall be screened from the right-of-way by a minimum 5-feet in height and 5-feet in width, dense evergreen hedge or by a brick, stone or textured concrete masonry unit wall not less than 5 feet in height.

G.

Outdoor Lighting Standards. All outdoor lighting shall adhere to the standards set forth within Article 6.36, Outdoor Lighting Standards (OL).

A.

Prohibited uses. The following residential land uses shall be prohibited within the Highway 54 Overlay District:

1.

Residential townhomes, except within a Planned Unit Development (PUD), and

2.

Residential condominiums.

B.

Architectural Standards. Architectural design of all buildings and structures utilized for residential uses shall adhere to the following standards:

1.

Building materials for all exterior facades of residential buildings shall consist of brick, stone, or stucco as approved by the Zoning Administrator.

2.

Vinyl products shall only be used for soffits, eaves, and fascia of residential structures.

3.

Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

4.

Sloped roofs shall feature a roof plane change, gable, or dormer for every 100 linear feet.

5.

The roof pitch for sloped roofs shall be a minimum of 4:12 over the primary structure.

C.

Minimum Lot Size. No lot shall be smaller than 10,890 square feet.

D.

Sign standards. The sign standards established within Article 8, Sign Standards (SS), of the Zoning Ordinance shall be applied to all residential properties within the Highway 54 Overlay District, along with the following additional requirements:

1.

Subdivision entrance signs shall be constructed of brick, stone and/or metal.

E.

Landscaping standards. The landscaping standards established in Article 6.34, Landscaping Standards (LA), shall apply to all residential properties within the Highway 54 Overlay District, along with the following additional requirements:

1.

Where a subdivision, condominium, cluster housing or multiple family residential development borders a public right-of-way, a landscaped greenbelt buffer a minimum of 30 feet in width shall be provided along the right-of-way to provide screening. Screening may be provided utilizing a decorative wall and/or landscaped berm. This greenbelt shall be provided in addition to yard setbacks required by the Zoning Ordinance.

2.

A landscaped strip a minimum of 25 feet in width shall be required along all boundaries of subdivisions or multiple family residential developments which do not border a public right-of-way. This landscape strip shall be provided in addition to yard setbacks required by the Zoning Ordinance.

3.

Landscaped strips and greenbelts may consist of ground cover, shrubs, trees, and/or decorative fencing or walls. Areas of exposed earth shall not be allowed.

4.

All landscaped strips and greenbelts shall be maintained by the property owner. Any tree, shrub or ground cover which dies shall be replaced within the earliest planting season.

F.

Sidewalk and Connectivity Standards. Sidewalks shall be provided on all roads and shall conform with the Sidewalk Standards set forth in Article 6.9 of the Subdivision Ordinance.

1.

All developments and public spaces shall be linked with each other and with existing and future developments through the required sidewalk system or use of pedestrian pathways as identified in Article 6.14 of the Subdivision Ordinance.

G.

Parking Standards. Off-street parking shall be required as in Article 6.32, Parking Standards (PK), of the Zoning Ordinance.

H.

Outdoor Lighting Standards. All outdoor lighting shall adhere to the standards set forth within Article 6.36, Outdoor Lighting Standards (OL).

Applications for land disturbance permits, site development plan review, plat approval, sign permits, and building permits for properties within the designated Overlay District shall meet all of the requirements of the base zoning district in which the parcel is located and all provisions of the designated Overlay District unless such application meets one of the following exceptions:

A.

Alterations to existing single-family dwellings located within a subdivision of record zoned AG, ER, RS-180, RS-110, RG-75, or PUD with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District, provided that such alterations are limited to the following actions:

1.

Additions of heated floor area less than 50 percent of the existing floor area.

2.

Construction of an accessory structure or garage not to exceed 750 square feet in floor area.

3.

Improvements to outdoor space, such as swimming pools, courts for basketball, tennis or handball, gazebos, trellises, patios, decks, balconies, and similar non-occupied structures; or interior renovations.

B.

Construction of a single-family dwelling on an existing lot of record zoned AG, ER, RS-180, RS-110, RG-75, PUD within a single-family residential subdivision with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District Ordinance provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

C.

Replacement, reconstruction, restoration, or repair of a single-family dwelling that is destroyed or damaged by fire or other natural occurrence shall not be subject to the provisions of this Overlay, provided that such dwelling is located on an existing lot of record zoned for a residential use within a single-family residential subdivision with a final plat approved prior to enactment of this section, and provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

D.

Construction, rehabilitation, restoration and repair of a non-residential structure existing prior to the enactment of this section shall not be subject to those provisions of the Overlay until such time as the cumulative effect of all permits on a single parcel result in an increase in the total floor area of the existing structure by 20 percent or 5,000 square feet, whichever is less.

The Zoning Administrator shall have the authority to require the applicant to establish a surety, performance guarantee, or post performance bonds in a form acceptable to Clayton County in order to guarantee timely installation of required project improvements such as, but not limited to, streets, utilities, drainage, sidewalks, landscaping, amenity/recreation areas, and multi-use trails within the subject development that are consistent with the Preliminary Plat, Site Development Plan, and/or Detailed Development Plan within the designated Overlay Design Guidelines. This surety, performance guarantee, or performance bonds shall be provided in accordance with the provision of Article 5, Surety, of the Subdivision Regulations with the following modification:

1.

If the development does not require subdivision, the Surety shall be provided at the time of the Construction Drawing request and before the Grading and Soil Erosion & Sedimentation Control Permits are released.

Appeals of final decisions of the Zoning Administrator by aggrieved persons shall be in accordance with Article 13.22, Administrative Appeal Process (AA) of this Zoning Ordinance. Furthermore, appeals of this ordinance may be requested to be heard by the Zoning Board of Appeals in accordance with Article 13.21, Variance Process (VA).

The purpose of the East-West Corridor Overlay District Overlay District is to implement the policies of the Board of Commissioners as adopted in the Clayton County Comprehensive Plan with respect to land adjacent to Highway 138, Walt Stephens Road, Jodeco Road and Noah's Ark Road.

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2017-41, § 6, 5-30-17)

The intent of these designated Overlay Districts is:

1.

To enhance the quality and compatibility of development in the Overlay;

2.

To encourage appropriate redevelopment of vacant and underutilized properties;

3.

To create developments that are aesthetically pleasing, architecturally distinct and environmentally sustainable;

4.

To encourage a balance of uses for living, working, shopping and recreating that are accessible within a convenient distance from each other;

5.

To promote safe and efficient movement for all persons using various modes of travel within the Overlay Districts including motorized vehicles, bicycles, walking and public transit;

6.

To encourage innovative development projects that set high standards for landscaping, open space, community design and public amenities;

7.

To establish consistent and relational design standards for public improvements and private property development within the Overlay in order to create a distinctive visual quality for the designated Overlay Districts;

8.

To protect and enhance the value of properties in the Overlay, by ensuring that surrounding properties are developed harmoniously and consistently; and

9.

To promote tourism within the Overlay by creating distinct and aesthetically pleasing traffic corridors.

(Ord. No. 2010-113, § 5, 5-11-10)

A.

Overlay Districts are supplemental to the underlying zoning district classifications established in the Clayton County Zoning Ordinance that governs all properties within Clayton County. Within areas mapped as Overlay Districts in this Article, these Overlay District regulations shall be overlaid upon, and shall be imposed in addition to, stated underlying zoning regulations which shall still apply except where inconsistent with the regulations of the Overlay District.

B.

The standards and requirements of the Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base zoning district or other provisions of the Zoning Ordinance, including but not limited to the Subdivision Regulations.

C.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

D.

The provisions of each designated Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments, Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

E.

The same uses are permitted in the Overlay District as in the underlying zoning district, and any use that is prohibited or subject to conditional use approval in the underlying zoning district is similarly prohibited or subject to conditional use approval in the Overlay, unless otherwise specified herein.

F.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

(Ord. No. 2010-113, § 5, 5-11-10)

A.

Boundary Map: The boundaries of the East-West Corridor Overlay District are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in Article 5, Zoning Map, of this ordinance and made part of this Overlay District. Copies of the map of the following Overlay areas are available for inspection during normal business hours in the Department of Community Development:

B.

Map Amendment: No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2017-41, § 6, 5-30-17)

A.

Procedures for Zoning Amendment Process. Zoning Amendment application procedures for property located within the Overlay District shall be as provided in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.71 of this Ordinance.

B.

Procedures for Planned Unit Development. Planned Unit Development application procedures for property located within the Overlay District shall be as provided in Article 7, Planned Unit Development (PUD), of the Zoning Ordinance with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.71 of this Ordinance.

3.

Traffic Impact Study. A traffic impact study shall be submitted at the time for submittal of the Detailed Development Plan for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

C.

Procedures for Review and Approval of Land Development Requiring Subdivision. Land development within the Overlay District that requires subdivision shall be as provided in the Subdivision Ordinance of Clayton County, with the following modifications.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.71 of this Ordinance.

D.

Procedures for Review and Approval of Land Development Not Requiring a Subdivision. Land development within the Overlay District that does not require subdivision shall be as provided in Article 11, Site Development Plans, with the following modifications. However, single family lots of record are exempt from these requirements, pursuant to Article 4.78.

1.

Multi-Modal Access Plan. An access plan shall be submitted showing connections from the system of streets, alleys, sidewalks and multi-use paths shown in the conceptual transportation plan to the entrances of all occupied buildings within the subject property. Convenient pedestrian ways shall be shown from sidewalks along streets to each building entrance, including designated pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within 1,000 feet (straight line distance measured from the entrance of the station or stop) from any boundary of the subject property, the access plan shall show how pedestrians may travel safely and conveniently from such station or stop to the entrance of buildings on the subject property. Where an existing or planned multi-use path is located within 1,320 feet (straight line distance) from any boundary of the subject property, the access plan shall show how safe, continuous and convenient bicycle and pedestrian access may be provided to the subject property.

2.

Traffic Impact Study. A traffic impact study shall be submitted for residential developments with more than 120 dwelling units and for any non-residential developments deemed likely by the Department of Transportation and Development to generate 100 or more p.m. peak hour trips. The traffic impact study shall follow procedures established by the most recent edition of the ITE Transportation Impact Analysis for Site Development.

3.

Shared Parking Analysis. A shared parking analysis for use of shared parking shall be submitted, if applicable. Shared parking shall meet the requirements of the Overlay design standards listed in Article 4.71 of this Ordinance.

(Ord. No. 2010-113, § 5, 5-11-10)

Public rights-of-way within the Overlay District shall be improved in accordance with the following standards:

A.

Street Standards. Street standards shall be designed in accordance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines.

B.

Multi-Use Paths.

1.

As identified within the East-West Corridor Design Guidelines, multi-use paths located to the east of the City of Jonesboro limits shall be constructed to the following standards.

a.

No motorized vehicles, except golf carts.

b.

Maximum grade of 6 percent.

c.

Dedicate a twenty (20)-feet wide easement.

d.

Construct a twelve (12) feet wide path of brushed concrete with two (2) feet of aggregate on both sides. This would create a sixteen (16) feet wide pathway for access.

e.

Shoulder width variable, based on topography.

f.

Install a five (5)-feet wide flare at street intersections, with ramp to street and removable bollards spaced six (6) feet apart to block motorized traffic, except golf carts. The Sight Visibility Standards (SV) of Article 6.27 must be maintained.

g.

Multi-use paths shall be located outside all required buffers, except that a required buffer may contain one or more crossings of a multi-use path provided that such crossing:

i.

Is part of an approved multi-modal access plan required in Article 4.64 of this Ordinance.

ii.

Is approximately perpendicular to the required buffer.

iii.

Is designed to have the least disruption to the intended screening provided by the required buffer.

2.

As identified within the East-West Corridor Design Guidelines, multi-use paths located to the west of the City of Jonesboro limits shall be constructed to the following standards.

a.

No motorized vehicles.

b.

Maximum grade of 6 percent.

c.

Dedicate a twelve (12)-feet wide easement.

d.

Construct a ten (10) feet wide path of brushed concrete.

e.

Shoulder width variable, based on topography.

f.

Install a five (5)-feet wide flare at street intersections, with ramp to street and removable bollards spaced six (6) feet apart to block motorized traffic. The Sight Visibility Standards (SV) of Article 6.27 must be maintained.

g.

Multi-use paths shall be located outside all required buffers, except that a required buffer may contain one or more crossings of a multi-use path provided that such crossing:

i.

Is part of an approved multi-modal access plan required in Article 4.64 of this Ordinance.

ii.

Is approximately perpendicular to the required buffer.

iii.

Is designed to have the least disruption to the intended screening provided by the required buffer.

3.

Multi-use paths shall be required in order to facilitate pedestrian and golf cart access from residential and non-residential developments to schools, parks, playgrounds and other County amenities via the multi-use path system. If, at the time of approval, there are no completed multi-use paths to which the multi-use paths of the proposed developer can be linked, the developer may, at its option, and only with the approval of the Zoning Administrator, in lieu of installing the multi-use paths, dedicate the easements and deposit a cash payment with the Board of Commissioners equal to the cost of installing the multi-use paths. This cost shall be determined by the County engineer. Such deposit shall be placed in a multi-use path construction fund to be established by the Board of Commissioners. When the multi-use system is extended to the boundary of the development, the Board of Commissioners will use the deposit to construct the multi-use paths in the development.

C.

Sidewalks.

1.

All sidewalks located east of the City of Jonesboro limits shall be located within the Sidewalk Clear Zone and have a minimum width of ten (10) feet along all roadways as defined within the East-West Corridor Design Guidelines.

2.

All sidewalks located west of the City of Jonesboro limits shall be located within the Sidewalk Clear Zone and have a minimum width of six (6) feet along all roadways as defined within the East-West Corridor Design Guidelines.

3.

Continuous sidewalks having a minimum width of five (5) feet wide must be provided to connect building entrances to required sidewalks along street frontage.

D.

Planting Strip/Street Furniture Zones.

1.

Planting Strip/Street Furniture Zones shall be located adjacent to the travel lanes as identified within the East-West Corridor Design Guidelines. Landscape strips along any collector and arterial roadways shall be a minimum of 10-feet wide.

2.

Street trees shall have a minimum 2.5-inch caliper and 6 feet in height at the time of planting and all other landscaping be warranted by the developer for a period of 2 years.

3.

Street trees shall be spaced an average of 30 feet apart and shrubs may be grouped in a manner approved by the Arborist and/ or designee.

4.

Spacing of street trees and streetlight standards may be adjusted to account for driveways, utility poles, fire hydrants and other obstructions and to provide adequate visual clearance for intersections, driveways and traffic control devices.

5.

No street tree or streetlight shall be placed within 10 feet of another tree, streetlight, or utility pole; nor can it be placed within 5 feet of a fire hydrant.

6.

Appropriate street tree species are identified within the East-West Corridor Design Guidelines.

7.

No more than 25 percent of the total number of the trees installed may be of any one genus.

E.

Landscaping.

1.

Medians and landscaped strips shall be planted with grass and a variety of low, hardy shrubbery and flowering plants, and/or flowering trees with mulched beds that are native and drought tolerant, as identified within the East-West Corridor Design Guidelines. Areas of exposed earth shall not be allowed.

2.

All trees shall have a minimum 2.5-inch caliper and 6 feet in height at the time of planting and all landscaping shall be warranted by the developer for a period of 2 years.

3.

No tree or streetlight shall be placed within 10 feet of another tree, streetlight, or utility pole; nor can it be placed within 5 feet of a fire hydrant.

4.

No more than 25 percent of the total number of the trees installed may be of any one genus.

5.

Maintenance. All landscape materials required by this article or other article of the Zoning Ordinance shall be maintained by the property owner or Property Owners' Association. Such maintenance shall keep landscape materials healthy, neat and orderly in appearance, and free of litter and debris. Landscape materials that die or that, in the opinion of the County Arborist or his/her designee, are diseased shall be replaced by the property owner or Property Owners' Association.

F.

Buffer Yard.

1.

Where a lot on the external boundary of the East-West Corridor Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any residential zoning classification and/or residential use, a buffer yard not less than 50 feet in width shall be provided and maintained in a natural state or so as to maintain an effective visual screen.

2.

Where a lot on the external boundary of East-West Corridor Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any non-residential zoning classification and/or non-residential use, a buffer yard shall be planted as identified within Article 6.35, Buffer Yard Standards (BY).

3.

Said buffer yard shall not be paved and shall not be used for parking, loading, storage, or any other use, expect where necessary to grade or modify a portion of the yard buffer for the installation of utilities necessitated by the development. Water detention ponds shall not be located within buffer yard. No trees, other than dead or diseased trees, shall be removed from said buffer yard, but additional trees and plant material may be added to the buffer yard.

G.

Street and Pedestrian Lighting.

1.

Streetlights and pedestrian lighting of a decorative design, consistent with the East-West Corridor Design Guidelines shall be provided for all automobiles, pedestrians, and bicyclists along all public streets and along all multi-use trails.

H.

Underground Utilities.

1.

For all new construction and redevelopment, utilities along public streets must be placed underground.

2.

All utilities except for major electric transmission lines and substations are required to be placed underground within a development except where the Board of Zoning Appeals determines that underground utilities are not feasible due to pre-existing physical conditions, such as conflicting underground structures or utilities, shallow rock, high water table, or other similar geologic or hydrologic conditions. A variance may be requested to be heard by the Zoning Board of Appeals in accordance with Article 13.21, Variance Process (VA).

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2010-146, § 1, 7-13-10; Ord. No. 2017-41, § 6, 5-30-17)

A.

Property Development Standards. Property within the Overlay shall be developed in accordance with the following standards:

1.

Density. Maximum permitted density shall be as provided in the underlying zoning district, except as provided in paragraph 2 of this subsection.

2.

Density and Height Bonus. If all requirements within this Article are met, the developer of the property shall be entitled to additional intensity of use for uses authorized in the applicable zoning district and in accordance with the following table:

East-West Corridor

B.

To ensure transition of the height, bulk, and density of structures within the designated Overlay District and the properties adjacent to the overlay boundary, any property abutting a residential zoned district and/or residential use shall have a maximum building height no greater than 35 feet for any structure located within 40 feet of the buffer yard. This requirement shall apply to the entire structure if any part of it encroaches into the 40 feet zone.

(Ord. No. 2010-113, § 5, 5-11-10)

Access Management Standards shall be designed and constructed in accordance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines, with the following modifications.

A.

Vehicular Access Points. Minimum required points of access shall be constructed in accordance with the Table of Vehicular Access Points listed below:

Table of Vehicular Access Points

B.

Access Easements and Inter-Parcel Access. Inter-parcel access, joint driveways, cross-access drives and access easements all intended to provide shared access across adjacent properties shall be provided as follows, except where the Director of Transportation and Development determines that they are unfeasible because of topographic or other site-specific constraints:

1.

Abutting non-residential developments on collector and arterial roadways shall provide a cross-access drive and sidewalk access to allow circulation between sites.

2.

Joint driveways and cross access easements shall be established for multi-parcel, non-residential and mixed use development wherever feasible along collector and arterial roadways. The building site shall incorporate the following:

a.

Continuous cross-access drives connecting adjacent parcels along the thoroughfare.

b.

A design speed of 15 mph and a two-way travel aisle with a minimum of 20 feet to accommodate automobiles, service vehicles and loading vehicles.

c.

Driveway aprons, stub-outs and other design features to indicate that abutting properties may be connected to provide cross access via a service drive.

3.

The Director of Transportation and Development may reduce the required separation distance of access points where the minimum required distance proves impractical, provided all of the following requirements are met.

a.

Joint-access driveways and/or cross-access easements are provided in accordance with this section.

b.

The site plan incorporates a unified access and circulation system for vehicles and pedestrians in accordance with this section.

(Ord. No. 2010-113, § 5, 5-11-10)

District standards as identified within Article 3 of the underlying zoning district shall govern, subject to the following modifications.

1.

Lot width. The minimum lot width for commercial property shall be 100 feet at the right-of- way line.

2.

Reduced front setbacks. For mixed use properties in MMX, NMX and RMX Zoning Districts, the front yard setbacks may be reduced from the underlying zoning district dimensions to zero feet.

3.

Reduced side setbacks. Setbacks may vary from the underlying zoning district dimensions, provided that 15 feet exist between foundations of buildings located interior to the same lot.

(Ord. No. 2010-113, § 5, 5-11-10)

Open space requirements of the underlying zoning districts shall govern the percentage of open space required, subject to the following modifications.

A.

Categories of Open Space. Open space required in the designated Overlay District shall consist of any of the following three categories of land:

1.

Primary conservation area. This category includes streams; wetlands designated by the national wetlands inventory; 100-year floodplain, as identified on federal insurance rate maps; steep slopes exceeding 25 percent; areas of exposed rock; and private cemeteries and burial grounds. These areas shall be left in a natural and undisturbed state, except for the fewest possible perpendicular crossings of essential access roads and utility lines.

2.

Secondary conservation area. This category includes land in water supply watersheds; aquifer recharge areas identified in the Clayton County Comprehensive Plan; riparian and wetland buffers that are over 25 feet in width; significant habitat areas, as identified in the Clayton County Comprehensive Plan; areas containing archaeologically or historically significant structures or sites, as identified in the Clayton County Comprehensive Plan; and related contextual areas, soils unsuitable for septic tanks, prime agricultural soils, mature hardwood forest, meadows, farm fields, pastures and other areas with scenic views.

3.

Outdoor recreation area. This category includes greenways, trails, bikeways, paths, tennis courts, ball fields, playfields, courts, golf courses, swimming pools, clubhouses, bicycle facilities, equestrian facilities, beaches, docks, seating areas, amphitheaters, stages, band shells, community buildings, fountains, plazas, patios, decks, lawns, picnic shelters and picnic areas, landscaping and other land containing outdoor recreation structures and facilities. Lakes and ponds are allowed in outdoor recreation areas, but their surface area shall not be counted as open space.

B.

Impervious Areas. Parking lots, drives, walks, buildings and other impervious surfaces may be included in required open space, provided that they constitute no more than ten percent of the total required open space.

C.

Accessibility of Open Space. Open space shall be designed and located for the convenient access and enjoyment of all users of the property. Access to open space shall be within 1,000 feet of all occupied buildings in the development. All occupied buildings shall be connected to the open space by improved pathways or sidewalks.

D.

Contiguous Open Space. Not less than 50 percent of required open space shall be in a contiguous tract.

E.

Interconnected Open Space Network. It is the intent of this section that the protected conservation areas, open spaces, greenways, bikeways, trails, sidewalks and outdoor recreation areas within a development that provides open space be continuous with compatible areas containing similar features on abutting property. The design of developments shall provide for maximum connections, providing pedestrian and bike access to off-site and on-site attractions such as public trails, paths, parks, and wildlife refuges; public facilities such as community centers, schools, libraries, fire and police stations, senior centers, railroad right-of-way, and utility easements; and institutions such as universities, churches, museums and other cultural facilities.

F.

Ownership, Maintenance, and Control of Open Space. Common open space within a development shall be by any of the following methods, either individually or in combination, and subject to approval by the County:

1.

Fee-simple dedication. Open space or common areas within developments may be offered for dedication to Clayton County and/or the appropriate governing body. Dedication shall take the form of a fee simple ownership and be accepted by the Board of Commissioners and/or governing body. The County and/or governing body may, but shall not be required to, accept undivided open space, provided that:

a.

The size, location, type of development, cost of development or maintenance of such open space or common area or the availability of public open space would make public use desirable or necessary.

b.

Such land is deemed in the best interest of the County or Governing Body.

c.

The dedication shall incur no cost to the County or Governing Body.

d.

The developer conveys to the County or Governing Body a copy of the deed of conveyance and a title certificate and a commitment for a policy of title insurance issued by an insurance company authorized to do business in the State of Georgia, assuring unencumbered title, with permitted exceptions allowed, to be approved by the County or Governing Body's Attorney, in his sole discretion. The purpose of the required title policy is to ensure that the dedicated property may be used by the County or governing body without restriction, notwithstanding customary incumbencies, such as easements that run with the land.

2.

Property Owners Association. The open space and associated facilities may be maintained in perpetuity by a Property Owners' Association established in accordance with the laws of the State of Georgia. The association shall be formed and operated under the following additional provisions:

a.

The developer shall provide a description of the association, including its bylaws and methods for maintaining open space.

b.

The association shall be organized by the developer and shall be operated by the developer until the sale of two-thirds of the lots within the development.

c.

Membership in the association is mandatory for all purchasers of property and their successors.

d.

The association shall be ultimately responsible for perpetual maintenance of insurance and taxes on open space, which the association owns by fee simple title, enforceable pursuant to county ordinances

3.

Private conservation organization. The owner of open space may transfer easements to a private, non-profit organization among whose purposes it is to perpetually conserve open space, provided that:

a.

The organization is a conservation organization with perpetual existence.

b.

The conveyance contains appropriate provisions for proper reversion or retransfer, in the event that the organization becomes unwilling or unable to continue carrying out its functions.

c.

A perpetual maintenance agreement acceptable to the County is entered into by the developer and the organization subject to the provision of Article 6.25 of the Subdivision Regulations.

d.

Prior to dedication or conveyance of open space, the following documents shall be submitted to and approved by the County and such approval shall be obtained before any final plat is recorded or final site plan is approved. Such documents, once approved, shall become part of the recorded subdivision plat or approved site plan.

i.

Specification of the ownership of the common open space.

ii.

The articles of incorporation or other organizational documentation for the nonprofit organization.

iii.

The bylaws of the non-profit organization. The covenants or restrictions related to the use of common property, including the system and amounts of assessments for perpetuation and maintenance.

iv.

The covenants or restrictions related to the use of common property, including the system and amounts of assessments for perpetuation and maintenance.

v.

A document granting the right-of-entry upon such common property to the County law enforcement officers, rescue squad personnel and fire fighting personnel while in the pursuit of their duties, and, in the case of private streets and common driveways, permitting the enforcement of cleared emergency vehicle access.

vi.

A specification of methods of maintenance, responsibilities of maintenance, and a recommended time schedule for the maintenance of major facilities, including streets, street signs, pools, sidewalks, parking areas and buildings.

vii.

A guarantee that any association formed to own and maintain open space will not be dissolved without notice to the County.

viii.

A copy of the proposed notice that will be given to prospective buyers regarding the organization, assessments and fiscal program.

ix.

A specification of compulsory membership and compulsory assessment provisions.

G.

Liens by Clayton County. In the event that the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the County reserves the right to seek a court order allowing it to enter the property, take corrective action, and receive a judgment for the costs of corrective action as well as attorney's fees for bringing the action.

(Ord. No. 2010-113, § 5, 5-11-10)

The architectural standards shall be approved in accordance with the East-West Corridor Design Guidelines, with the following requirements.

1.

All exterior wall elevations of primary structures shall have a minimum of 75 percent brick, stone, or other similar masonry material.

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2010-146, § 2, 7-13-10; Ord. No. 2017-41, § 6, 5-30-17; Ord. No. 2018-130, § 16, 12-18-18)

Off-street parking shall be required as in Article 6.32, Parking Standards (PK), of this Zoning Ordinance, and shall be designed in accordance with the East-West Corridor Design Guidelines with the following provisions:

1.

Shared parking. The following standards shall apply for shared parking.

a.

The Zoning Administrator may approve a reduction of up to 25 percent in the number of parking spaces required for a specific use where inter-parcel access is provided and a shared parking analysis, which is approved by the Zoning Administrator, demonstrates that adequate parking will be provided.

b.

Per the table below, a shared parking calculation projection shall be provided that demonstrates that each use will have adequate parking provisions at all times. The process for determining the minimum parking requirements for a mixed use development or for contiguous properties containing multiple uses is:

i.

Determine the minimum number of parking spaces required for each use category from Article 6.32, Parking Standards (PK) of this zoning ordinance.

ii.

Multiply each parking requirement by the corresponding percentage for each of the time periods shown on the table below.

iii.

Total the number of parking spaces for each of the time periods (add together the numbers in each column).

iv.

The largest column total is the minimum shared parking requirement for the development or collectively for the contiguous properties.

v.

In no case shall parking spaces that are farther than 1,000 feet from a building entrance be allowed to satisfy off street parking requirements for a use or be counted towards shared parking requirements.

Shared Parking Space Requirements

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2017-41, § 6, 5-30-17)

Parking lot landscaping shall be planted in accordance with the East-West Corridor Design Guidelines.

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2017-41, § 6, 5-30-17)

Off-street loading shall be required as in Article 6.33, Loading Standards (LS), of this Zoning Ordinance, except as provided below.

1.

Buildings with more than 5,000 sq. ft. of commercial, retail, services or professional offices shall provide a minimum of one off-street loading space.

2.

Buildings with more than 25,000 sq. ft. of commercial, retail, services or professional offices shall provide a minimum of one off-street loading space for each 25,000 gross sq. ft. or fraction thereof.

3.

Off-street loading shall be limited to the area between the rear of the principal structure and the rear lot setback line, or between the side of the principal building and the side lot setback line.

(Ord. No. 2010-113, § 5, 5-11-10)

All permanent trash refuse areas and dumpsters shall conform to the following minimum standards:

1.

Shall be located within the rear of the primary structure except in the case of corner or through lot. In this case, the structures may be placed to the side of the primary structure, which is out of visible sight from any roadway. The Zoning Administrator may require additional landscaping and/or screening to deter any visibility.

2.

Shall be located on a cement pad.

3.

Shall be one hundred (100) percent opaquely screened on three (3) sides with building materials similar to those located upon the exterior wall elevations.

4.

Shall not be located within any required landscape areas, required buffers, required parking areas, or required loading areas.

(Ord. No. 2010-113, § 5, 5-11-10)

Gasoline pump islands may be permitted only when they can be located between the rear of the principal building and the rear lot line. Gasoline pump islands shall be constructed and screened in accordance with the East-West Corridor Design Guidelines.

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2017-41, § 6, 5-30-17)

A drive through may be permitted only when they can be constructed and screened in accordance with the East-West Corridor Design Guidelines

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2017-41, § 6, 5-30-17)

Signs shall be required as identified within Article 8, Sign Regulations (SS), of this Zoning Ordinance and within the guidelines set forth within the East-West Corridor Design Guidelines, with the following modifications:

A.

All signs and sign structures must be setback at least four (4) feet from the public right-of-way. No portion of a sign or sign structure erected on private property shall encroach on or overhang the public right-of-way or any other person's property.

B.

Roof Signs, portable signs, internally illuminated signs, electronic multiple message signs, and moving signs of any kind are prohibited upon property designated with a zoning classification of MX, and/ or properties located east of the City of Jonesboro's and west of Henry County's (west of I-75) jurisdictional boundaries.

C.

Sign Permitted within the OI, UV and GB Zoning Districts for Individual Uses:

1.

Ground Signs: One (1) double-faced sign per lot. No single sign face may exceed thirty-six (36) square feet. Total maximum area for all sign faces is seventy-two (72) square feet (e.g., two (2), thirty-six (36) square feet sign faces). Maximum height is eight (8) feet.

2.

Window Signs: Total signage not to exceed ten (10) percent of the area of windows facing road frontage.

3.

Wall or Canopy Signs: Maximum of three (3) signs per lot. Total area of all signs is not to exceed ten (10) percent of the front façade building area or two hundred (200) square feet, whichever is less.

4.

Entrance Signs: Not permitted.

5.

Menu Boards: No more than two (2) signs shall be located per parcel and no such sign shall exceed thirty (30) square feet. There may be only one (1) display face and it may not be more than eight (8) feet in height.

D.

Sign Permitted within the OI, UV and GB Zoning Districts for Planned Centers:

1.

Ground Signs: One (1) double-faced sign of up to sixty-four (64) square feet per face, for the entire planned center containing one lot. Total maximum sign face area is one hundred twenty-eight (128) square feet. Maximum height for all ground signs is ten (10) feet.

2.

Window Signs: Total signage not to exceed ten (10) percent of the area of windows facing road frontage.

3.

Wall or Canopy Signs: Maximum of two (2) signs per business. Total area of all signs is not to exceed ten (10) percent of the front façade building area for the first story or two hundred (200) square feet, whichever is less.

4.

Large Projecting Signs: A projection sign may only be installed in lieu of a ground sign. If a ground sign exists or is to be installed in the future, a projection sign is not permitted. One (1) double-faced sign of up to fifty-six (56) square feet per face, for the entire planned center containing one lot. Total maximum sign face area is one hundred (112) square feet.

5.

Entrance Signs: Two (2) per planned center, maximum area of each sign is seventy-two (72) square feet. Entrance signs may only be single-sided, unless only one (1) is erected, in which case it can be double-sided. Entrance signs only permitted at the entrance to the planned center containing multiple lots. Maximum height is ten (10) feet.

6.

Menu Boards: No more than two (2) signs shall be located per parcel and no such sign shall exceed thirty (30) square feet. There may be only one (1) display face and it may not be more than eight (8) feet in height

E.

Sign Permitted within the MMX, NMX and RMX Zoning Districts for Individual Uses and/ or Buildings:

1.

Ground Signs: One (1) double-faced sign per lot. No single sign face may exceed thirty-six (36) square feet. Total maximum area for all sign faces is seventy-two (72) square feet (e.g., two (2), thirty-six (36) square feet sign faces). Maximum height is eight (8) feet.

2.

Window Signs: Total signage not to exceed ten (10) percent of the area of windows facing road frontage.

3.

Wall, Canopy, and/ or Projection Signs: Maximum of three (3) signs per lot. Total area of all signs is not to exceed ten (10) percent of the front façade building area for the first story or two hundred (200) square feet, whichever is less.

4.

Large Projection Signs: A projection sign may only be installed in lieu of a ground sign. If a ground sign exists or is to be installed in the future, a projection sign is not permitted. One (1) double-faced sign of up to forty-two (42) square feet per face, for the entire building upon one parcel of land. Total maximum sign face area is one hundred eighty-four (84) square feet.

5.

Entrance Signs: Not permitted.

6.

Menu Boards: No more than one (1) sign shall be located per parcel and no such sign shall exceed thirty (30) square feet. There may be only one (1) display face and it may not be more than eight (8) feet in height.

F.

Combination of Residential, Office, Institutional, and/ or Commercial Uses in a Planned Center or Building:

1.

Ground Signs: One (1) double-faced sign of up to sixty-four (64) square feet per face, for the entire planned center containing one lot. Total maximum sign face area is one hundred twenty-eight (128) square feet. Maximum height for all ground signs is ten (10) feet.

2.

Window Signs: Total signage not to exceed ten (10) percent of the area of windows facing road frontage.

3.

Wall, Canopy, and/ or Projection Signs: Maximum of two (2) signs per business. Total area of all signs is not to exceed ten (10) percent of the front façade building area for the first story or two hundred (200) square feet, whichever is less.

4.

Large Projection Signs: A projection sign may only be installed in lieu of a ground sign. If a ground sign exists or is to be installed in the future, a projection sign is not permitted. One (1) double-faced sign of up to fifty-six (56) square feet per face, for the entire planned center or building upon one parcel of land. Total maximum sign face area is one hundred twelve (112) square feet.

5.

Entrance Signs: Two (2) per planned center, maximum area of each sign is seventy-two (72) square feet. Entrance signs may only be single-sided, unless only one (1) is erected, in which case it can be double-sided. Entrance signs only permitted at the entrance to the planned center containing multiple lots. Maximum height is ten (10) feet.

6.

Menu Boards: No more than two (2) signs shall be located per parcel and no such sign shall exceed thirty (30) square feet. There may be only one (1) display face and it may not be more than eight (8) feet in height.

G.

As permitted by the sign ordinance.

(Ord. No. 2010-113, § 5, 5-11-10; Ord. No. 2013-265, § 1, 10-15-13; Ord. No. 2017-41, § 6, 5-30-17; Ord. No. 2017-41, § 6, 5-30-17)

Applications for land disturbance permits, site development plan review, plat approval, sign permits, and building permits for properties within the designated Overlay District shall meet all of the requirements of the base zoning district in which the parcel is located and all provisions of the designated Overlay District unless such application meets one of the following exceptions:

A.

Alterations to existing single-family dwellings located within a subdivision of record zoned AG, ER, RS-180, RS-110, RG-75, PUD with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District, provided that such alterations are limited to the following actions:

1.

Additions of heated floor area less than 50 percent of the existing floor area.

2.

Construction of an accessory structure or garage not to exceed 750 square feet in floor area.

3.

Improvements to outdoor space, such as swimming pools, courts for basketball, tennis or handball, gazebos, trellises, patios, decks, balconies, and similar non-occupied structures, or interior renovations.

B.

Construction of a single-family dwelling on an existing lot of record zoned AG, ER, RS-180, RS-110, RG-75, or PUD within a single-family residential subdivision with a final plat approved prior to enactment of this section shall not be subject to the provisions of this Overlay District Ordinance provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

C.

Replacement, reconstruction, restoration, or repair of a single-family dwelling that is destroyed or damaged by fire or other natural occurrence shall not be subject to the provisions of this Overlay, provided that such dwelling is located on an existing lot of record zoned for a residential use within a single-family residential subdivision with a final plat approved prior to enactment of this section, and provided that such new construction shall be of similar floor area, materials and design as the single-family dwellings on adjacent lots in the same subdivision. Similar floor area for the purposes of this subsection means not more than 20 percent greater than the average heated floor area of the structures located on the abutting residential properties.

D.

Construction, rehabilitation, restoration and repair of a non-residential structure existing prior to the enactment of this section shall not be subject to those provisions of the Overlay until such time as the cumulative effect of all permits on a single parcel result in an increase in the total floor area of the existing structure by 20 percent or 5,000 square feet, whichever is less.

(Ord. No. 2010-113, § 5, 5-11-10)

The applicant shall provide a surety, performance guarantee, or post performance bonds in a form acceptable to Clayton County in order to guarantee timely installation of required project improvements such as, but not limited to, streets, utilities, drainage, sidewalks, landscaping, amenity/recreation areas, and multi-use trails within the subject development that are consistent with the Preliminary Plat, Site Development Plan, and/or Detailed Development Plan within the designated Overlay Design Guidelines. The surety, performance guarantee, or performance bonds shall be provided in accordance with the provision of Article 5, Surety, of the Subdivision Regulations with the following modifications.

1.

If the development does not require subdivision, the Surety shall be provided at the time of the Construction Drawing request and before the Grading and Soil Erosion & Sedimentation Control Permits are released.

(Ord. No. 2010-113, § 5, 5-11-10)

Appeals of final decisions of the Zoning Administrator by aggrieved persons shall be in accordance with Article 13.22, Administrative Appeal Process (AA) of this Zoning Ordinance. Furthermore, appeals of this ordinance may be requested to be heard by the Zoning Board of Appeals in accordance with Article 13.21, Variance Process (VA).

(Ord. No. 2010-113, § 5, 5-11-10)

The purpose of the Mountain View Overlay District is to implement the policies of the Board of Commissioners as adopted in the Clayton County Comprehensive Plan. The Board's vision of the Mountain View Overlay District is to create an "International Hub" that provides a transit-oriented and walkable mix of uses complementary to the world's busiest airport along with opportunities for higher wage employment, innovative technology-based job opportunities, recreation, entertainment, and an attractive environment for the residents, businesses and travelers alike. This regional destination will include the following character areas: Education, International Mixed Use Office, Regional Mixed Use Retail, Mixed Use Residential, Regional Entertainment, Advanced Manufacturing.

(Ord. No. 2018-125, § 1, 12-18-18)

The intent of this designated Overlay District is:

A.

To enhance the quality and compatibility of development in the Overlay;

B.

To encourage appropriate redevelopment of vacant and underutilized properties;

C.

To create developments that are aesthetically pleasing, architecturally distinct and environmentally sustainable;

D.

To encourage a balance of uses for living, working, shopping and recreating that are accessible within a convenient distance from each other;

E.

To promote safe and efficient movement for all persons using various modes of travel within the Overlay District including motorized vehicles, bicycles, walking, public transit and rail;

F.

To encourage innovative development projects that set high standards for landscaping, open space, makers space, and public amenities;

G.

To establish consistent and relational design standards for public improvements and private property development within the Overlay in order to create a distinctive visual quality for the designated Overlay District;

H.

To protect and enhance the value of properties in the Overlay, by ensuring that surrounding properties are developed harmoniously and consistently; and

I.

To promote tourism within the Overlay by creating distinct and aesthetically pleasing traffic corridors.

J.

To allow flexibility in development standards to encourage the design of innovative development projects that set high standards for landscaping, green space, urban design, public art and public amenities.

(Ord. No. 2018-125, § 1, 12-18-18)

A.

Overlay Districts are supplemental to the underlying zoning district classifications established in the Clayton County Zoning Ordinance that governs all properties within Clayton County. Within areas mapped as Overlay Districts in this Article, these Overlay District regulations shall be overlaid upon, and shall be imposed in addition to, stated underlying zoning regulations which shall still apply except where inconsistent with the regulations of the Overlay District.

B.

The standards and requirements of the Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base zoning district or other provisions of the Zoning Ordinance, including but not limited to the Subdivision Regulations.

C.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

D.

The provisions of the Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments, Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

E.

The uses are permitted in the Overlay District by Tiers which also define the underlying zoning district. The permitted uses that are prohibited or subject to conditional use approval is identified in each Tier/underlying zoning district, unless otherwise specified herein.

F.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

(Ord. No. 2018-125, § 1, 12-18-18)

A.

Boundary Map: The Mountain View Overlay District is generally located and bounded on the north by the unincorporated Clayton County boundary line and south of the Fulton County boundary line; bounded on the east by Interstate 285 traveling southwest intersecting until it intersects Interstate 75; then travelling north to where it intersects Fulton County south boundary line. Copies of the map of the Overlay District are available for inspection during normal business hours in the Department of Community Development.

B.

Map Amendment: No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

(Ord. No. 2018-125, § 1, 12-18-18)

The boundaries of the Overlay are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in this Zoning Code, Zoning Map. There are six (6) character areas, referred to as "Tiers" as follows:

Tier 1: MV-EDU Education District

Tier 2: MV-IMO International Mixed Office Use

Tier 3: MV-RMR Regional Mixed Use Retail

Tier 4: MV-MUR Mixed Use Residential

Tier 5: MV-REN Regional Entertainment

Tier 6: MV-MME Mixed Use Makers and Advanced Manufacturing

Each tier is shown on a parcel-based map. Copies of the Overlay area map are available for inspection during normal business hours in the Department of Community Development.

A.

MVEDU District—Education District.

1.

Tier 1 Intent: This character area is a desirable location for airport-based research. This County-owned property currently has an existing park and ride lot. Development of this character area will likely begin with expansion to the south as the park and ride transforms into a parking deck, a more appropriate layout for this key airport adjacent property. The education character leverages support from local universities to develop an aeronautical or transportation-based research center and technology incubator space.

2.

Permitted Uses:

(A)

Aeronautical Instruction/Education.

(B)

Technology & Business Incubator.

(C)

Business and professional office use.

(D)

Transit-Oriented Development.

(E)

Hotel/Resort.

(F)

Regional Retail Center.

(G)

Mixed Use with ground floor office and top floor residential.

(H)

Mixed Use with ground floor retail and top floor residential.

(I)

Makers Space.

(J)

Art gallery and museums.

(K)

Bank, credit union and other similar financial institution.

(L)

Production studio.

(M)

Radio and television broadcasting station.

(N)

Cellular phone retailer.

(O)

Specialized non-degree school focusing on fine arts and culture, to include the ballet, music, martial arts, culinary arts, and sports medicine and therapy.

(P)

Fitness and health centers.

(Q)

Movie theater, performing arts theater, bowling alley, and other recreational and/or cultural arts facility where such activities are wholly enclosed within a building.

(R)

Restaurants, entertainment and bars establishment.

(S)

Sandwich shops.

(T)

Apparel sales.

(U)

Retail sales.

(V)

Medical and health services.

(W)

Medical and dental laboratory.

(X)

Pharmacy and drugstore.

(Y)

Personal, services establishments.

(Z)

Day spa as ancillary use.

(AA)

Dry cleaners drop off, alteration and repair.

(BB)

Quick copy, photographic studio.

(CC)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(DD)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Parking garage, deck and lot as primary use.

(B)

Outdoor Recreation/Amusement.

(C)

Standalone developments <2.0 acre.

(D)

Buildings with a height of less than six (6) stories.

4.

MVEDU—Educational District Standards:

Minimum Lot Area: None (See Mountain View Overlay District)

Minimum Lot Width: None (See Mountain View Overlay District)

Minimum Lot Depth: None (See Mountain View Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 6 stories (with exceptions)

Floor Area Ratio: Minimum 3.0 units/acre (Minimum 30)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 20 feet, or as approved per site plan

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

B.

MVIMO District—International Mixed Use Office.

1.

District Tier 2 Intent: This character area is a key site that encourages and seeks to attract high-rise Class-A office with a mix of complimentary uses, on the ground floor, including retail, restaurants, and hotel. International Mixed Use Office District is proposed around a future rail station, which will provide transit access and become a major draw for employers and employees.

2.

Permitted Uses:

(A)

Aeronautical Instruction/Education.

(B)

Technology & Business Incubator.

(C)

Business and professional office use.

(D)

Transit-Oriented Development.

(E)

Hotel/Resort.

(F)

Regional Retail Center.

(G)

Mixed Use with ground floor office and top floor residential.

(H)

Mixed Use with ground floor retail and top floor residential.

(I)

Makers Space.

(J)

Advanced Manufacturing.

(K)

Outdoor amusement/recreation.

(L)

Art gallery and museums.

(M)

Bank, credit union and other similar financial institution.

(N)

Clubs & Lounges.

(O)

Casino.

(P)

Production studio.

(Q)

Radio and television broadcasting station.

(R)

Cellular phone retailer.

(S)

Specialized non-degree school focusing on fine arts and culture, to include the ballet, music, martial arts, culinary arts, and sports medicine and therapy.

(T)

Fitness and health centers.

(U)

Movie theater, performing arts theater, bowling alley, and other recreational and/or cultural arts facility where such activities are wholly enclosed within a building.

(V)

Restaurants, entertainment and bars establishment.

(W)

Sandwich shops.

(X)

Apparel sales.

(Y)

Retail sales.

(Z)

Jewelry retail and repair store.

(AA)

Medical and health services.

(BB)

Medical and dental laboratory.

(CC)

Pharmacy and drugstore.

(DD)

Personal, services establishments.

(EE)

Day spa as ancillary use.

(FF)

Dry cleaners drop off, alteration and repair.

(GG)

Quick copy, photographic studio.

(HH)

Supermarkets, with a footprint of less than 25,000 square feet.

(II)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(JJ)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Parking garage, deck and lot as primary use.

(B)

Outdoor Amusement/Recreation.

(C)

Standalone developments <2.0 acre.

(D)

Buildings with a height of less than six (6) stories.

4.

MVIMO District Standards:

Minimum Lot Area: None (See Mountain View Overlay District)

Minimum Lot Width: None (See Mountain View Overlay District)

Minimum Lot Depth: None (See Mountain View Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 6 stories (with exceptions)

Floor Area Ratio: Minimum 3.0 units/acre (Minimum 30)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 20 feet, or as approved per site plan

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

C.

MV-RMR Regional Mixed Use Retail.

1.

Tier 3 Intent: This character area proposes a regional, luxury outlet retail center, to be located along a main thoroughfare, Conley Road. A mix of uses are encouraged, in addition to retail, including restaurants, and housing. This site was identified for regional retail due to its visibility from I-285.

2.

Permitted Uses:

(A)

Business and professional office use.

(B)

Transit-Oriented Development.

(C)

Hotel/Resort.

(D)

Regional Retail Center.

(E)

Mixed Use with ground floor office and top floor residential.

(F)

Mixed Use with ground floor retail and top floor residential.

(G)

Makers Space.

(H)

Art gallery and museums.

(I)

Bank, credit union and other similar financial institution.

(J)

Clubs & Lounges.

(K)

Casino.

(L)

Production studio.

(M)

Radio and television broadcasting station.

(N)

Cellular phone retailer.

(O)

Fitness and health centers.

(P)

Movie theater, performing arts theater, bowling alley, and other recreational and/or cultural arts facility where such activities are wholly enclosed within a building.

(Q)

Restaurants, entertainment and bars establishment.

(R)

Sandwich shops.

(S)

Apparel sales.

(T)

Retail sales.

(U)

Medical and health services.

(V)

Medical and dental laboratory.

(W)

Pharmacy and drugstore.

(X)

Personal, services establishments.

(Y)

Day spa as ancillary use.

(Z)

Dry cleaners drop off, alteration and repair.

(AA)

Quick copy, photographic studio.

(BB)

Supermarkets, with a footprint of less than 25,000 square feet.

(CC)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Parking garage, deck and lot as primary use.

(B)

Outdoor Amusement/Recreation.

(C)

Standalone developments <2.0 acre.

(D)

Buildings with a height of less than six (6) stories.

(E)

Specialized non-degree school focusing on fine arts and culture, to include the ballet, music, martial arts, culinary arts, and sports medicine and therapy.

4.

MV-RMR Regional Mixed Use Retail District Standards:

Minimum Lot Area: None (See Mountain View Overlay District)

Minimum Lot Width: None (See Mountain View Overlay District)

Minimum Lot Depth: None (See Mountain View Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 6 stories (with exceptions)

Floor Area Ratio: Minimum 3.0 units/acre (Minimum 30)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 20 feet, or as approved per site plan

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

D.

MV-MUR Mixed Use Residential.

1.

Tier 4 Intent: This character area is located in the farther east of the airport and in the eastern portion of the study area, not directly under current flight paths. Primarily residential in nature, this area will house retail and restaurants on the first floor to support the residents and connect to the adjacent regional mixed use retail.

2.

Permitted Uses:

(A)

Mixed Use with ground floor office and top floor residential.

(B)

Mixed Use with ground floor retail and top floor residential.

(C)

Business and professional office use.

(D)

Transit-Oriented Development.

(E)

Hotel/Resort.

(F)

Regional Retail Center.

(G)

Makers Space.

(H)

Art gallery and museums.

(I)

Bank, credit union and other similar financial institution.

(J)

Production studio.

(K)

Radio and television broadcasting station.

(L)

Cellular phone retailer

(M)

Fitness and health centers.

(N)

Restaurants, entertainment and bars establishment.

(O)

Sandwich shops.

(P)

Apparel sales.

(Q)

Retail sales.

(R)

Medical and health services.

(S)

Medical and dental laboratory.

(T)

Pharmacy and drugstore.

(U)

Personal, services establishments.

(V)

Day spa as ancillary use.

(W)

Dry cleaners drop off, alteration and repair.

(X)

Quick copy, photographic studio.

(Y)

Supermarkets, with a footprint of less than 25,000 square feet.

(Z)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(AA)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Specialized non-degree school focusing on fine arts and culture, to include the ballet, music, martial arts, culinary arts, and sports medicine and therapy.

(B)

Movie theater, performing arts theater, bowling alley, and other recreational and/or cultural arts facility where such activities are wholly enclosed within a building.

(C)

Standalone developments <2.0 acre.

(D)

Buildings with a height of less than six (6) stories.

(E)

Pop-Up Shops, as a seasonal use.

(F)

Pet grooming and boarding establishment.

(G)

Standalone child day care facility and center.

4.

MV-MUR District Standards:

Minimum Lot Area: None (See Mountain View Overlay District)

Minimum Lot Width: None (See Mountain View Overlay District)

Minimum Lot Depth: None (See Mountain View Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 6 stories (with exceptions)

Floor Area Ratio: Minimum 3.0 units/acre (Minimum 30)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 20 feet, or as approved per site plan

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

E.

MV-REN Regional Entertainment

1.

Tier 5 Intent: This character area proposes to provide a regional draw for recreation and entertainment, including hotels with a resort, and upscale commercial indoor recreation. This area has high visibility from the interstate, and if I-285 interchange access is achieved at Conley Road, will be highly desirable for regionally accessible uses.

2.

Permitted Uses:

(A)

Regional Retail Center.

(B)

Hotel/Resort.

(C)

Business and professional office use.

(D)

Transit-Oriented Development.

(E)

Mixed Use with ground floor office and top floor residential.

(F)

Mixed Use with ground floor retail and top floor residential.

(G)

Makers Space.

(H)

Art gallery and museums.

(I)

Clubs & Lounges.

(J)

Casino.

(K)

Production studio.

(L)

Fitness and health centers.

(M)

Movie theater, performing arts theater, bowling alley, and other recreational and/or cultural arts facility where such activities are wholly enclosed within a building.

(N)

Restaurants, entertainment and bars establishment.

(O)

Sandwich shops.

(P)

Apparel sales.

(Q)

Retail sales.

(R)

Medical and health services.

(S)

Pharmacy and drugstore.

(T)

Personal, services establishments.

(U)

Day spa as ancillary use.

(V)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(W)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Specialized non-degree school focusing on fine arts and culture, to include the ballet, music, martial arts, culinary arts, and sports medicine and therapy.

(B)

Standalone developments <2.0 acre.

(C)

Outdoor amusement/recreation.

(D)

Buildings with a height of less than two (2) stories

(E)

Pop-Up Shops, as a seasonal use.

(F)

Pet grooming and boarding establishment.

(G)

Standalone child day care facility and center.

(H)

Supermarkets, with a footprint of less than 25,000 square feet.

4.

MV-MUR District Standards:

Minimum Lot Area: None (See Mountain View Overlay District)

Minimum Lot Width: None (See Mountain View Overlay District)

Minimum Lot Depth: None (See Mountain View Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 2 stories (with exceptions)

Floor Area Ratio: Minimum 1.0 units/acre (Minimum 15)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 20 feet, or as approved per site plan

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

F.

MV-MME Mixed Use Makers & Advanced Manufacturing & Entertainment.

1.

Tier 6 Intent: This character area encourages high-tech and advanced manufacturing spaces. Multi-story manufacturing and adjacent office uses are preferred. "Makers" spaces, which are collaborative work spaces that provide high tech tools to be shared by members, are also encouraged in this district to provide spaces for start-ups and young manufacturing businesses to grow. Entertainment uses, such as indoor skydiving or an Andretti Indoor Karting, are also envisioned to infill this large building district.

2.

Permitted Uses:

(A)

Aeronautical Instruction/Education.

(B)

Technology & Business Incubator.

(C)

Business and professional office use.

(D)

Transit-Oriented Development.

(E)

Hotel/Resort.

(F)

Regional Retail Center.

(G)

Mixed Use with ground floor office and top floor residential.

(H)

Mixed Use with ground floor retail and top floor residential.

(I)

Makers Space.

(J)

Advanced Manufacturing.

(K)

Art gallery and museums.

(L)

Bank, credit union and other similar financial institution.

(M)

Clubs & Lounges.

(N)

Casino.

(O)

Production studio.

(P)

Radio and television broadcasting station.

(Q)

Cellular phone retailer.

(R)

Specialized non-degree school focusing on fine arts and culture, to include the ballet, music, martial arts, culinary arts, and sports medicine and therapy.

(S)

Fitness and health centers.

(T)

Movie theater, performing arts theater, bowling alley, and other recreational and/or cultural arts facility where such activities are wholly enclosed within a building.

(U)

Restaurants, entertainment and bars establishment.

(V)

Sandwich shops.

(W)

Apparel sales.

(X)

Retail sales.

(Y)

Medical and health services.

(Z)

Medical and dental laboratory.

(AA)

Pharmacy and drugstore.

(BB)

Personal, services establishments.

(CC)

Day spa as ancillary use.

(DD)

Dry cleaners drop off, alteration and repair.

(EE)

Quick copy, photographic studio.

(FF)

Supermarkets, with a footprint of less than 25,000 square feet.

(GG)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(HH)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Specialized non-degree school focusing on fine arts and culture, to include the ballet, music, martial arts, culinary arts, and sports medicine and therapy.

(B)

Standalone developments <2.0 acre.

(C)

Outdoor amusement/recreation.

(D)

Buildings with a height of less than two (2) stories.

(E)

Pop-Up Shops, as a seasonal use.

(F)

Pet grooming and boarding establishment.

(G)

Standalone child day care facility and center.

(H)

Supermarkets, with a footprint of less than 25,000 square feet.

(I)

Single-family attached residential (townhomes).

(J)

Multi-family residential (apartments, condos).

4.

MV-MME Mixed Use Makers & Advanced Manufacturing & Entertainment District Standards:

Minimum Lot Area: None (See Mountain View Overlay District)

Minimum Lot Width: None (See Mountain View Overlay District)

Minimum Lot Depth: None (See Mountain View Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 2 stories (with exceptions)

Floor Area Ratio: Minimum 1.0 units/acre (Minimum 15)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 20 feet, or as approved per site plan

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious

surface cannot exceed 80% of the lot area

5.

Prohibited Uses:

(A)

Drive thru restaurants.

(B)

Parking facilities not associated with a use.

(C)

Gas/service station.

(D)

Adult entertainment establishment.

(E)

Adult service facility.

(F)

Blood collection center.

(G)

Breeding kennel.

(H)

Check cashing establishment.

(I)

Pay day loan establishment.

(J)

Gold-buying establishment.

(K)

Heavy truck and equipment and materials storage.

(L)

Motel.

(M)

Outdoor equipment and materials storage.

(N)

Outdoor open flea market.

(O)

Pawn shop/Title Pawn.

(P)

Self-storage facility.

(Q)

Storage/salvage and junk yard.

(R)

Storage yard for damaged or confiscated vehicles.

(S)

Truck stop and terminal.

(T)

Automobiles, boats and trailers new and used sales.

(U)

Funeral home and crematory.

(V)

Self-service car wash and detailing.

(W)

Temporary and/or outdoor sales.

(X)

Automotive repair, major or minor.

(Y)

Automotive body and paint shop.

(Z)

Convenience store with or without fuel pumps.

(AA)

Standalone child day care facility and center.

(BB)

Transitional housing and similar housing facility not otherwise addressed in this section.

(CC)

Liquor store.

(DD)

Animal hospital, veterinary clinic, animal boarding, pet supply store, and animal grooming shop.

(EE)

Building and landscape contractor.

(FF)

Barber shop, beauty shop (Unless interior to a primary use).

(GG)

Computer repair and service.

(HH)

Jewelry repair service.

(II)

Shoe repair store.

(JJ)

Vocational school.

(KK)

Daycare, Private elementary, middle or high school.

(LL)

Community facilities as follows:

(MM)

Community center.

(NN)

Cultural facility.

(OO)

Non-commercial club or lodge.

(PP)

Standalone Business service establishment.

(Ord. No. 2018-125, § 1, 12-18-18; Ord. No. 2022-174, § 7, 8-16-22)

A.

Site design requirements.

1.

Building orientation along an adjacent street frontage shall be located toward the front of each lot at a setback not more than zero (0) feet from public right-of-way and may be a maximum of twenty (20) feet from the public right-of-way if used for public art, hardscape and/or sitting or dining areas. If a lot is bound by more than one (1) public street, the front of the lot shall be considered the lot line adjacent to the street with the highest classification. If the building is contained on a lot at the intersection of two (2) primary streets, the building's entrance shall be oriented towards one or both primary streets. For nonresidential uses, the primary ground floor entrance to all buildings shall be clearly visible from the street, internal private drive, or public sidewalk.

2.

All loading and service areas shall be screened from view from the street and adjacent residential uses with buildings, landscaping, or decorative fencing.

3.

All off-street parking shall be behind or within garages for residential units.

Individual garages for units may not face a primary street.

4.

Fencing that is visible from any public plaza, open space, ground level or sidewalk level outdoor dining area, internal main private drive or public street or right-of-way shall be made only of brick, stone, hard-coat stucco, or wrought iron. No fencing allowed in the front yard of any property along a public right-of-way.

5.

No barbed wire, razor wire, chain-link fence or similar elements shall be allowed. Fencing materials for a detention area must be approved prior to installation by the Community Development Director.

B.

[Buildings oriented to a front property line or public right-of-way.] Buildings oriented to a front property line or public right-of-way shall be setback as follows:

1.

Minimum front setback: Zero (0) feet to a maximum of thirty (30) feet from the back of curb for all new development to include 10-foot maximum landscape buffer, 10 foot minimum sidewalk, 10' minimum supplemental zoned.

2.

Minimum interior side setback: Minimum setback from property line may be zero (0) feet, but if the property is adjacent to an existing building with windows facing the property line, the setback shall be a minimum of twenty (20) feet from the face of the existing building. In mixed-use developments, there shall be a minimum of ten (10) feet between buildings less than three (3) stories in height and a minimum of fifteen (15) feet between buildings when one (1) of them is three (3) stories or greater in height.

3.

Minimum rear setback: Ten (10) feet.

4.

All Life Safety and Building Codes shall be met to ensure safety of building occupants and patrons.

5.

All buildings shall comply with the applicable requirements of the Federal Aviation Administration (FAA) and Hartsfield-Jackson Atlanta International Airport (HJAIA).

C.

Development standards for nonresidential and mixed-use buildings. Ground-floor commercial and retail uses shall have entrances at grade or not more than one foot above or below grade with opening directly onto a public sidewalk or publicly accessible open space adjacent to the public sidewalk.

D.

Development standards for residential buildings. Ground-floor residential units that adjoin a street shall have entrances with a stoop or porch between the sidewalk and the building façade no less than two (2) feet above grade. A sidewalk shall connect the ground floor front entrance to the public sidewalk.

E.

Transitional height requirement. Where a lot within the Overlay District adjoins the boundary of any property outside the District that is zoned for any mixed-use residential zoning classification, a transitional height plane of forty-five (45) degrees shall apply. The Community Development Director may require an applicant to use staggered heights, greater setbacks, and enhanced buffers, when the project is adjacent to residentially-zoned properties.

E.

Publicly accessible open space requirements.

1.

A minimum of twenty (20) percent publicly accessible open space shall be provided for each new development site/parcel. Publicly accessible open space areas may be transferred from one parcel to another within overall developments that remain under unified control of a single property owner or group of owners, but must demonstrate interconnectedness of public areas.

2.

Publicly accessible open spaces shall be at grade, and directly accessible from a public sidewalk or building entrances.

3.

Publicly accessible open space that is provided as part of a new development shall include connectivity to any existing or planned nearby public amenity including, but not limited to, trail networks, greenspace or park facility.

4.

Publicly accessible open spaces may include any combination of the following: accessible landscaped areas, water features, fountains, parks, plazas, trails, paths and hardscape elements which are connected to sidewalks and plazas, and similar features.

5.

Private courtyards, patios and other private outdoor areas and amenities shall not be counted toward the twenty (20) percent publicly accessible open space requirement.

6.

All open space including buffers, setbacks, sidewalk clear zones, sidewalk zones and open spaces shall be fully implemented prior to issuance of a certificate of occupancy for the primary development.

7.

As a part of the application for a building permit within the district, each applicant shall present a legal mechanism under which all land to be used for publicly accessible open space purposes shall be maintained and protected. Such legal mechanism may include deed restrictions, property owner associations, common areas held in common ownership or control, maintenance easements, or other legal mechanisms, provided that said legal mechanism shall be approved by the county attorney to ensure compliance with each of the following mandatory requirements:

8.

All subsequent property owners within said district shall be placed on notice of this development restriction through the deed records of Clayton County Superior Court;

9.

All publicly accessible open space held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the county;

10.

A legal mechanism must be provided for notice of deficiencies in maintenance of the publicly accessible open space held in common, correction of these deficiencies, and assessment and liens against the properties for the cost of the correction of these deficiencies by a third-party or the county;

11.

The property owners' association shall provide the following:

(A)

Mandatory and automatic membership in the property owners' association as a requirement of property ownership;

(B)

A fair and uniform method of assessment for dues, maintenance and related costs;

(C)

Where appropriate, party wall maintenance and restoration in the event of damage or destruction; and

(D)

Continued maintenance of publicly accessible open space held in common and liability through the use of liens or other means in the case of default.

F.

Categories of open space. Open space required in the designated Overlay District shall be held under unitary ownership or control and shall consist of any of the following three categories of land:

1.

Primary conservation area. This category includes streams; wetlands designated by the national wetlands inventory; 100-year floodplain, as identified on federal insurance rate maps; steep slopes exceeding 25 percent; areas of exposed rock; and private cemeteries and burial grounds. These areas shall be left in a natural and undisturbed state, except for the fewest possible perpendicular crossings of essential access roads and utility lines.

2.

Secondary conservation area. This category includes land in water supply watersheds; aquifer recharge areas identified in the Clayton County Comprehensive Plan; riparian and wetland buffers that are over 25 feet in width; significant habitat areas, as identified in the Clayton County Comprehensive Plan; areas containing archaeologically or historically significant structures or sites, as identified in the Clayton County Comprehensive Plan; and related contextual areas, soils unsuitable for septic tanks, prime agricultural soils, mature hardwood forest, meadows, farm fields, pastures and other areas with scenic views.

3.

Outdoor recreation area. This category includes greenways, trails, bikeways, paths, tennis courts, ball fields, playfields, courts, golf courses, swimming pools, clubhouses, bicycle facilities, equestrian facilities, beaches, docks, seating areas, amphitheaters, stages, band shells, community buildings, fountains, plazas, patios, decks, lawns, picnic shelters and picnic areas, landscaping and other land containing outdoor recreation structures and facilities. Lakes and ponds are allowed in outdoor recreation areas, but their surface area shall not be counted as open space.

4.

Public park space. This category consists of the Tier 3: Greenspace area meeting the following criteria:

(A)

Shall provide active and/or passive recreational amenities visible and accessible from any point along 90 percent of any adjacent sidewalk.

(B)

Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the parcel excluding fountains, pedestrian furniture, public art and similar elements.

(C)

Shall be designed in accordance with the requirements for sidewalks.

(D)

Shall be open to the public during all daylight hours.

(E)

Shall be continuously well maintained by a designated agent for such maintenance.

(Ord. No. 2018-125, § 1, 12-18-18)

Public rights-of-way within the Overlay District shall be improved in accordance with the following standards:

A.

Street standards. Street standards shall be designed in accordance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines. Please refer to the following regarding the MV EDU - Education Tier:

https://www.itsmarta.com/uploadedFiles/More/Transit Oriented
Development/TOD%20Guidelines% 202010-11.pdf

B.

Multi-use paths.

1.

No motorized vehicles

2.

Maximum grade of 6 percent.

3.

20-feet wide dedicated easement.

4.

12 feet wide and concrete construction.

5.

Shoulder width variable, based on topography.

6.

5-feet flare at street intersections, with ramp to street and removable bollards spaced 6 feet apart to block motorized traffic. The Sight Visibility Standards (SV) of Article 6.27 must be maintained.

7.

Multi-use paths shall be located outside all required buffers, except that a required buffer may contain one or more crossings of a multi-use path provided that such crossing:

(A)

Is part of an approved multi-modal access plan required in Article 4.11 of this Ordinance.

(B)

Is approximately perpendicular to the required buffer.

(C)

Is designed to have the least disruption to the intended screening provided by the required buffer.

8.

Multi-use paths shall be required in order to facilitate pedestrian access from residential and non-residential developments to schools, parks, playgrounds and other County amenities via the multi-use path system. If, at the time of conceptual approval, there are no completed multi-use paths to which the multi-use paths of the proposed developer can be linked, the developer may, at its option, and only with the approval of the Community Development Director, in lieu of installing the multi-use paths, dedicate the easements and deposit a cash payment with the Board of Commissioners equal to the cost of installing the multi-use paths. This cost shall be determined by the County engineer. Such deposit shall be placed in a multi-use path construction fund to be established by the Board of Commissioners. When the multi-use system is extended to the boundary of the development, the Board of Commissioners will use the deposit to construct the multi-use paths in the development.

C.

Sidewalk requirement. There shall be a public sidewalk constructed along all public street frontages in compliance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines and the following standards:

1.

All sidewalks shall have a minimum width of 8 feet along all public roads except along roads classified as major arterial (Proposed Conley Road/Parkway), a minimum sidewalk width of 10 feet shall be provided.

2.

Safe and convenient pedestrian pathways/sidewalks must be provided to connect building entrances and public open spaces to required sidewalks along street frontages including pedestrian access routes to parking decks, parking lots and between buildings. All such pathways shall be concrete, brick or stone except in Tier 5: Regional Entertainment where paths and trails may be constructed of natural materials.

D.

Street trees.

1.

Street trees shall be provided in medians and required landscaped strips adjacent to all street rights-of-ways.

2.

Landscape strips along any collector and arterial roadways shall be a minimum of 10-feet wide. Landscape strips along local roads shall have a minimum width of 5-feet.

3.

Street trees shall have a minimum 2.5-inch caliper and 6 feet in height at the time of planting and be maintained by the developer for a period of 2 years.

4.

Street trees shall be spaced an average of 30 feet apart and alternate with streetlights.

5.

Spacing of street trees and streetlight standards may be adjusted to account for driveways, utility poles, fire hydrants and other obstructions and to provide adequate visual clearance for intersections, driveways and traffic control devices.

6.

No street tree or streetlight standard shall be placed within 10 feet of another tree, streetlight standard, utility pole or within 5 feet of a fire hydrant.

7.

Appropriate street tree species include:

(A)

Eastern Hornbeam.

(B)

Red Maple.

(C)

Southern Sugar Maple.

(D)

Willow Oak.

(E)

Other trees similar to the above and suitable for urban pedestrian environment, upon approval of the County Arborist or his/her designee.

(F)

No more than 25 percent of the total number of the trees installed may be of any one genus.

E.

Landscaping.

1.

Medians and landscaped strips shall be planted with grass and a variety of low, hardy shrubbery and flowering plants, and/or flowering trees with mulched beds. Areas of exposed earth shall not be allowed. Landscaping and Newly planted trees shall be approved by the County Arborist or his/her designees.

2.

Maintenance. All landscape materials required by this article or other article of the Zoning Ordinance shall be maintained by the property owner or Property Owners' Association. Such maintenance shall keep landscape materials healthy, neat and orderly in appearance, and free of litter and debris. Landscape materials that die or that, in the opinion of the County Arborist or his/her designee, are diseased shall be replaced by the property owner or Property Owners' Association.

F.

Buffer Yard.

1.

Where a lot on the external boundary of the Mountain View, the Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any residential zoning classification and/or residential use, a buffer yard not less than 50 feet in width shall be provided and maintained in a natural state or so as to maintain an effective visual screen.

2.

Where a lot on the external boundary of the Mountain View, the Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any nonresidential zoning classification and/or non-residential use, a buffer yard shall be planted as identified within Article 6.35. Buffer Yard Standards (BY).

3.

Said buffer yard shall not be paved and shall not be used for parking, loading, storage, or any other use, expect where necessary to grade or modify a portion of the yard buffer for the installation of utilities necessitated by the development. Water detention ponds shall not be located within buffer yard. No trees, other than dead or diseased trees, shall be removed from said buffer yard, but additional trees and plant material may be added to the buffer yard.

G.

Street furniture. Street furniture zone requirements. Said zone shall be continuously located immediately adjacent to curbing and shall meet tree planting requirements of section this ordinance. The area between such tree planting areas shall either be planted with evergreen ground cover such as mondo grass or a liriope species or shall be constructed of plant materials approved by the Community Development Department. In addition, this zone may be used for street furniture coordination with the Transportation & Development Department. This furniture may include trash receptacles, traffic signs, bus shelters, bicycle racks, benches, tree fencing, and utility poles (where allowed) or similar elements in accordance with uniform design standards utilized for the placement of such objects in the public right-of-way in a manner that does not obstruct pedestrian access or motorist visibility.

H.

Street and pedestrian lighting.

1.

Streetlights of a decorative design, consistent with Clayton County Department of Transportation and Development standards shall be provided for automobiles on all roadways.

2.

Additional lighting of a decorative design approved by the Community Development Director shall be provided for pedestrians and bicyclists along all public streets and along all multi-use trails. These lights shall be a maximum of 15 feet in height with average spacing not to exceed 40 feet apart. When design standards call for pedestrian lighting in the same proximity as the streetlights required in this subsection, a streetlight for automobiles may substitute for lighting for pedestrians that would otherwise be required at approximately the same location.

3.

Streetlights that are approved by the Community Development Department are required to be installed within the street furniture zone spaced equidistant between required street trees as specified in the in this overlay.

I.

Underground utilities.

1.

For all new construction and redevelopment, utilities along public streets must be placed underground.

2.

All new utilities in the District, except for major electric transmission lines and Development Director determines that underground utilities are not feasible due to pre-existing physical conditions, such as conflicting underground structures or utilities, shallow rock, high water table, or other similar geologic or hydrologic conditions.

J.

Detention requirements. All developments must comply with the Stormwater Regulations of the Clayton County Water Authority.

K.

Street and inter-parcel access (connectivity).

1.

Streets. Streets within the District may be either private drives, public or private streets. Private streets shall comply with the requirements of public streets found in all other applicable provisions of the Code.

(A)

New streets must connect two other streets unless natural site conditions make such connection impossible.

(B)

Cul-de-sac streets are prohibited.

(C)

Street block sizes is 400—600 feet maximum.

2.

Inter-parcel access. Sidewalks and parking lots serving properties shall be interconnected to provide continuous driveway connections and pedestrian connections between adjoining uses, lots and streets. Where necessary, Clayton County may require access easements be provided to ensure continuous access and egress routes connecting commercial, office and mixed use developments.

Inter-parcel access, joint driveways, cross-access drives and access easements all intended to provide shared access across adjacent properties shall be provided as follows, except where the Director of Transportation and Development determines that they are unfeasible because of topographic or other site-specific constraints:

(A)

Abutting non-residential developments on collector and arterial roadways shall provide a cross-access drive and sidewalk access to allow circulation between sites.

(B)

Joint driveways and cross access easements shall be established for multi- parcel, non-residential and mixed use development wherever feasible along collector and arterial roadways. The building site shall incorporate the following:

(1)

Continuous cross-access drives connecting adjacent parcels along the thoroughfare.

(2)

A design speed of 15 mph and a two-way travel aisle with a minimum of 20 feet to accommodate automobiles, service vehicles and loading vehicles.

(3)

Driveway aprons, stub-outs and other design features to indicate that abutting properties may be connected to provide cross access via a service drive.

3.

The Director of Transportation and Development may reduce the required separation distance of access points where the minimum required distance proves impractical, provided all of the following requirements are met.

(A)

Joint-access driveways and/or cross-access easements are provided in accordance with this section.

(B)

The site plan incorporates a unified access and circulation system for vehicles and pedestrians in accordance with this section.

L.

Electric vehicle charging infrastructure.

1.

A minimum of one (1) electric vehicle charging station shall be provided for all new developments that have 100 parking spaces or more.

(A)

Electric Vehicle (EV): An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current which is charged by being plugged into an electrical source. For the purpose of this ordinance, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not included, an automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current which is charged by being plugged into an electrical source.

(B)

Electric Vehicle Supply Equipment (EVSE): The conductors, including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

(C)

Electric Vehicle Supply Equipment (EVSE) infrastructure: The equipment, as defined by the National Electrical Code, which is provided to support future electric vehicle charging. This shall include, but not be limited to: the design load placed on electrical panels and service equipment to support the additional electrical demand, the panel capacity to support additional feeder / branch circuits, the installation of raceways, both underground and surface mounted, to support the electrical vehicle supply equipment.

(D)

Plug-In Hybrid Electric Vehicle (PHEV): An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current which is charged by being plugged into an electrical source, and having a second source of motive power such as gasoline or diesel.

2.

All new commercial, office, industrial and mixed use developments, as regulated by the International Building Code, are required to provide EVSE infrastructure to accommodate the future installation of Electric Vehicle Supply Equipment. The infrastructure shall be provided per this section.

(A)

The EVSE infrastructure shall be installed per the requirements of the current edition of the National Electrical Code (NFPA 70) as adopted and amended by the State of Georgia for enforcement by Clayton County.

(1)

The off-road parking provided for buildings containing commercial, office, industrial and mixed use occupancies shall have EVSE infrastructure installed at the parking spaces dedicated for the use of the building.

(2)

The ratio of electric vehicle parking spaces to non-electrical vehicle parking spaces shall be 1:5 and only applies to the total new parking spaces.

(3)

Designated dual-port EVSE may be dual-usage for ADA accessible EV charging spaces and non-ADA accessible EV charging spaces with ADA compliant hardware. The use of the space for accessible parking takes precedence over the need to use this space for EV charging.

(B)

All new off-road parking, or the expansion of existing off-road parking for buildings supporting commercial, office, industrial and mixed use occupancies shall include EVSE infrastructure based on the total number of parking spaces established in subsection (b).

(C)

The EVSE infrastructure shall include a raceway, which is continuous from the branch circuit / feeder panel location to the future PHEV / EV parking space. The raceway shall be sized and installed per the National Electrical Code; however, in no case shall the EVSE infrastructure raceway be less than 1" (one inch) in size. The EVSE infrastructure raceway shall include a pull rope or line installed for future conductor installation, with the raceway sealed and labeled for future use.

(D)

The electrical equipment room, when provided for new commercial, office, industrial and mixed use developments occupancies must have a dedicated space for the future installation of EVSE. This space shall be identified on all construction documents submitted for review, and the dedicated space shall not allow for violation of the National Electrical Code prescriptive requirements regulating working space clearances around equipment, or violation of the National Electrical Code prescriptive requirements governing the entrance to and egress from electrical equipment working space.

(E)

During construction of the electrical equipment room, all raceways installed for the EVSE infrastructure shall terminate at the space dedicated for the future EVSE installation.

(F)

Prior to the final electrical inspection approval, the space dedicated within the electrical equipment room for the future EVSE installation shall have the wall stenciled or marked legibly with the following text: "FUTURE ELECTRIC VEHICLE CHARGING EQUIPMENT AND PANELS".

(G)

The proposed placement and installation of EVSE infrastructure or equipment shall not allow for any violation of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101).

(H)

The placement of EVSE shall not create a trip hazard or violation of the accessible path of travel when the cord is connected to an EV or PHEV.

3.

Design standards and other criteria for electric vehicle parking and charging facilities. The following design criteria apply to electric vehicle parking and electric vehicle supply equipment ("EVSE") where provided for the use of the general public as a part of off-street parking:

(A)

Electric vehicle parking and charging stations, should be equal to parking space size and performance standards as provided in these regulations. The installation of an EVSE should not reduce the electric vehicle charging station's length to below the size and standards required.

(B)

Criteria for electric vehicle parking and charging stations in off-street parking facilities

(1)

Installation of EVSE shall meet National Electric Code, as it may be from time to time amended;

(2)

EVSE must be mounted on the wall or on a structure at the end of the space provided and shall be placed at least four and one-half feet above the parking surface of the space. No charging devices may be placed within the dimensions of a space on the sides or entrance to a space

(3)

EVSE mounted on structures such as pedestals, lighting posts, bollards, or other device shall be located as to not impede pedestrian travel or create trip hazards.

(4)

Way finding signs, if installed, shall be placed to effectively guide the motorists to the electric vehicle parking space and/or charging station. Private regulatory signage shall be placed in a manner that shall not interfere with any parking space, drive lane or exit.

(5)

Each electric vehicle charging stations and parking spaces for which any parking incentive was granted shall be reserved for use as an electric vehicle charging station or as electric vehicle reserved parking. If time limits or usage requirements for are to be enforced by vehicle immobilization or non-consensual towing, the posting of signage that complies with the requirements of the County Code applicable to vehicle immobilization or nonconsensual towing shall be observed. Vehicle immobilization or non-consensual towing may be enforced for electric vehicle charging stations and parking spaces by the owner or operator of the parking spaces even which no parking incentive was granted.

(6)

Electric vehicle charging stations and parking spaces for which any parking incentive was granted shall be operational at all times. When an electrical vehicle parking station is not operational for 14 consecutive days, it shall be considered to have been removed from service. The failure to maintain the number of electric vehicle charging stations and parking spaces shall be cause to require the installation of the number of parking spaces required by the district regulations.

(7)

A phone number or other contact information shall be provided when the station is not functioning in a manner that allows electric vehicles to be charged.

(C)

Criteria for electric vehicle parking and charging stations on private streets.

(1)

On-street parking spaces designated and equipped to be electric vehicle charging stations spaces for which any parking incentive was granted on private streets shall be for the exclusive purpose of electric charging.

(2)

For the purpose of reducing cable management issues and placing the electric vehicle charging station closer to crosswalks and curb ramps, such charging stations shall be installed to use the last space on a block face in the direction of travel wherever possible.

(3)

In perpendicular or angle parking configurations, electric vehicle supply equipment should be centered, or to the left, in front of the electric vehicle charging station for single connectors, and placed between two electric vehicle charging stations for dual connectors.

a.

EVSE must be mounted on the wall or on a structure at the end of the space provided and shall be placed at least four feet above the parking surface of the space. No charging devices may be placed within the dimensions of a space on the sides or entrance to a space

b.

EVSE mounted on structures such as pedestals, lighting posts, bollards, or other device shall be located as to not impede pedestrian travel or create trip hazards

(4)

Where a variation is grated to allow the electric vehicle charging station in parallel parking configurations, EVSE should be installed near the front of the electric vehicle charging station based on the direction of travel.

(5)

When electric vehicle supply equipment is placed in a sidewalk or walkway adjacent to the on-street electric vehicle charging station, it should not interfere with the minimum pedestrian clearance widths of the American Disability Act Standard, as it may be from time to time amended.

(6)

When cords and connectors are not in use, retraction devices or locations for storage shall be located sufficiently above the pedestrian surface and the parking lot as to reduce conflicts with pedestrians and vehicle maneuvering. Cords, cables, and connector equipment shall not extend across the path of travel in any sidewalk or walkway.

(D)

Signage: The signage associated with electric vehicle charging stations and the reservation of parking spaces for electric vehicles shall be considered incidental signs as defined in the Sign Ordinance. Incidental signs may contain only information and directives concerning the use of the electric vehicle charging stations and the reservation of parking spaces for electric vehicles. No commercial message shall be allowed to be displayed on an incidental sign associated electric vehicle charging stations and the reservation of parking spaces for electric vehicles although the name of the manufacturer or installer of the station may be displayed on the equipment installed at the stations. Where any text or logo other than that contained in this subsection is necessary to provide the general public with information on the operation of the electric vehicle charging stations, a sign permit shall be required. The following signs are allowed without a sign permit.

(1)

General service signs. An EV general service sign may be displayed without an associated advance turn and direction arrow but no advance turn and direct arrow may be displayed without an EV general service sign. These signs should be no smaller than 12-inch by 18-inch and no larger than 18-inch by 124-inch. The bottom of sign shall be seven feet above ground.

(2)

Private regulatory mounted signage. One private regulatory sign may be located on each space and must be placed to conform to the design guidelines for parking spaces.

(3)

On-space striping: the following on space striping is permitted in lieu of or in addition to a mounted private regulatory sign.

(E)

Minimum landscaping requirements for surface electric vehicle parking and charging station lots. The requirements of Clayton County Code of Ordinances, Vegetation and Tree Protection parking lot requirements shall apply to electric vehicle charging stations spaces in addition to the street tree planting requirements, with additional requirements as follows:

(1)

All parking bays shall be terminated with a landscape strip a minimum width of five feet and equal to the length of the parking bay.

(2)

All required landscaped areas shall be planted with evergreen groundcover or shrubs with a maximum mature height of 30 inches; and

(3)

All required landscaped buffer strips, regardless of length, shall have a minimum of one tree planted per 30 feet of length with a minimum caliper of two and one-half inches.

(4)

Existing parking lots shall not be required to reduce the number of parking spaces by more than three percent as a result of implementing the following surface parking lot landscaping regulations.

(F)

Where EVSE is being used exclusively for the charging of vehicles for commercial or industrial uses and is not being made available for the general public, the installation of such equipment shall not be required to meet the criteria for parking spaces made available to the general public but shall be required to be installed to meet National Electric Code, as it may be from time to time amended.

4.

Incentives for Electric Vehicle Charging Stations & Parking.

(A)

Incentive for electric vehicles charging stations and parking. Where off-street parking is required to be provided or where the off-street parking requirement is being met by parking on a private street, each electric vehicle charging station, as defined in this overlay, shall be counted as a parking space and shall reduce the required parking by five (5) additional parking spaces; provided however that a total of no more than ten percent of the number of off-street parking spaces required by the district regulations for the entire parcel shall be allowed to be reduced by the use of this incentive. Where at least two electric vehicle charging stations are provided, the ten percent reduction incentive may be accomplished by providing electric vehicle only parking spaces provided however that the number of electric vehicle only parking spaces to be counted for the incentive shall always be correlated to the number of electric vehicle charging stations.

(1)

The provisions of this section shall apply to any required parking and may be used to reduce the degree of nonconformity of parcels with nonconforming parking.

(2)

Electric vehicle parking spaces shall be reserved for the exclusive parking of an electric vehicle.

(3)

Electric vehicle charging stations shall be reserved exclusively for the charging and parking of a vehicle that is connected to the EVSE for electric charging purposes.

(4)

When an electric vehicle charging station is removed or becomes inoperable for more than fourteen consecutive days, the parking reduction granted by this section shall no longer remain in effect and the required parking shall be provided.

(5)

The incentive provided by this section shall be granted by special administrative permit.

a.

As a part of the application, the site plan for the parking spaces where the electric vehicle charging station or electric vehicle parking is to be located shall be provided.

b.

The special administrative permit shall at all times be conditioned on the electric vehicle charging station or electric vehicle parking meeting the design standards and other criteria for electric vehicle parking and charging facilities set forth in this part.

c.

Failure to maintain the conditions of the special administrative permit shall be cause to revoke the incentive and require the installation of the parking required by the district regulations.

(Ord. No. 2018-125, § 1, 12-18-18)

The following architectural regulations shall apply to all structures within the district and the architectural style within the district shall be consistent with the District Design Guidelines:

A.

All building facades visible from a public street shall consist of eighty (80) percent brick, textured concrete masonry, stone, glass, finished masonry materials or hard coat stucco, or a combination thereof.

B.

Office buildings must utilize architectural concrete and glass façade, facing a public right-of-way.

C.

Architectural accents, where utilized, shall consist of metal, non-reflective glass, glass block, natural stone, pre-cast concrete, brick, terra cotta, stucco, hardi-plank or wood.

D.

Non-primary walls visible from residential uses, public open spaces, outdoor patios, pedestrian paths, roadways or parking areas shall incorporate changes in building material/color or varying design.

E.

Mixed-use developments with ground floor non-residential uses shall provide fenestration that is comprised of sixty (60) percent of the width of the front façade of the building at the ground level.

F.

Relationship of building to street.

1.

For purposes of this chapter, sidewalk-level shall be defined as any floor of a building with a finished-floor elevation less than or equal to five feet above the adjacent sidewalk or less than or equal to five feet below the adjacent sidewalk.

2.

Building floors shall be delineated at third story above sidewalk level and lower and shall be executed through windows, belt courses, cornice lines or similar architectural detailing.

3.

The primary pedestrian entrance for pedestrians to access all uses with street frontage:

(A)

Shall face and be visible from the street. When located adjacent along Tara Boulevard or Old Dixie Highway, said entrance shall face and be visible from said street.

(B)

Shall be directly accessible and visible from the sidewalk.

(C)

Shall remain unlocked during business hours for nonresidential uses.

4.

A street address number shall be located directly above the primary building entrance, shall be clearly visible from the sidewalk and shall be a minimum of six inches in height.

5.

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. Said pedestrian walkway shall be perpendicular to the street and shall be permitted to share said walkway with one adjacent unit.

(B)

All such buildings with more than four residential units that are adjacent to the sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk. All pedestrian walkways providing such access shall be perpendicular to the street and shall be permitted to share said walkway with no more than one adjacent unit.

(C)

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

6.

Sidewalk arcades. Buildings with non-residential uses at the sidewalk level may have sidewalk arcades, which shall meet the following regulations:

(A)

Shall provide an at grade sidewalk surface.

(B)

Arcade supports shall be a maximum width of five feet.

(C)

Shall provide a minimum of 25 feet of clear unobstructed space between arcade supports.

G.

The building wall adjacent to street facing ground floors shall be comprised of at least 60 percent of glass along the ground floor.

H.

Canopies over entrances and/or windows shall be mounted at a single consistent height for each building and shall comply with the District Design Guideline requirements for canopies.

I.

A minimum of sixty (60) percent of the ground-floor facade of non-residential windows shall be clear or tinted so that at least seventy (70) percent of light filters through the window.

J.

Roof materials shall not consist of any reflective surface.

K.

All materials shall be earth-tone in color, and shall be similar throughout the development, or as approved by the Overlay Design Review Committee.

L.

Burglar bars and steel roll down doors or curtains shall not be visible from any public street. If burglar bars are utilized they shall be artistic or decorative on the side or rear doors or windows as approved by the Overlay Design Review Committee. See Figure 1.0 below.

Figure 1.0 Example of Artistic/Decorative Burglar Bars

M.

Loading bays shall be designed so that doors or openings are not visible from a public street.

1.

Dumpsters shall not be visible from any public street and shall be fenced or screened not to be visible from any public areas including public parking areas or adjacent residential development. Screening materials shall be finished to be compatible with the color and finished exterior of the primary building it serves.

2.

Fabric and canvas awnings and all other building materials must be of durable quality and shall be of compatible materials used in the development. Temporary awnings are not permitted.

3.

Temporary structures such as tents, trailers, and mobile structures are prohibited. except for a permitted temporary use under an allowable permit.

4.

Accessory Structures. Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

5.

Roof Top Equipment. All roof-top equipment shall be screened from public view by parapets, dormers or other screens.

(Ord. No. 2018-125, § 1, 12-18-18)

A.

Color patterns, and quality of materials shall create a unified building form.

B.

Provide a common height for ground floor window facades.

C.

For buildings with multiple stories, use materials and features to define the ground floor and add visual interest. Windows, display areas, canopies, awnings, wall art, and other architectural features integral to the building are encouraged.

D.

Building entrances should be defined and articulated by architectural elements such as lintels, pediments, columns, and other design elements appropriate for the architectural style.

E.

Roof lines along buildings four (4) stories or less should have architectural details along the height plane to provide variations to the roof line.

F.

Light fixtures affixed to building facades shall be designed to coordinate with the overall building architecture.

G.

Lighting should be used to highlight distinctive features of a building.

H.

Parking structures that have walls visible from a public street shall have wall treatments that compliment the buildings it serves and shall have an appearance that fit the character of the associated development. The structure shall not exceed the height of the tallest adjacent building within the development

I.

Monument sign structures shall not be two and a half (2 1/2) times the size of the sign copy area unless incorporated into a building wall or perimeter wall/fence structure.

(Ord. No. 2018-125, § 1, 12-18-18)

Master Signage Plans are required for all land development within the Overlay District, as described in Article 4.11. Signs shall be required as in Article 8, Sign Regulations, of this Zoning Ordinance. All signs in the District shall comply with all applicable provisions of the Code as follows:

A.

Signs shall be designed in compliance with the applicable requirements in this overlay district.

1.

Ground/monument signs are only considered with conceptual plan review to determine if appropriate for the development site. All ground signs shall be a monument-style sign with a base and support members made of brick, stucco or stone consistent with the materials of the primary business or structure compliant with the requirements of Article 8 - Sign Code

2.

All building's front façade facing a public or private street, or private drive shall have the address numbers visible from the street or drive, and the individual numbers shall not exceed eight (8) inches in height unless incorporated in sign face design. Address numbers less than eight (8) inches in height shall be excluded from the maximum allowed sign area.

3.

Signage located on buildings shall be designed to be integrated into the building and overall façade.

4.

Each separate business front façade with an external public entrance may have a maximum of one (1) wall sign which shall not exceed an area of five (5) percent of the area of the façade of the ground floor of the building or seventy-five (75) square feet, whichever is less. Interior tenant space within a business of at least 50,000 square feet may have an additional wall sign area not to exceed a total of five (5) percent of the area of the façade of the ground floor of the building or one hundred (100) square feet, whichever is less.

5.

Signs may be externally or internally illuminated. Monument signs when permitted shall only be externally illuminated with ground lights at the base of the monument sign.

6.

No Window Signs other than payment methods, days and hours of operation. Temporary decals, placards, posters and advertisements are prohibited from being placed on the face of exterior walls or windows where it may be seen from the exterior.

7.

Wall mounted sign shall be channel cut letters applied directly to the building façade.

8.

Attached Canopy and Awning sign area shall be deducted from the permitted wall sign area.

B.

Prohibited signs:

1.

Motorist Distractions. Signs that incorporate flashing lights or beacons, highly reflective materials, rotating graphics, motion, smoke or visible matter, noise or changeable copy, that is copy that changes at intervals of more than once every six seconds, are prohibited.

2.

Roof signs. Signs that are placed on or above roofs, penthouses, mechanical equipment screens, and other like structures and any signs that extend above the building parapet or roof fascia line.

3.

Signs that are placed on vehicles or trailers that are not in regular use and are visible from a public right-of-way or major internal private drive.

4.

Pole signs and other signs with exposed structural supports that are more than three (3) feet in height and have post supports larger than two (2) inches in diameter or a total of four (4) square inches in cross-section area.

5.

Vacuum-molded or pre-manufactured signs. LED lighted signs or features

6.

Temporary Signs. Banners, streamers, pennants, flags, wind banners, air/gas filled balloons, portable signs, string lights, laser lights and search lights except as approved as a part of a permitted temporary festival or event.

7.

Flashing, animated, marquee, sound emitting, fluorescent, rotating or otherwise moving signs are prohibited.

(Ord. No. 2018-125, § 1, 12-18-18)

A.

Required parking may be provided through a combination of off-street, on street, or shared parking provided that all required parking is located with seven hundred (700) feet of the principal entrance of the building which it is intended to serve. The minimum number of required parking spaces shall be as required by the underlying zoning district classification regulations, except as follows:

1.

Retail uses, personal service uses, and other commercial and general business uses including food stores. Minimum of four (4.0) spaces per one thousand (1,000) square feet of gross floor area.

2.

Office and clinic uses. Minimum of three (3.0) spaces per one thousand (1,000) square feet of gross floor area.

3.

Hotel and motel uses. Minimum of one (1.00) space per unit.

4.

Multifamily residential uses. Minimum of one and one-quarter (1.25) spaces per dwelling unit.

B.

Required residential parking shall be segregated from parking for all other uses with the exception of additional parking provided for live/work units.

C.

Each development which provides automobile parking facilities shall provide bicycle parking facilities in on-site parking structures, parking lots, or within a designated area of the landscape zones adjoining the sidewalk. Non-residential developments shall provide bicycle parking at a ratio of one (1) bicycle parking space for every twenty (20) vehicular spaces. Multifamily residential developments shall provide bicycle parking facilities at a minimum ratio of one (1) bicycle parking space for every five (5) multifamily units. No non-residential or multifamily development shall have fewer than three (3) bicycle parking spaces nor exceed a maximum of fifty (50) bicycle parking spaces.

1.

Bicycle parking. All uses that are required to provide off-street parking spaces for motorized vehicles shall also provide bicycle parking space. Uses that require up to 25 off-street parking spaces for motorized vehicles shall provide at least one bicycle space, plus a minimum of one more bicycle space for each additional 50 parking spaces required for motorized vehicles.

D.

All off-street parking including surface lots and parking decks shall be located in the side or rear yards.

E.

Off-street parking shall be screened from view from any public street by buildings, decorative walls/fences, and/or landscaping. Off-street parking may not be located between the public street and the building's front facade. If a lot is bound by more than one (1) public street, the front of the lot shall be considered the yard adjacent to the street with the highest classification.

F.

Any portion of a parking deck that is adjacent to a public street shall have the ground level developed with retail, office or other permitted uses on and ground floor entrances oriented toward the street frontage. Any upper stories of a parking deck that face a public street shall be finished to resemble office or residential buildings with fenestration compliant with materials permitted in this division. Landscaping may be appropriate as an alternative, subject to prior approval of the Community Development Director.

G.

No parking or yard area may be used for the repair, dismantling, service, car wash or storage of any equipment or disabled vehicle.

H.

Parking facilities within any parcel may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily when the remaining uses are not in operation, so that the off-street parking requirements for each use are met or exceeded during said use's operational hours.

1.

Parking lot landscaping requirements. All parking lots within the District shall be landscaped in conformity with the requirements of this Code.

I.

Off-street loading shall be required as in Article 6.33, Loading Standards (LS), of this Zoning Ordinance, except as provided below.

1.

Buildings with more than 5,000 sq. ft. of commercial, retail, services or professional offices shall provide a minimum of one off-street loading space.

2.

Buildings with more than 25,000 sq. ft. of commercial, retail, services or professional offices shall provide a minimum of one off-street loading space for each 25,000 gross sq. ft. or fraction thereof.

3.

Off-street loading shall be limited to the area between the rear of the principal structure and the rear lot setback line, or between the side of the principal building and the side lot setback line.

J.

Lighting. Parking lots with more than 25 spaces must be illuminated. Lighting fixtures must minimize the diffusion of light to other properties in accordance with Article 6.36, Outdoor Lighting (OL), with the following modifications:

1.

All lighting poles and fixtures shall be decorative, as approved by the Community Development Director.

(Ord. No. 2018-125, § 1, 12-18-18)

A.

Attend a pre-application meeting. This meeting shall be attended by the applicant, Community Development Director, Community Development Director or their designees and other reviewing agencies. Prior to the issuance of any land development permit, building permit, or sign permit, the applicant shall submit a conceptual design package and final design package to the Community Development Director. The Community Development Director shall provide a copy of the submittals to the related district commissioner and the Chairman of the Board of Commissioners for review and comment. The final design package must include full architectural and landscape architectural plans and specifications. The submitted plans must include a site plan, architectural elevations and sections; renderings depicting the building design including elevations and architectural details of proposed buildings, exterior materials and colors, landscape plans and any shared parking agreements, all of which shall demonstrate that the proposed design is in compliance with all the requirements of this division and the underlying zoning classification.

B.

Multimodal access plans required. Each new application for a land development permit in the District shall be accompanied by a multimodal access plan prepared at a scale not greater than one (1) inch equals one hundred (100) feet. The multimodal access plan shall cover the full extent of the proposed development along with public rights-of-way of adjoining streets and any other property lying between the subject property and the nearest public streets on all sides. The purpose of the multimodal access plan is to demonstrate a unified plan of continuous access to and between all buildings in the proposed development and adjacent properties. Connections to available transportation modes, such as driveways, sidewalks, and bike paths shall be shown along adjacent streets and those entering adjoining properties. Safe and convenient pedestrian ways shall be provided from sidewalks along streets to each building entrance, including pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within one thousand two hundred fifty (1,250) feet along travel routes from any boundary of the subject property, the access plan shall show how pedestrians and bicycle access may safely travel from such station or stop to the subject property.

C.

Attend technical review committee meeting(s). The applicant/agent is required to attend a Technical Committee Meeting, which will be set by the Community Development Department. The conceptual design package shall be accompanied by an application and payment of a fee in an amount determined by the Clayton County Board of Commissioners.

D.

Conceptual plan package review.

1.

The conceptual plan package shall be composed of the following:

(A)

A narrative addressing the proposed development explaining how it meets the purpose, intent, and standards of this division of the Code. The narrative shall include a tabulation of the approximate number of acres in each land use, the approximate number of dwelling units by type, the approximate gross residential density, the approximate commercial density, the approximate publicly accessible open space acreage, the anticipated number, type and size of recreational facilities and other public amenities; the legal mechanism for protecting and maintaining publicly accessible open space, as required by the applicable provisions of this Code.

(B)

A site location map showing the proposed development, abutting property, the relationship of the proposed development to surrounding and existing development, and transitional buffer zones, if required.

(C)

A multimodal access plan meeting the requirements of this division.

2.

The conceptual plan package shall contain a site plan that contains all of the following information:

(A)

Seven (7) copies of the site plan drawn to a designated scale of not less than one (1) inch equals one hundred (100) feet, certified by a professional engineer or land surveyor licensed by the state, presented on a sheet having a maximum size of twenty-four (24) inches by thirty-six (36) inches, and one eight-and one-half-inch reduction of the plan. If presented on more than one (1) sheet, match lines shall clearly indicate where the sheets join. The plan shall contain the following information:

(1)

Boundaries of the entire property proposed to be included in the development with bearings and distances of the perimeter property lines.

(2)

Scale and north arrow with north, to the extent feasible, oriented to the top of the plat and on all supporting graphics.

(3)

Location and approximate dimensions in length and width for landscape strips and required transitional buffers, if any.

(4)

Existing topography with a maximum contour interval of five (5) feet and a statement indicating whether it is an air survey or field run.

(5)

Approximate delineation of any floodplain designated by the Federal Emergency Management Agency, United States Geological Survey, or Clayton County.

(6)

The delineation of any jurisdictional wetlands as defined by section 404 of the Federal Clean Water Act.

(7)

Approximate delineation of any significant historic or archaeological feature, grave, object or structure marking a place of burial, if known, and a statement indicating how the proposed development will impact it.

(8)

A delineation of all existing structures and whether they will be retained or demolished.

(9)

General location, in conceptual form, of proposed uses, lots, buildings, building types and building entrances.

(10)

Height and setback of all buildings and structures.

(11)

Approximate areas and development density for each type of proposed use.

(12)

Location, size and number of all on-street and off-street parking spaces, including a shared parking analysis, if shared parking is proposed.

(13)

Identification of site access points and layout, width of right-of-way and paved sections of all internal streets.

(14)

Conceptual plans for drainage with approximate location and estimated size of all proposed storm water management facilities and a statement as to the type of facility proposed.

(15)

Development density and lot sizes for each type of use.

(16)

Areas to be held in joint ownership, common ownership or control.

(17)

Location of proposed sidewalks and bicycle facilities, trails, recreation areas, parks, and other public or community uses, facilities, or structures on the site.

(18)

Conceptual layout of utilities and location of all existing or proposed utility easements having a width of twenty-five (25) feet or more.

(19)

Standard details of signs, sidewalks, streetlights, driveways, medians, curbs and gutters, landscaped areas, fencing, grating, street furniture, bicycle lanes, streets, alleys, and other public improvements demonstrating compliance with the District Design Guidelines.

(20)

Conceptual layout of building designs including elevations showing architectural details of proposed buildings, exterior materials, all of which shall demonstrate that the proposed design is in compliance with all of the requirements of this division.

(21)

All proposed signage shall be included in the Conceptual Plans and are subject to approval by the Director of Community Development.

(22)

Seal and signature of professional preparing the site plan.

E.

Final design package review and approval process.

1.

Review and approval of final design package. Upon receiving comments on the conceptual design package, the applicant will submit the final design package for review and approval. The final design package must include full architectural and landscape architectural plans and specifications. The submitted plans must include a site plan, architectural elevations and sections; renderings depicting the building design including elevations and architectural details of proposed buildings, exterior materials and colors, plans and elevations of all hardscape, landscape and signage and any shared parking agreements, all of which shall demonstrate that the proposed design is in compliance with all requirements of this division and the underlying zoning classification. The final design package must be signed and sealed by a professional engineer/architect. The final design package must contain all plans, elevations, sections and specifications necessary for obtaining development and building permits. The applicant may submit the final design package simultaneously with the submission for permitting.

2.

Review. The Community Development Director or designee shall review each application for compliance with all requirements of the district and the underlying zoning classification. Prior to approval by the Community Development Director or designee and issuance of any land development or building permit, the conceptual design package and final design package shall be submitted to and approved by the Community Development Director or designee after consultation with the district commissioner and the Chairman of the Board of Commissioners, consistent with the requirements of this section. Where the Community Development Director determines that said plans comply with the requirements of the Overlay District, a certificate of compliance shall be issued in the form of the director, or his/her designee signing the plans and drawings after which the applicant shall then apply for land disturbance, building or signs permits. Where the Community Development Director determines that said plans do not comply with the requirements of this Code, then the director shall provide the applicant with comments and redlined plans and drawings identifying where said applicant fails to comply with such requirements. All applications shall be considered and decided by the Community Development Director within thirty (30) days of receipt of a complete application. Any appeal of the Community Development Director's decision in this regard shall be to the zoning board of appeals.

3.

Innovative design. By enacting this division, the board of commissioners authorizes the Community Development Director to approve proposed developments that provide for unique site features and innovative designs that comply with the District Design Guidelines and comply with the requirements and standards set forth in this division.

(Ord. No. 2018-125, § 1, 12-18-18)

A.

Nonconforming use. A legal use in existence on the effective date of this district enactment or any amendment thereto may be continued even though such use does not conform with the use provisions of the zoning district in which said use is located, except as otherwise provided in this section.

1.

Change of use. A nonconforming use shall not be changed to another nonconforming use. A change in tenancy or ownership shall not constitute termination or abandonment of the nonconforming use, provided that the use itself remains unchanged and is continuously maintained and operated.

2.

Discontinuance or abandonment. When a nonconforming use of a major structure or major structure and premises in combination is entirely discontinued for 180 days, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the overlay district, unless the cessation of the nonconforming use is a direct result of government action impeding access to the property, an act of God, or a direct result of major renovations or maintenance of existing space.

3.

A nonconforming use of land shall not be enlarged, expanded or moved. However, expansion and relocation of uses such as signage, parking, storage, or security posts may be permitted on property under common ownership at time of the adoption of this Overlay District. Variations to this standard may be considered by the Board of Zoning Appeals. Applications for such variances shall be processed by Community Development and the Board of Zoning Appeals in the same manner as required in Article 10, Boards and Commissions of the Clayton County Zoning Code.

B.

Nonconforming Structure.

1.

A legal structure in existence on the effective date of this Zoning Ordinance or any amendment thereto that could not presently be built under the provisions of this chapter because of restrictions on building area, lot coverage, height, minimum yard setbacks, or other characteristics of the structure or its location on the lot shall be deemed a legal non-conforming structure.

2.

No legal nonconforming structure shall be enlarged, or structurally altered, in a way that increases the nonconformity.

3.

Alteration of legal nonconforming structures occupied by permitted, conforming uses may be allowed for improvement or modification, provided that the structure may not be enlarged and the alterations must either comply with this District or result in a reduction in site or the structure's nonconformity.

(Ord. No. 2018-125, § 1, 12-18-18; Ord. No. 2019-37, § 3, 3-19-19)

The purpose of the Old Dixie Highway-Tara Boulevard Overlay District is to implement the policies of the Board of Commissioners as adopted in the Clayton County Comprehensive Plan.

The intention of the Medical Mixed Use Center Overlay District (OD-MMX) is to provide a healthy, livable mix of land uses to support a growing and activated medical office district, supported by housing, retail, restaurants, and greenspace. The primary use in the study area is medical office, with complementary uses encouraged.

The Board's vision of the Old Dixie Highway-Tara Boulevard Overlay District is to create an aesthetical, safe and welcoming gateway into Clayton County that builds from the existing medical corridor to provide higher wage job opportunities, convenient access to the surrounding neighborhoods and amenities, and services that improve the quality of life for Clayton County residents and businesses. This destination will include the following character areas: Medical Mixed Use, Hotels, Mixed Use Office & Retail, Greenspace and Mixed Use Residential.

(Ord. No. 2018-129, § 1, 12-18-18)

a.

The intent of this designated Overlay District is:

1.

To enhance the quality and compatibility of development in the Overlay;

2.

To encourage appropriate redevelopment of vacant and underutilized properties;

3.

To create developments that are aesthetically pleasing, architecturally distinct and environmentally sustainable;

4.

To encourage a balance of uses for medical offices and services, supporting office and business uses, mixed use residential/retail, with easy access to open space and greenspace;

5.

To promote safe and efficient movement for all persons using various modes of travel within the Overlay District including motorized vehicles, bicycles, walking, and public transit;

6.

To establish consistent and relational design standards for public improvements and private property development within the Overlay in order to create a distinctive visual quality for the designated Overlay District;

7.

To allow flexibility in development standards to encourage the design of innovative development projects that set high standards for landscaping, green space, urban design, public art and public amenities.

(Ord. No. 2018-129, § 1, 12-18-18)

a.

Overlay Districts are supplemental to the development standards of the Clayton County Zoning Ordinance. The Overlay District governs all properties within its boundaries, as identified on the Old Dixie/Tara Blvd. Overlay District map.

b.

The standards and requirements of the Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base Zoning Ordinance, including other applicable County Codes.

c.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

d.

The provisions of the Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments, Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

e.

The uses are permitted in the Overlay District by Tiers which also define the underlying zoning district. The permitted uses that are prohibited or subject to conditional use approval is identified in each Tier/underlying zoning district, unless otherwise specified herein.

f.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

(Ord. No. 2018-129, § 1, 12-18-18)

a.

Boundary Map. The Old Dixie Highway-Tara Boulevard Overlay District is generally located and bounded on the south side of Interstate 75 at Old Dixie Highway and west of Tara Boulevard to Upper Riverdale Road. Each tier is shown on a parcel-based map. Copies of the Overlay area map are available for inspection during normal business hours in the Department of Community Development.

b.

Map Amendment. No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

(Ord. No. 2018-129, § 1, 12-18-18)

The boundaries of the Medical Mixed Use Overlay District are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in this Zoning Code, Zoning Map. There are essentially four (4) character areas, referred to as "Tiers" as follows:

Tier 1: OD-MMX Medical Mixed Use

Tier 2: OD-HTL Hotel & Mixed Use Retail

Tier 3: OD-MUR Mixed Use Residential

Tier 4: OD-GRN Greenspace

a.

Medical Mixed Use Overlay District.

1.

OD-MMX Intent: The intent of the Medical Mixed Use Overlay District is to provide a healthy, livable mix of land uses to support a growing and activated medical office district, supported by housing, retail, restaurants, and greenspace. The primary use in the study area is medical office, with complementary uses encouraged. The location of this character area covers the entire Old Dixie Node.

2.

Permitted Uses & Development Standards:

(A)

Medical and dental Offices.

(B)

Education/Research facilities.

(C)

Universities and other institutes of higher learning.

(D)

Libraries.

(E)

CSU Satellite campus for Continuing and Professional education program (after hours courses).

(F)

Urgent Care facilities.

(G)

Hotels (excluding extended stay hotels).

(H)

Retail sales.

(I)

Restaurants & cafés.

(J)

Hotels.

(K)

Residential (Single-family detached, mixed use and multi-family).

(L)

Health spas and fitness centers.

(M)

Doctor's offices and offices of other health care professionals.

(N)

Mixed Use with ground floor office and top floor residential.

(O)

Mixed Use with ground floor retail and top floor residential.

(P)

Art gallery and museums.

(Q)

Bank, credit union and other similar financial institution.

(R)

Sandwich shops.

(S)

Apparel sales.

(T)

Florist and gift shops.

(U)

Medical and dental laboratory.

(V)

Pharmacy and drugstore.

(W)

Personal, services establishments.

(X)

Retirement homes.

(Y)

Assisted Living facilities.

(Z)

Senior housing developments.

(AA)

Convalescent centers.

(BB)

Hospice care.

(CC)

Nursing homes.

(DD)

Medical based office.

(EE)

Live-work units.

(FF)

Neighborhood park.

(GG)

Schools of business, dance, music or similar instruction.

(HH)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(II)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Parking garage, deck and lot as primary use.

(B)

Standalone developments <2.0 acre.

(C)

Buildings with a height of less than two (2) stories.

4.

OD-MMX Medical Mixed Use Overlay District Standards:

Minimum Lot Area: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Width: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Depth: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 2 stories (with exceptions)

Floor Area Ratio: Minimum 1.0 units/acre (Minimum 15)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 30 feet, in accordance with the Overlay district standards

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

b.

OD-HTL Hotel District & Mixed Use Retail.

1.

OD-HTL Intent: The intent of this tier is to include a mixture of uses that will accommodate and capture interstate commuters, and domestic & international travelers.

2.

Permitted Uses:

(A)

Hotels (excluding extended stay hotels).

(B)

Medical and dental Offices.

(C)

Education/Research facilities.

(D)

CSU Satellite campus for Continuing and Professional education program (after hours courses).

(E)

Urgent Care facilities.

(F)

Hospitals.

(G)

Retail sales.

(H)

Restaurants.

(I)

Hotels.

(J)

Health spas and fitness centers.

(K)

Doctor's offices and offices of other health care professionals.

(L)

Mixed Use with ground floor office and top floor residential.

(M)

Mixed Use with ground floor retail and top floor residential.

(N)

Sandwich shops.

(O)

Apparel sales.

(P)

Medical and dental laboratory.

(Q)

Pharmacy and drugstore.

(R)

Personal, services establishments.

(S)

Medical based office.

(T)

Neighborhood park.

(U)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(V)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Parking garage, deck and lot as primary use.

(B)

Standalone developments <2.0 acre.

(C)

Buildings with a height of less than two (2) stories.

4.

OD-HTL Hotel Standards:

Minimum Lot Area: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Width: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Depth: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 2 stories (with exceptions)

Floor Area Ratio: Minimum 1.0 units/acre (Minimum 15)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 30 feet, in accordance with the Overlay district standards

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

c.

OD-MUR Mixed Use Residential.

1.

OD-MUR Mixed Use Intent: This character area is located west of Hollywood Drive and north of Holiday Boulevard, as well as on the west side of Tara Boulevard within the study area. Primarily residential in nature, this area will house retail and restaurants on the first floor to support the residents and connect to the adjacent mixed use medical uses.

2.

Permitted Uses:

(A)

Mixed Use with ground floor office and top floor residential.

(B)

Mixed Use with ground floor retail and top floor residential.

(C)

Business and professional office use.

(D)

Transit-Oriented Development.

(E)

Hotel/Resort.

(F)

Regional Retail Center.

(G)

Makers Space.

(H)

Art gallery and museums.

(I)

Bank, credit union and other similar financial institution.

(J)

Production studio.

(K)

Radio and television broadcasting station.

(L)

Cellular phone retailer.

(M)

Fitness and health centers.

(N)

Restaurants, entertainment and bars establishment.

(O)

Sandwich shops.

(P)

Apparel sales.

(Q)

Retail sales.

(R)

Medical and health services.

(S)

Medical and dental laboratory.

(T)

Pharmacy and drugstore.

(U)

Personal, services establishments.

(V)

Day spa as ancillary use.

(W)

Dry cleaners drop off, alteration and repair.

(X)

Quick copy, photographic studio.

(Y)

Supermarkets, with a footprint of less than 25,000 square feet.

(Z)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(AA)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Specialized non-degree school focusing on fine arts and culture, to include the ballet, music, martial arts, culinary arts, and sports medicine and therapy.

(B)

Movie theater, performing arts theater, bowling alley, and other recreational and/or cultural arts facility where such activities are wholly enclosed within a building.

(C)

Standalone developments <2.0 acre.

(D)

Buildings with a height of less than six (6) stories.

(E)

Pop-Up Shops, as a seasonal use.

(F)

Pet grooming and boarding establishment.

(G)

Standalone child day care facility and center.

4.

OD-MUR District Standards:

Minimum Lot Area: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Width: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Depth: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 2 stories (with exceptions)

Floor Area Ratio: Minimum 1.0 units/acre (Minimum 15)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 20 feet, or as approved per site plan

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

Maximum Lot Coverage: All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

5.

Prohibited Uses:

(A)

Drive thru restaurants.

(B)

Parking facilities not associated with a use.

(C)

Gas/service station.

(D)

Adult entertainment establishment.

(E)

Adult service facility.

(F)

Blood collection center.

(G)

Breeding kennel.

(H)

Check cashing establishment.

(I)

Pay day loan establishment.

(J)

Gold-buying establishment.

(K)

Heavy truck and equipment and materials storage.

(L)

Motel.

(M)

Outdoor equipment and materials storage.

(N)

Outdoor open flea market.

(O)

Pawn shop/Title Pawn.

(P)

Self-storage facility.

(Q)

Storage/salvage and junk yard.

(R)

Storage yard for damaged or confiscated vehicles.

(S)

Truck stop and terminal.

(T)

Automobiles, boats and trailers new and used sales.

(U)

Funeral home and crematory.

(V)

Self-service car wash and detailing.

(W)

Temporary and/or outdoor sales.

(X)

Automotive repair, major or minor.

(Y)

Automotive body and paint shop.

(Z)

Convenience store with or without fuel pumps.

(AA)

Standalone child day care facility and center.

(BB)

Transitional housing and similar housing facility not otherwise addressed in this section.

(CC)

Liquor store.

(DD)

Animal hospital, veterinary clinic, animal boarding, pet supply store, and animal grooming shop.

(EE)

Building and landscape contractor.

(FF)

Barber shop, beauty shop (Unless interior to a primary use).

(GG)

Computer repair and service.

(HH)

Jewelry repair service.

(II)

Shoe repair store.

(JJ)

Vocational school.

(KK)

Daycare, Private elementary, middle or high school.

(LL)

Community facilities as follows:

(MM)

Community center.

(NN)

Cultural facility.

(OO)

Non-commercial club or lodge.

(PP)

Standalone Business service establishment.

D.

OD-GRN Greenspace Greenway Park.

1.

OD-GRN Greenway Park Intent: The intent of the Gateway Park is to create a beautiful gateway focus while utilizing a slower walkable street, appropriate for restaurants and retail on the ground floor, with office and residential above. Gateway Park is envisioned on the strip of parcels between Tara Boulevard and Old Dixie Road.

2.

Permitted Uses:

(A)

Greenspace parks.

(B)

Neighborhood park.

(C)

Outdoor amphitheaters.

(D)

Medical and dental Offices.

(E)

Retail sales.

(F)

Restaurants.

(G)

Doctor's offices and offices of other health care professionals.

(H)

Mixed Use with ground floor office and top floor residential.

(I)

Mixed Use with ground floor retail and top floor residential.

(J)

Sandwich shops.

(K)

Personal, services establishments.

(L)

Other similar uses that are compatible with intent of the district must be vetted by the Director of Community Development, District Commissioner, and the Board of Commissioners Chairman.

(M)

Cannabidiol (CBD oil) sales.

3.

Conditional Uses:

(A)

Parking garage, deck and lot as primary use.

(B)

Standalone developments <2.0 acre.

(C)

Buildings with a height of less than two (2) stories.

4.

OD-GRN Development Standards:

Minimum Lot Area: 3 acres (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Width: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Depth: None (See Old Dixie Hwy.-Tara Blvd. Overlay District)

Minimum Lot Frontage: 50 feet on a public street with access from said public street

Sewer and Water: Requires connection to public water and sewer, no septic

Building Height: Minimum 2 stories (with exceptions)

Floor Area Ratio: Minimum 1.0 units/acre (Minimum 15)

Minimum Front Yard Setback: 0 feet, or as approved per site plan

Maximum Front Yard Setback: 0 feet, or as approved per site plan

Minimum Side Yard Setback: 0 feet, or as approved per site plan

Minimum Rear Yard Setback: 0 feet, or as approved per site plan

(Ord. No. 2018-129, § 1, 12-18-18; Ord. No. 2022-174, § 8, 8-16-22)

A.

Site design requirements.

1.

Building orientation along an adjacent street frontage shall be located toward the front of each lot at a setback not more than zero (0) feet from public right-of-way and may be a maximum of twenty (20) feet from the public right-of-way if used for public art, hardscape and/or sitting or dining areas. If a lot is bound by more than one (1) public street, the front of the lot shall be considered the lot line adjacent to the street with the highest classification. If the building is contained on a lot at the intersection of two (2) primary streets, the building's entrance shall be oriented towards one or both primary streets. For nonresidential uses, the primary ground floor entrance to all buildings shall be clearly visible from the street, internal private drive, or public sidewalk.

2.

All loading and service areas shall be screened from view from the street and adjacent residential uses with buildings, landscaping, or decorative fencing.

3.

All off-street parking shall be behind or within garages for residential units. Individual garages for units may not face a primary street.

4.

Fencing that is visible from any public plaza, open space, ground level or sidewalk level outdoor dining area, internal main private drive or public street or right-of-way shall be made only of brick, stone, hard-coat stucco, or wrought iron. No fencing allowed in the front yard of any property along a public right-of-way.

5.

No barbed wire, razor wire, chain-link fence or similar elements shall be allowed. Fencing materials for a detention area must be approved prior to installation by the Community Development Director.

B.

Buildings oriented to a front property line or public right-of-way shall be setback as follows:

1.

Minimum front setback: Zero (0) feet to a maximum of thirty (30) feet from the back of curb for all new development to include 10 foot maximum landscape buffer, 10 foot minimum sidewalk, 10 foot minimum supplemental zoned.

2.

Minimum interior side setback: Minimum setback from property line may be zero (0) feet, but if the property is adjacent to an existing building with windows facing the property line, the setback shall be a minimum of twenty (20) feet from the face of the existing building. In mixed-use developments, there shall be a minimum of ten (10) feet between buildings less than three (3) stories in height and a minimum of fifteen (15) feet between buildings when one (1) of them is three (3) stories or greater in height.

3.

Minimum rear setback: Ten (10) feet.

4.

All Life Safety and Building Codes shall be met to ensure safety of building occupants and patrons.

5.

All buildings shall comply with the applicable requirements of the Federal Aviation Administration (FAA) and Hartsfield-Jackson Atlanta International Airport (HJAIA).

C.

Development standards for nonresidential and mixed-use buildings. Ground-floor commercial and retail uses shall have entrances at grade or not more than one foot above or below grade with opening directly onto a public sidewalk or publicly accessible open space adjacent to the public sidewalk.

D.

Development standards for residential buildings. Ground-floor residential units that adjoin a street shall have entrances with a stoop or porch between the sidewalk and the building façade no less than two (2) feet above grade. A sidewalk shall connect the ground floor front entrance to the public sidewalk.

E.

Transitional height requirement. Where a lot within the Overlay District adjoins the boundary of any property outside the District that is zoned for any mixed-use residential zoning classification, a transitional height plane of forty-five (45) degrees shall apply. The Community Development Director may require an applicant to use staggered heights, greater setbacks, and enhanced buffers, when the project is adjacent to residentially-zoned properties.

F.

Publicly accessible open space requirements.

1.

A minimum of twenty (20) percent publicly accessible open space shall be provided for each new development site/parcel. Publicly accessible open space areas may be transferred from one parcel to another within overall developments that remain under unified control of a single property owner or group of owners, but must demonstrate interconnectedness of public areas.

2.

Publicly accessible open spaces shall be at grade, and directly accessible from a public sidewalk or building entrances.

3.

Publicly accessible open space that is provided as part of a new development shall include connectivity to any existing or planned nearby public amenity including, but not limited to, trail networks, greenspace or park facility.

4.

Publicly accessible open spaces may include any combination of the following: accessible landscaped areas, water features, fountains, parks, plazas, trails, paths and hardscape elements which are connected to sidewalks and plazas, and similar features.

5.

Private courtyards, patios and other private outdoor areas and amenities shall not be counted toward the twenty (20) percent publicly accessible open space requirement.

6.

All open space including buffers, setbacks, sidewalk clear zones, sidewalk zones and open spaces shall be fully implemented prior to issuance of a certificate of occupancy for the primary development.

7.

As a part of the application for a building permit within the District, each applicant shall present a legal mechanism under which all land to be used for publicly accessible open space purposes shall be maintained and protected. Such legal mechanism may include deed restrictions, property owner associations, common areas held in common ownership or control, maintenance easements, or other legal mechanisms, provided that said legal mechanism shall be approved by the county attorney to ensure compliance with each of the following mandatory requirements:

8.

All subsequent property owners within said District shall be placed on notice of this development restriction through the deed records of Clayton County Superior Court;

9.

All publicly accessible open space held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the county;

10.

A legal mechanism must be provided for notice of deficiencies in maintenance of the publicly accessible open space held in common, correction of these deficiencies, and assessment and liens against the properties for the cost of the correction of these deficiencies by a third-party or the county;

11.

The property owners association shall provide the following:

(A)

Mandatory and automatic membership in the property owners' association as a requirement of property ownership;

(B)

A fair and uniform method of assessment for dues, maintenance and related costs;

(C)

Where appropriate, party wall maintenance and restoration in the event of damage or destruction; and

(D)

Continued maintenance of publicly accessible open space held in common and liability through the use of liens or other means in the case of default.

12.

Categories of Open Space. Open space required in the designated Overlay District shall be held under unitary ownership or control and shall consist of any of the following three categories of land:

(A)

Primary conservation area. This category includes streams; wetlands designated by the national wetlands inventory; 100-year floodplain, as identified on federal insurance rate maps; steep slopes exceeding 25 percent; areas of exposed rock; and private cemeteries and burial grounds. These areas shall be left in a natural and undisturbed state, except for the fewest possible perpendicular crossings of essential access roads and utility lines.

(B)

Secondary conservation area. This category includes land in water supply watersheds; aquifer recharge areas identified in the Clayton County Comprehensive Plan; riparian and wetland buffers that are over 25 feet in width; significant habitat areas, as identified in the Clayton County Comprehensive Plan; areas containing archaeologically or historically significant structures or sites, as identified in the Clayton County Comprehensive Plan; and related contextual areas, soils unsuitable for septic tanks, prime agricultural soils, mature hardwood forest, meadows, farm fields, pastures and other areas with scenic views.

(C)

Outdoor recreation area. This category includes greenways, trails, bikeways, paths, tennis courts, ball fields, playfields, courts, golf courses, swimming pools, clubhouses, bicycle facilities, equestrian facilities, beaches, docks, seating areas, amphitheaters, stages, band shells, community buildings, fountains, plazas, patios, decks, lawns, picnic shelters and picnic areas, landscaping and other land containing outdoor recreation structures and facilities. Lakes and ponds are allowed in outdoor recreation areas, but their surface area shall not be counted as open space.

(D)

Public park space. This category consists of the Tier 3: Greenspace area meeting the following criteria:

i.

Shall provide active and/or passive recreational amenities visible and accessible from any point along 90 percent of any adjacent sidewalk.

ii.

Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the parcel excluding fountains, pedestrian furniture, public art and similar elements.

iii.

Shall be designed in accordance with the requirements for sidewalks.

iv.

Shall be open to the public during all daylight hours.

v.

Shall be continuously well maintained by a designated agent for such maintenance.

(Ord. No. 2018-129, § 1, 12-18-18)

Public rights-of-way within the Overlay District shall be improved in accordance with the following standards:

A.

Street standards. Street standards shall be designed in accordance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines.

B.

Multi-use paths.

1.

No motorized vehicles.

2.

Maximum grade of 6 percent.

3.

20-feet wide dedicated easement.

4.

12 feet wide and concrete construction.

5.

Shoulder width variable, based on topography.

6.

5-feet flare at street intersections, with ramp to street and removable bollards spaced 6 feet apart to block motorized traffic. The Sight Visibility Standards (SV) of Article 6.27 must be maintained.

7.

Multi-use paths shall be located outside all required buffers, except that a required buffer may contain one or more crossings of a multi-use path provided that such crossing:

(A)

Is part of an approved multi-modal access plan required in Article 4.11 of this Ordinance.

(B)

Is approximately perpendicular to the required buffer.

(C)

Is designed to have the least disruption to the intended screening provided by the required buffer.

8.

Multi-use paths shall be required in order to facilitate pedestrian access from residential and non-residential developments to schools, parks, playgrounds and other County amenities via the multi-use path system. If, at the time of conceptual approval, there are no completed multi-use paths to which the multi-use paths of the proposed developer can be linked, the developer may, at its option, and only with the approval of the Community Development Director, in lieu of installing the multi-use paths, dedicate the easements and deposit a cash payment with the Board of Commissioners equal to the cost of installing the multi-use paths. This cost shall be determined by the County engineer. Such deposit shall be placed in a multi-use path construction fund to be established by the Board of Commissioners. When the multi-use system is extended t33o the boundary of the development, the Board of Commissioners will use the deposit to construct the multi-use paths in the development.

C.

Sidewalk requirement. There shall be a public sidewalk constructed along all public street frontages in compliance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines and the following standards:

1.

All sidewalks shall have a minimum width of 8 feet along all public roads except along roads classified as major arterial (Tara Boulevard and Old Dixie Highway), a minimum sidewalk width of 10 feet shall be provided.

2.

There will be an additional 10 foot minimum supplemental zone for pedestrian access, which should be located within the 40 foot setback from the back of cure for all new development with the overlay district.

3.

Safe and convenient pedestrian pathways/sidewalks must be provided to connect building entrances and public open spaces to required sidewalks along street frontages including pedestrian access routes to parking decks, parking lots and between buildings. All such pathways shall be concrete, brick or stone except in Tier 3 OD-GRN where paths and trails may be constructed of natural materials.

D.

Street trees.

1.

Street trees shall be provided in medians and required landscaped strips adjacent to all street rights-of-way.

2.

Landscape strips along any collector and arterial roadways shall be a minimum of 10-feet wide. Landscape strips along local roads shall have a minimum width of 5-feet.

3.

Street trees shall have a minimum 6-inch caliper or greater and 6 feet in height at the time of planting and be maintained by the developer for a period of 2 years.

4.

Street trees shall be spaced an average of 25—50 feet apart and alternate with streetlights.

5.

Spacing of street trees and streetlight standards may be adjusted to account for driveways, utility poles, fire hydrants and other obstructions and to provide adequate visual clearance for intersections, driveways and traffic control devices.

6.

No street tree or streetlight standard shall be placed within 10 feet of another tree, streetlight standard, utility pole or within 5 feet of a fire hydrant.

7.

Appropriate street tree species include:

(A)

Eastern Hornbeam.

(B)

Red Maple.

(C)

Southern Sugar Maple.

(D)

Willow Oak.

(E)

Other trees similar to the above and suitable for urban pedestrian environment, upon approval of the County Arborist or his/her designee.

(F)

No more than 25 percent of the total number of the trees installed may be of any one genus.

E.

Landscaping.

1.

Medians and landscaped strips shall be planted with grass and a variety of low, hardy shrubbery and flowering plants, and/or flowering trees with mulched beds. Areas of exposed earth shall not be allowed. Landscaping and Newly planted trees shall be approved by the County Arborist or his/her designees.

2.

Maintenance. All landscape materials required by this article or other article of the Zoning Ordinance shall be maintained by the property owner or Property Owners' Association. Such maintenance shall keep landscape materials healthy, neat and orderly in appearance, and free of litter and debris. Landscape materials that die or that, in the opinion of the County Arborist or his/her designee, are diseased shall be replaced by the property owner or Property Owners' Association.

F.

Buffer yard.

1.

Where a lot on the external boundary of the Old Dixie Hwy.-Tara Blvd., the Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any residential zoning classification and/or residential use, a buffer yard not less than 50 feet in width shall be provided and maintained in a natural state or so as to maintain an effective visual screen.

2.

Where a lot on the external boundary of the Old Dixie Hwy.-Tara Blvd., the Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any non-residential zoning classification and/or non-residential use, a buffer yard shall be planted as identified within Article 6.35. Buffer Yard Standards (BY).

3.

Said buffer yard shall not be paved and shall not be used for parking, loading, storage, or any other use, expect where necessary to grade or modify a portion of the yard buffer for the installation of utilities necessitated by the development. Water detention ponds shall not be located within buffer yard. No trees, other than dead or diseased trees, shall be removed from said buffer yard, but additional trees and plant material may be added to the buffer yard.

G.

Street furniture zone requirements. Said zone shall be continuously located immediately adjacent to curbing and shall meet tree planting requirements of section this ordinance. The area between such tree planting areas shall either be planted with evergreen ground cover such as mondo grass or a liriope species or shall be constructed of plant materials approved by the Community Development Department. In addition, this zone may be used for street furniture coordination with the Transportation & Development Department. This furniture may include trash receptacles, traffic signs, bus shelters, bicycle racks, benches, tree fencing, and utility poles (where allowed) or similar elements in accordance with uniform design standards utilized for the placement of such objects in the public right-of-way in a manner that does not obstruct pedestrian access or motorist visibility.

H.

Street and pedestrian lighting.

1.

Streetlights of a decorative design, consistent with Clayton County Department of Transportation and Development standards shall be provided for automobiles on all roadways.

2.

Additional lighting of a decorative design approved by the Community Development Director shall be provided for pedestrians and bicyclists along all public streets and along all multi-use trails. These lights shall be a maximum of 15 feet in height with average spacing not to exceed 40 feet apart. When design standards call for pedestrian lighting in the same proximity as the streetlights required in this subsection, a streetlight for automobiles may substitute for lighting for pedestrians that would otherwise be required at approximately the same location.

3.

Streetlights that are approved by the Community Development Department are required to be installed within the street furniture zone spaced equidistant between required street trees as specified in the in this overlay.

I.

Underground Utilities.

1.

For all new construction and redevelopment, utilities along public streets must be placed underground.

2.

All new utilities in the District, except for major electric transmission lines and Development Director determines that underground utilities are not feasible due to pre-existing physical conditions, such as conflicting underground structures or utilities, shallow rock, high water table, or other similar geologic or hydrologic conditions.

J.

Detention Requirements. All developments must comply with the Stormwater Regulations of the Clayton County Water Authority.

K.

Street and inter-parcel access (connectivity).

1.

Streets. Streets within the District may be either private drives, public or private streets. Private streets shall comply with the requirements of public streets found in all other applicable provisions of the Code.

(A)

New streets must connect two other streets unless natural site conditions make such connection impossible.

(B)

Cul-de-sac streets are prohibited.

(C)

Street block sizes is 400-600 feet maximum.

2.

Inter-parcel access. Sidewalks and parking lots serving properties shall be interconnected to provide continuous driveway connections and pedestrian connections between adjoining uses, lots and streets. Where necessary, Clayton County may require access easements be provided to ensure continuous access and egress routes connecting commercial, office and mixed use developments. Inter-parcel access, joint driveways, cross-access drives and access easements all intended to provide shared access across adjacent properties shall be provided as follows, except where the Director of Transportation and Development determines that they are unfeasible because of topographic or other site-specific constraints:

(A)

Abutting non-residential developments on collector and arterial roadways shall provide a cross-access drive and sidewalk access to allow circulation between sites.

(B)

Joint driveways and cross access easements shall be established for multi-parcel, nonresidential and mixed use development wherever feasible along collector and arterial roadways. The building site shall incorporate the following:

i.

Continuous cross-access drives connecting adjacent parcels along the thoroughfare.

ii.

A design speed of 15 mph and a two-way travel aisle with a minimum of 20 feet to accommodate automobiles, service vehicles and loading vehicles.

iii.

Driveway aprons, stub-outs and other design features to indicate that abutting properties may be connected to provide cross access via a service drive.

3.

The Director of Transportation and Development may reduce the required separation distance of access points where the minimum required distance proves impractical, provided all of the following requirements are met.

(A)

Joint-access driveways and/or cross-access easements are provided in accordance with this section.

(B)

The site plan incorporates a unified access and circulation system for vehicles and pedestrians in accordance with this section.

L.

Electric vehicle charging infrastructure. A minimum of one (1) electric vehicle charging station shall be provided for all new developments that have 100 parking spaces or more.

1.

Electric Vehicle (EV): An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current which is charged by being plugged into an electrical source. For the purpose of this ordinance, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not included, an automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current which is charged by being plugged into an electrical source.

2.

Electric Vehicle Supply Equipment (EVSE): The conductors, including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

3.

Electric Vehicle Supply Equipment (EVSE) infrastructure: The equipment, as defined by the National Electrical Code, which is provided to support future electric vehicle charging. This shall include, but not be limited to: the design load placed on electrical panels and service equipment to support the additional electrical demand, the panel capacity to support additional feeder / branch circuits, the installation of raceways, both underground and surface mounted, to support the electrical vehicle supply equipment.

4.

Plug-In Hybrid Electric Vehicle (PHEV): An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current which is charged by being plugged into an electrical source, and having a second source of motive power such as gasoline or diesel.

5.

All new commercial, office, industrial and mixed use developments, as regulated by the International Building Code, are required to provide EVSE infrastructure to accommodate the future installation of Electric Vehicle Supply Equipment. The infrastructure shall be provided per this section.

(A)

The EVSE infrastructure shall be installed per the requirements of the current edition of the National Electrical Code (NFPA 70) as adopted and amended by the State of Georgia for enforcement by Clayton County.

i.

The off-road parking provided for buildings containing commercial, office, industrial and mixed use occupancies shall have EVSE infrastructure installed at the parking spaces dedicated for the use of the building.

ii.

The ratio of electric vehicle parking spaces to non-electrical vehicle parking spaces shall be 1:5 and only applies to the total new parking spaces.

iii.

Designated dual-port EVSE may be dual-usage for ADA accessible EV charging spaces and non-ADA accessible EV charging spaces with ADA compliant hardware. The use of the space for accessible parking takes precedence over the need to use this space for EV charging.

(B)

All new off-road parking, or the expansion of existing off-road parking for buildings supporting commercial, office, industrial and mixed use occupancies shall include EVSE infrastructure based on the total number of parking spaces established in subsection (b).

(C)

The EVSE infrastructure shall include a raceway, which is continuous from the branch circuit / feeder panel location to the future PHEV / EV parking space. The raceway shall be sized and installed per the National Electrical Code; however, in no case shall the EVSE infrastructure raceway be less than 1" (one inch) in size. The EVSE infrastructure raceway shall include a pull rope or line installed for future conductor installation, with the raceway sealed and labeled for future use.

(D)

The electrical equipment room, when provided for new commercial, office, industrial and mixed use developments occupancies must have a dedicated space for the future installation of EVSE. This space shall be identified on all construction documents submitted for review, and the dedicated space shall not allow for violation of the National Electrical Code prescriptive requirements regulating working space clearances around equipment, or violation of the National Electrical Code prescriptive requirements governing the entrance to and egress from electrical equipment working space.

(E)

During construction of the electrical equipment room, all raceways installed for the EVSE infrastructure shall terminate at the space dedicated for the future EVSE installation.

(F)

Prior to the final electrical inspection approval, the space dedicated within the electrical equipment room for the future EVSE installation shall have the wall stenciled or marked legibly with the following text: "FUTURE ELECTRIC VEHICLE CHARGING EQUIPMENT AND PANELS".

(G)

The proposed placement and installation of EVSE infrastructure or equipment shall not allow for any violation of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101).

(H)

The placement of EVSE shall not create a trip hazard or violation of the accessible path of travel when the cord is connected to an EV or PHEV.

M.

Design standards and other criteria for electric vehicle parking and charging facilities. The following design criteria apply to electric vehicle parking and electric vehicle supply equipment ("EVSE") where provided for the use of the general public as a part of off-street parking:

1.

Electric vehicle parking and charging stations, should be equal to parking space size and performance standards as provided in these regulations. The installation of an EVSE should not reduce the electric vehicle charging station's length to below the size and standards required.

2.

Criteria for electric vehicle parking and charging stations in off-street parking facilities

(A)

Installation of EVSE shall meet National Electric Code, as it may be from time to time amended;

(B)

EVSE must be mounted on the wall or on a structure at the end of the space provided and shall be placed at least four and one-half feet above the parking surface of the space. No charging devices may be placed within the dimensions of a space on the sides or entrance to a space

(C)

EVSE mounted on structures such as pedestals, lighting posts, bollards, or other device shall be located as to not impede pedestrian travel or create trip hazards.

(D)

Way finding signs, if installed, shall be placed to effectively guide the motorists to the electric vehicle parking space and/or charging station. Private regulatory signage shall be placed in a manner that shall not interfere with any parking space, drive lane or exit.

(E)

Each electric vehicle charging stations and parking spaces for which any parking incentive was granted shall be reserved for use as an electric vehicle charging station or as electric vehicle reserved parking. If time limits or usage requirements for are to be enforced by vehicle immobilization or nonconsensual towing, the posting of signage that complies with the requirements of the County Code applicable to vehicle immobilization or non-consensual towing shall be observed. Vehicle immobilization or non-consensual towing may be enforced for electric vehicle charging stations and parking spaces by the owner or operator of the parking spaces even which no parking incentive was granted.

(F)

Electric vehicle charging stations and parking spaces for which any parking incentive was granted shall be operational at all times. When an electrical vehicle parking station is not operational for 14 consecutive days, it shall be considered to have been removed from service. The failure to maintain the number of electric vehicle charging stations and parking spaces shall be cause to require the installation of the number of parking spaces required by the district regulations.

(G)

A phone number or other contact information shall be provided when the station is not functioning in a manner that allows electric vehicles to be charged.

3.

Criteria for electric vehicle parking and charging stations on private streets

(A)

On-street parking spaces designated and equipped to be electric vehicle charging stations spaces for which any parking incentive was granted on private streets shall be for the exclusive purpose of electric charging.

(B)

For the purpose of reducing cable management issues and placing the electric vehicle charging station closer to crosswalks and curb ramps, such charging stations shall be installed to use the last space on a block face in the direction of travel wherever possible.

(C)

In perpendicular or angle parking configurations, electric vehicle supply equipment should be centered, or to the left, in front of the electric vehicle charging station for single connectors, and placed between two electric vehicle charging stations for dual connectors.

i.

EVSE must be mounted on the wall or on a structure at the end of the space provided and shall be placed at least four feet above the parking surface of the space. No charging devices may be placed within the dimensions of a space on the sides or entrance to a space

ii.

EVSE mounted on structures such as pedestals, lighting posts, bollards, or other device shall be located as to not impede pedestrian travel or create trip hazards

(D)

Where a variation is grated to allow the electric vehicle charging station in parallel parking configurations, EVSE should be installed near the front of the electric vehicle charging station based on the direction of travel.

(E)

When electric vehicle supply equipment is placed in a sidewalk or walkway adjacent to the on-street electric vehicle charging station, it should not interfere with the minimum pedestrian clearance widths of the American Disability Act Standard, as it may be from time to time amended.

(F)

When cords and connectors are not in use, retraction devices or locations for storage shall be located sufficiently above the pedestrian surface and the parking lot as to reduce conflicts with pedestrians and vehicle maneuvering. Cords, cables, and connector equipment shall not extend across the path of travel in any sidewalk or walkway.

4.

Signage: The signage associated with electric vehicle charging stations and the reservation of parking spaces for electric vehicles shall be considered incidental signs as defined in the Sign Ordinance. Incidental signs may contain only information and directives concerning the use of the electric vehicle charging stations and the reservation of parking spaces for electric vehicles. No commercial message shall be allowed to be displayed on an incidental sign associated electric vehicle charging stations and the reservation of parking spaces for electric vehicles although the name of the manufacturer or installer of the station may be displayed on the equipment installed at the stations. Where any text or logo other than that contained in this subsection is necessary to provide the general public with information on the operation of the electric vehicle charging stations, a sign permit shall be required. The following signs are allowed without a sign permit.

(A)

General service signs. An EV general service sign may be displayed without an associated advance turn and direction arrow but no advance turn and direct arrow may be displayed without an EV general service sign. These signs should be no smaller than 12-inch by 18-inch and no larger than 18-inch by 124-inch. The bottom of sign shall be seven feet above ground

(B)

Private regulatory mounted signage. One private regulatory sign may be located on each space and must be placed to conform to the design guidelines for parking spaces

(C)

On-space striping: the following on space striping is permitted in lieu of or in addition to a mounted private regulatory sign.

5.

Minimum landscaping requirements for surface electric vehicle parking and charging station lots. The requirements of Clayton County Code of Ordinances, Vegetation and Tree Protection parking lot requirements shall apply to electric vehicle charging stations spaces in addition to the street tree planting requirements, with additional requirements as follows:

(A)

All parking bays shall be terminated with a landscape strip a minimum width of five feet and equal to the length of the parking bay.

(B)

All required landscaped areas shall be planted with evergreen groundcover or shrubs with a maximum mature height of 30 inches; and

(C)

All required landscaped buffer strips, regardless of length, shall have a minimum of one tree planted per 30 feet of length with a minimum caliper of two and one-half inches.

(D)

Existing parking lots shall not be required to reduce the number of parking spaces by more than three percent as a result of implementing the following surface parking lot landscaping regulations.

6.

Where EVSE is being used exclusively for the charging of vehicles for commercial or industrial uses and is not being made available for the general public, the installation of such equipment shall not be required to meet the criteria for parking spaces made available to the general public but shall be required to be installed to meet National Electric Code, as it may be from time to time amended.

N.

Incentives for Electric Vehicle Charging Stations & Parking.

1.

Incentive for electric vehicles charging stations and parking. Where off-street parking is required to be provided or where the off-street parking requirement is being met by parking on a private street, each electric vehicle charging station, as defined in this overlay, shall be counted as a parking space and shall reduce the required parking by five (5) additional parking spaces; provided however that a total of no more than ten percent of the number of off-street parking spaces required by the district regulations for the entire parcel shall be allowed to be reduced by the use of this incentive. Where at least two electric vehicle charging stations are provided, the ten percent reduction incentive may be accomplished by providing electric vehicle only parking spaces provided however that the number of electric vehicle only parking spaces to be counted for the incentive shall always be correlated to the number of electric vehicle charging stations.

(A)

The provisions of this section shall apply to any required parking and may be used to reduce the degree of nonconformity of parcels with nonconforming parking.

(B)

Electric vehicle parking spaces shall be reserved for the exclusive parking of an electric vehicle.

(C)

Electric vehicle charging stations shall be reserved exclusively for the charging and parking of a vehicle that is connected to the EVSE for electric charging purposes.

(D)

When an electric vehicle charging station is removed or becomes inoperable for more than fourteen consecutive days, the parking reduction granted by this section shall no longer remain in effect and the required parking shall be provided.

(E)

The incentive provided by this section shall be granted by special administrative permit.

i.

As a part of the application, the site plan for the parking spaces where the electric vehicle charging station or electric vehicle parking is to be located shall be provided.

ii.

The special administrative permit shall at all times be conditioned on the electric vehicle charging station or electric vehicle parking meeting the design standards and other criteria for electric vehicle parking and charging facilities set forth in this part.

iii.

Failure to maintain the conditions of the special administrative permit shall be cause to revoke the incentive and require the installation of the parking required by the district regulations.

(Ord. No. 2018-129, § 1, 12-18-18)

A.

The following architectural regulations shall apply to all structures within the District and the architectural style within the District shall be consistent with the District Design Guidelines:

1.

All building facades visible from a public street shall consist of eighty (80) percent brick, textured concrete masonry, stone, glass, finished masonry materials or hard coat stucco, or a combination thereof.

2.

Office buildings must utilize architectural concrete and glass façade, facing a public right-of-way.

3.

Architectural accents, where utilized, shall consist of metal, non-reflective glass, glass block, natural stone, pre-cast concrete, brick, terra cotta, stucco, hardi-plank or wood.

4.

Non-primary walls visible from residential uses, public open spaces, outdoor patios, pedestrian paths, roadways or parking areas shall incorporate changes in building material/color or varying design.5. Mixed-use developments with ground floor non-residential uses shall provide fenestration that is comprised of sixty (60) percent of the width of the front façade of the building at the ground level.

6.

Relationship of building to street.

(A)

For purposes of this chapter, sidewalk-level shall be defined as any floor of a building with a finished-floor elevation less than or equal to five feet above the adjacent sidewalk or less than or equal to five feet below the adjacent sidewalk.

(B)

Building floors shall be delineated at third story above sidewalk level and lower and shall be executed through windows, belt courses, cornice lines or similar architectural detailing.

(C)

The primary pedestrian entrance for pedestrians to access all uses with street frontage:

i.

Shall face and be visible from the street. When located adjacent along Tara Boulevard or Old Dixie Highway, said entrance shall face and be visible from said street.

ii.

Shall be directly accessible and visible from the sidewalk.

iii.

Shall remain unlocked during business hours for nonresidential uses.

(D)

A street address number shall be located directly above the primary building entrance, shall be clearly visible from the sidewalk and shall be a minimum of six inches in height.

(E)

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

i.

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. Said pedestrian walkway shall be perpendicular to the street and shall be permitted to share said walkway with one adjacent unit.

ii.

All such buildings with more than four residential units that are adjacent to the sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk. All pedestrian walkways providing such access shall be perpendicular to the street and shall be permitted to share said walkway with no more than one adjacent unit.

iii.

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

(F)

Sidewalk arcades. Buildings with non-residential uses at the sidewalk level may have sidewalk arcades, which shall meet the following regulations:

i.

Shall provide an at grade sidewalk surface.

ii.

Arcade supports shall be a maximum width of five feet.

iii.

Shall provide a minimum of 25 feet of clear unobstructed space between arcade supports.

7.

The building wall along street facing ground floors shall be comprised of at least 60% of glass along the ground floor.

8.

Canopies over entrances and/or windows shall be mounted at a single consistent height for each building and shall comply with the District Design Guideline requirements for canopies.

9.

A minimum of sixty (60) percent of the ground-floor facade of non-residential windows shall be clear or tinted so that at least seventy (70) percent of light filters through the window.

10.

Roof materials shall not consist of any reflective surfaces.

11.

All materials shall be earth-tone in color, and shall be similar throughout the development, or as approved by the Overlay Design Review Committee.

12.

Burglar bars and steel roll down doors or curtains shall not be visible from any public street. If burglar bars are utilized they shall be artistic or decorative on the side or rear doors or windows as approved by the Overlay Design Review Committee. See Figure 1.0 below.

Figure 1.0 Example of Artistic/Decorative Burglar Bars

13.

Loading bays shall be designed so that doors or openings are not visible from a public street.

(A)

Dumpsters shall not be visible from any public street and shall be fenced or screened not to be visible from any public areas including public parking areas or adjacent residential development. Screening materials shall be finished to be compatible with the color and finished exterior of the primary building it serves.

(B)

Fabric and canvas awnings and all other building materials must be of durable quality and shall be of compatible materials used in the development. Metal or temporary awnings are not permitted.

(C)

Temporary structures such as tents, trailers, and mobile structures are prohibited. except for a permitted temporary use under an allowable permit.

(D)

Accessory Structures. Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

(E)

Roof Top Equipment. All roof-top equipment shall be screened from public view by parapets, dormers or other screens.

(F)

Parking decks shall not exceed the height of the tallest adjacent building within the development.

(Ord. No. 2018-129, § 1, 12-18-18)

A.

Color patterns, and quality of materials shall create a unified building form.

B.

Provide a common height for ground floor window facades, a minimum of ten feet (10').

C.

For buildings with multiple stories, use materials and features to define the ground floor and add visual interest. Windows, display areas, canopies, awnings, wall art, and other architectural features integral to the building are encouraged.

D.

Building entrances should be defined and articulated by architectural elements such as lintels, pediments, columns, and other design elements appropriate for the architectural style.

E.

Roof lines along buildings four (4) stories or less should have architectural details along the height plane to provide variations to the roof line.

F.

Light fixtures affixed to building facades shall be designed to coordinate with the overall building architecture.

G.

Lighting should be used to highlight distinctive features of a building.

H.

Parking structures that have walls visible from a public street shall have wall treatments that compliment the buildings it serves and shall have an appearance that fit the character of the associated development. The structure shall not exceed the height of the tallest adjacent building within the development.

(Ord. No. 2018-129, § 1, 12-18-18)

A.

Master Signage Plans are required for all land development within the Overlay District, as described in Article 4.11. Signs shall be required as in Article 8, Sign Regulations, of this Zoning Ordinance. All signs in the District shall comply with all applicable provisions of the Code as follows:

1.

Signs shall be designed in compliance with the applicable requirements in the overlay district.

(A)

All ground signs shall be a monument-style sign with a base and support members made of brick, stucco or stone consistent with the materials of the primary business or structure.

(B)

All monument signs, and/or a building's front façade facing a public or private street, or private drive shall have the address numbers visible from the street or drive, and the individual numbers shall not exceed eight (8) inches in height unless incorporated in sign face design. Address numbers less than eight (8) inches in height shall be excluded from the maximum allowed sign area.

(C)

Each non-residential single tenant lot with a floor area greater than 50,000 square feet shall be permitted one monument sign per public street frontage. The sign area (face) of the monument sign shall not exceed thirty-two (32) square feet and the sign structure shall not exceed ten (10) feet in height.

(D)

Each lot or development with multi-tenants/mixed-use shall be permitted one monument sign per public street frontage. The sign area of the monument sign shall not exceed thirty-two (32) square feet and the sign structure shall not exceed ten (10) feet in height.

(E)

Mixed use developments shall be permitted one monument sign for each street frontage. One additional monument sign may be allowed for each entrance from a street or drive that is internal to the mixed use development. The monument sign area shall not exceed sixteen (16) square feet and a maximum height of six (6) feet.

(F)

Signage located on buildings shall be designed to be integrated into the building and overall façade.

(G)

Each separate business front façade with an external public entrance may have a maximum of one (1) wall sign which shall not exceed an area of five (5) percent of the area of the façade of the ground floor of the building or seventy-five (75) square feet, whichever is less. Interior tenant space within a business of at least 50,000 square feet may have an additional wall sign area not to exceed a total of five (5) percent of the area of the façade of the ground floor of the building or one hundred (100) square feet, whichever is less.

(H)

Signs may be externally or internally illuminated. Monument signs shall only be externally illuminated with ground lights at the base of the monument sign.

(I)

No Window Signs other than payment methods, days and hours of operation. Temporary decals, placards, posters and advertisements are prohibited from being placed on the face of exterior walls or windows where it may be seen from the exterior.

(J)

Wall mounted sign shall be channel cut letters applied directly to the building façade.

(K)

Attached Canopy and Awning sign area shall be deducted from the permitted wall sign area.

(L)

Sign placement, lettering and massing shall be limited as follows:

i.

Monument sign structures shall not be two and a half (2 1/2) times the size of the sign copy area unless incorporated into a building wall or perimeter wall/fence structure.

ii.

Sign lettering shall be opaque and consist of block lettering in which individual letters are proportional in size to the overall size of the store wall or distance from the right-of-way, but in no event shall individual letters and/or logo copy area exceed the heights of the store wall or distance from the right-of-way.

iii.

Projected signs are encouraged for identification purposes on buildings and shall be perpendicular to the sidewalks.

2.

The following types of signs are prohibited in the District:

(A)

Motorist Distractions. Signs that incorporate flashing lights or beacons, highly reflective materials, rotating graphics, motion, smoke or visible matter, noise or changeable copy, that is copy that changes at intervals of more than once every six seconds, are prohibited.

(B)

Roof signs. Signs that are placed on or above roofs, penthouses, mechanical equipment screens, and other like structures and any signs that extend above the building parapet or roof fascia line.

(C)

Signs that are placed on vehicles or trailers that are not in regular use and are visible from a public right-of-way or major internal private drive.

(D)

Pole signs and other signs with exposed structural supports that are more than three (3) feet in height and have post supports larger than two (2) inches in diameter or a total of four (4) square inches in cross-section area.

(E)

Vacuum- molded or pre-manufactured signs. LED lighted signs or features

(F)

Temporary Signs. Banners, streamers, pennants, flags, wind banners, air/gas filled balloons, portable signs, string lights, laser lights and search lights except as approved as a part of a permitted temporary festival or event.

(G)

Flashing, animated, marquee, sound emitting, fluorescent, rotating or otherwise moving signs are prohibited.

(Ord. No. 2018-129, § 1, 12-18-18)

A.

Required parking may be provided through a combination of off-street, on street, or shared parking provided that all required parking is located with seven hundred (700) feet of the principal entrance of the building which it is intended to serve. The minimum number of required parking spaces shall be as required by the underlying zoning district classification regulations, except as follows:

1.

Retail uses, personal service uses, and other commercial and general business uses including food stores. Minimum of four (4.0) spaces per one thousand (1,000) square feet of gross floor area.

2.

Office and clinic uses. Minimum of three (3.0) spaces per one thousand (1,000) square feet of gross floor area.

3.

Hotel and motel uses. Minimum of one (1.00) space per unit.

4.

Multifamily residential uses. Minimum of one and one-quarter (1.25) spaces per dwelling unit.

B.

Required residential parking shall be segregated from parking for all other uses with the exception of additional parking provided for live/work units.

C.

Each development which provides automobile parking facilities shall provide bicycle parking facilities in on-site parking structures, parking lots, or within a designated area of the landscape zones adjoining the sidewalk. Non-residential developments shall provide bicycle parking at a ratio of one (1) bicycle parking space for every twenty (20) vehicular spaces. Multifamily residential developments shall provide bicycle parking facilities at a minimum ratio of one (1) bicycle parking space for every five (5) multifamily units. No non-residential or multifamily development shall have fewer than three (3) bicycle parking spaces nor exceed a maximum of fifty (50) bicycle parking spaces.

1.

Bicycle parking. All uses that are required to provide off-street parking spaces for motorized vehicles shall also provide bicycle parking space. Uses that require up to 25 off-street parking spaces for motorized vehicles shall provide at least one bicycle space, plus a minimum of one more bicycle space for each additional 50 parking spaces required for motorized vehicles.

D.

All off-street parking including surface lots and parking decks shall be located in the side or rear yards.

E.

Off-street parking shall be screened from view from any public street by buildings, decorative walls/fences, and/or landscaping. Off-street parking may not be located between the public street and the building's front facade. If a lot is bound by more than one (1) public street, the front of the lot shall be considered the yard adjacent to the street with the highest classification.

F.

Any portion of a parking deck that is adjacent to a public street shall have the ground level developed with retail, office or other permitted uses on and ground floor entrances oriented toward the street frontage. Any upper stories of a parking deck that face a public street shall be finished to resemble office or residential buildings with fenestration compliant with materials permitted in this division. Landscaping may be appropriate as an alternative, subject to prior approval of the Community Development Director.

G.

No parking or yard area may be used for the repair, dismantling, service, car wash or storage of any equipment or disabled vehicle.

H.

Parking facilities within any parcel may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily when the remaining uses are not in operation, so that the off-street parking requirements for each use are met or exceeded during said use's operational hours.

1.

Parking lot landscaping requirements. All parking lots within the District shall be landscaped in conformity with the requirements of this Code.

i.

Off-street loading shall be required as in Article 6.33, Loading Standards (LS), of this Zoning Ordinance, except as provided below.

1.

Buildings with more than 5,000 sq. ft. of commercial, retail, services or professional offices shall provide a minimum of one off-street loading space.

2.

Buildings with more than 25,000 sq. ft. of commercial, retail, services or professional offices shall provide a minimum of one off-street loading space for each 25,000 gross sq. ft. or fraction thereof.

3.

Off-street loading shall be limited to the area between the rear of the principal structure and the rear lot setback line, or between the side of the principal building and the side lot setback line.

J.

Lighting. Parking lots with more than 25 spaces must be illuminated. Lighting fixtures must minimize the diffusion of light to other properties in accordance with Article 6.36, Outdoor Lighting (OL), with the following modifications:

1.

All lighting poles and fixtures shall be decorative, as approved by the Community Development Director.

(Ord. No. 2018-129, § 1, 12-18-18)

A.

Attend a Pre-Application Meeting. This meeting shall be attended by the applicant, Community Development Director, Community Development Director or their designees and other reviewing agencies. Prior to the issuance of any land development permit, building permit, or sign permit, the applicant shall submit a conceptual design package and final design package to the Community Development Director. The Community Development Director shall provide a copy of the submittals to the related district commissioner and the Chairman of the Board of Commissioners for review and comment. The final design package must include full architectural and landscape architectural plans and specifications. The submitted plans must include a site plan, architectural elevations and sections; renderings depicting the building design including elevations and architectural details of proposed buildings, exterior materials and colors, landscape plans and any shared parking agreements, all of which shall demonstrate that the proposed design is in compliance with all the requirements of this division and the underlying zoning classification.

B.

Multimodal Access Plans Required. Each new application for a land development permit in the District shall be accompanied by a multimodal access plan prepared at a scale not greater than one (1) inch equals one hundred (100) feet. The multimodal access plan shall cover the full extent of the proposed development along with public rights-of-way of adjoining streets and any other property lying between the subject property and the nearest public streets on all sides. The purpose of the multimodal access plan is to demonstrate a unified plan of continuous access to and between all buildings in the proposed development and adjacent properties. Connections to available transportation modes, such as driveways, sidewalks, and bike paths shall be shown along adjacent streets and those entering adjoining properties. Safe and convenient pedestrian ways shall be provided from sidewalks along streets to each building entrance, including pedestrian access routes across parking lots and between adjacent buildings within the same development. Where an existing or planned public transportation station or stop is within one thousand two hundred fifty (1,250) feet along travel routes from any boundary of the subject property, the access plan shall show how pedestrians and bicycle access may safely travel from such station or stop to the subject property.

C.

Attend Technical Review Committee Meeting(s). The applicant/agent is required to attend a Technical Committee Meeting, which will be set by the Community Development Department.

1.

The conceptual design package shall be accompanied by an application and payment of a fee in an amount determined by the Clayton County Board of Commissioners.

D.

Conceptual Plan Package Review.

1.

The conceptual plan package shall be composed of the following:

(A)

A narrative addressing the proposed development explaining how it meets the purpose, intent, and standards of this division of the Code. The narrative shall include a tabulation of the approximate number of acres in each land use, the approximate number of dwelling units by type, the approximate gross residential density, the approximate commercial density, the approximate publicly accessible open space acreage, the anticipated number, type and size of recreational facilities and other public amenities; the legal mechanism for protecting and maintaining publicly accessible open space, as required by the applicable provisions of this Code.

(B)

A site location map showing the proposed development, abutting property, the relationship of the proposed development to surrounding and existing development, and transitional buffer zones, if required.

(C)

A multimodal access plan meeting the requirements of this division.

2.

The conceptual plan package shall contain a site plan that contains all of the following information:

(A)

Seven (7) copies of the site plan drawn to a designated scale of not less than one (1) inch equals one hundred (100) feet, certified by a professional engineer or land surveyor licensed by the state, presented on a sheet having a maximum size of twenty-four (24) inches by thirty-six (36) inches, and one eight-and one-half-inch reduction of the plan. If presented on more than one (1) sheet, match lines shall clearly indicate where the sheets join. The plan shall contain the following information:

i.

Boundaries of the entire property proposed to be included in the development with bearings and distances of the perimeter property lines.

ii.

Scale and north arrow with north, to the extent feasible, oriented to the top of the plat and on all supporting graphics.

iii.

Location and approximate dimensions in length and width for landscape strips and required transitional buffers, if any.

iv.

Existing topography with a maximum contour interval of five (5) feet and a statement indicating whether it is an air survey or field run.

v.

Approximate delineation of any floodplain designated by the Federal Emergency Management Agency, United States Geological Survey, or Clayton County.

vi.

The delineation of any jurisdictional wetlands as defined by section 404 of the Federal Clean Water Act.

vii.

Approximate delineation of any significant historic or archaeological feature, grave, object or structure marking a place of burial, if known, and a statement indicating how the proposed development will impact it.

viii.

A delineation of all existing structures and whether they will be retained or demolished.

ix.

General location, in conceptual form, of proposed uses, lots, buildings, building types and building entrances.

x.

Height and setback of all buildings and structures.

xi.

Approximate areas and development density for each type of proposed use.

xii.

Location, size and number of all on-street and off-street parking spaces, including a shared parking analysis, if shared parking is proposed.

xiii.

Identification of site access points and layout, width of right-of-way and paved sections of all internal streets.

xiv.

Conceptual plans for drainage with approximate location and estimated size of all proposed storm water management facilities and a statement as to the type of facility proposed.

xv.

Development density and lot sizes for each type of use.

xvi.

Areas to be held in joint ownership, common ownership or control.

xvii.

Location of proposed sidewalks and bicycle facilities, trails, recreation areas, parks, and other public or community uses, facilities, or structures on the site.

xviii.

Conceptual layout of utilities and location of all existing or proposed utility easements having a width of twenty-five (25) feet or more.

xix.

Standard details of signs, sidewalks, streetlights, driveways, medians, curbs and gutters, landscaped areas, fencing, grating, street furniture, bicycle lanes, streets, alleys, and other public improvements demonstrating compliance with the District Design Guidelines.

xx.

Conceptual layout of building designs including elevations showing architectural details of proposed buildings, exterior materials, all of which shall demonstrate that the proposed design is in compliance with all of the requirements of this division.

xxi.

All proposed signage shall be included in the Conceptual Plans and are subject to approval by the Director of Community Development.

xxii.

Seal and signature of professional preparing the site plan.

E.

Final Design Package Review and Approval Process.

1.

Review and approval of final design package. Upon receiving comments on the conceptual design package, the applicant will submit the final design package for review and approval. The final design package must include full architectural and landscape architectural plans and specifications. The submitted plans must include a site plan, architectural elevations and sections; renderings depicting the building design including elevations and architectural details of proposed buildings, exterior materials and colors, plans and elevations of all hardscape, landscape and signage and any shared parking agreements, all of which shall demonstrate that the proposed design is in compliance with all requirements of this division and the underlying zoning classification. The final design package must be signed and sealed by a professional engineer/architect. The final design package must contain all plans, elevations, sections and specifications necessary for obtaining development and building permits. The applicant may submit the final design package simultaneously with the submission for permitting.

2.

Review. The Community Development Director or designee shall review each application for compliance with all requirements of the District and the underlying zoning classification. Prior to approval by the Community Development Director or designee and issuance of any land development or building permit, the conceptual design package and final design package shall be submitted to and approved by the Community Development Director or designee after consultation with the district commissioner and the Chairman of the Board of Commissioners, consistent with the requirements of this section. Where the Community Development Director determines that said plans comply with the requirements of the Overlay District, a certificate of compliance shall be issued in the form of the director, or his/her designee, signing the plans and drawings after which the applicant shall then apply for land disturbance, building or signs permits. Where the Community Development Director determines that said plans do not comply with the requirements of this Code, then the director shall provide the applicant with comments and redlined plans and drawings identifying where said applicant fails to comply with such requirements. All applications shall be considered and decided by the Community Development Director within thirty (30) days of receipt of a complete application. Any appeal of the Community Development Director's decision in this regard shall be to the zoning board of appeals.

3.

Innovative design. By enacting this division, the board of commissioners authorizes the Community Development Director to approve proposed developments that provide for unique site features and innovative designs that comply with the District Design Guidelines and comply with the requirements and standards set forth in this division.

(Ord. No. 2018-129, § 1, 12-18-18)

A.

Nonconforming Use. A legal use in existence on the effective date of this District enactment or any amendment thereto may be continued even though such use does not conform with the use provisions of the zoning district in which said use is located, except as otherwise provided in this section.

1.

Change of use. A nonconforming use shall not be changed to another nonconforming use. A change in tenancy or ownership shall not constitute termination or abandonment of the nonconforming use, provided that the use itself remains unchanged and is continuously maintained and operated.

2.

Discontinuance or abandonment. When a nonconforming use of a major structure or major structure and premises in combination is entirely discontinued for 180 days, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the overlay district, unless the cessation of the nonconforming use is a direct result of government action impeding access to the property, an act of God, or a direct result of major renovations or maintenance of existing space.

3.

A nonconforming use of land shall not be enlarged, expanded or moved. However, expansion and relocation of uses such as signage, parking, storage, or security posts may be permitted on property under common ownership at time of the adoption of this Overlay District. Variations to this standard may be considered by the Board of Zoning Appeals. Applications for such variances shall be processed by Community Development and the Board of Zoning Appeals in the same manner as required in Article 10, Boards and Commissions of the Clayton County Zoning Code.

B.

Nonconforming structure.

1.

A legal structure in existence on the effective date of this Zoning Ordinance or any amendment thereto that could not presently be built under the provisions of this chapter because of restrictions on building area, lot coverage, height, minimum yard setbacks, or other characteristics of the structure or its location on the lot shall be deemed a legal non-conforming structure.

2.

No legal nonconforming structure shall be enlarged, or structurally altered, in a way that increases the nonconformity, except as expressly permitted in this District.

3.

Alteration of legal nonconforming structures occupied by permitted, conforming uses may be allowed for improvement or modification, provided that the structure may not be enlarged and the alterations must either comply with this District or result in a reduction in site or the structure's nonconformity.

(Ord. No. 2018-129, § 1, 12-18-18; Ord. No. 2019-37, § 2, 3-19-19)

The purpose of the Transit Oriented Development (TOD) Overlay District is to encourage and enable the development of moderate to high-intensity, compact, mixed-use urban neighborhoods near transit stations where people can live, work, shop, dine, and pursue cultural and recreational opportunities while enjoying a range of mobility choices. TOD development standards, combined with limits on auto-centric uses, are designed to create vibrant neighborhoods with a robust network of streets, sidewalks, and bicycle paths, providing safe and convenient access to transit stations.

The new TOD Overlay District will serve multiple station areas on MARTA's planned Southlake Bus Rapid Transit (BRT) line: Norman Drive, Lee's Mill, Southern Regional Medical Center, Mt Zion, and Southlake Mobility Center. This new overlay is based on the TOD-CORE- Redevelopment/ New Build Model Ordinance.

In advance of MARTA's proposed high-capacity transit lines, the purpose of the TOD district is to:

• Lay the foundation for greater density and intensity of uses;

• Encourage a mix of uses;

• Improve walkability;

• Create people-friendly places; and

• Reduce the amount and visibility of parking

Sec. 1.0 District Intent

a.

The intent of this designated Overlay District is:

1.

To enhance the quality and compatibility of development in the Overlay;

2.

To encourage appropriate redevelopment of vacant and underutilized properties;

3.

To create developments that are aesthetically pleasing, people-friendly, architecturally distinct and environmentally sustainable;

4.

To encourage a mix of uses, including medical offices and services, supporting office and business uses, mixed use residential/retail, with easy access to open space and greenspace;

5.

To promote safe and efficient movement for all persons using various modes of travel within the Overlay District including motorized vehicles, bicycles, walking, and public transit;

6.

To establish consistent and relational design standards for public improvements and private property development within the Overlay in order to create a distinctive visual quality for the designated Overlay District;

7.

To allow flexibility in development standards to encourage the design of innovative development projects that set high standards for landscaping, green space, urban design, public art and public amenities.

Sec. 2.0 Application of Overlay District

a.

Overlay Districts are supplemental to the development standards of the Clayton County Zoning Ordinance. The Overlay District governs all properties within its boundaries, as identified on the TOD Overlay District.

b.

The standards and requirements of the Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base Zoning Ordinance, including other applicable County Codes.

c.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

d.

The provisions of the Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments, Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

e.

The uses are permitted in the Overlay District by Tiers which also define the underlying zoning district. The permitted uses that are prohibited or subject to conditional use approval is identified in each Tier/underlying zoning district, unless otherwise specified herein.

f.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

Sec. 3.0 District Boundary

The boundaries of the TOD District as indicated on the Official Zoning Map are incorporated in Article 5, Zoning Map, of this Ordinance. Copies of the Zoning Map are available for inspection during normal business hours at the Clayton County Department of Community Development.

Sec. 4.0 Site Plan Approval Process

Site Development Plan approval shall be required for all rezonings to TOD. All such developments in the TOD District shall comply with Sec. 11.4 - Review Process and Standards of the Zoning Ordinance. The TOD-Core Overlay zoning shall be conditioned upon the site plan in terms layout of the structures, streets, and uses depicted on the approved site plan.

Sec. 5.0 Permitted, Conditional and Prohibited Uses and District Standards by Tier

The boundaries of the Transit Oriented Development Overlay District are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in this Zoning Code, Zoning Map.

1.

Permitted uses in the TOD district are:

a.

Residential

i.

Multi-Family

ii.

Live/ Work Units

iii.

Townhomes

b.

Commercial

i.

Entertainment

ii.

Lodging

iii.

Office

iv.

Restaurants and bars

v.

Retail (maximum gross floor area of retail is 40,000 square feet)

vi.

Services

c.

Industrial

i.

Artisanal manufacturing (hands tools only)

d.

Civics/Other

i.

Arts and cultural institutions

ii.

Civic organization space

iii.

Daycare

iv.

Educational

v.

Government

vi.

Medical

vii.

Transit support facilities

viii.

Utilities and services (minor)

2.

Conditional uses:

a.

Residential

i.

Duplex

ii.

Group living

iii.

Quadplex

iv.

Triplex

b.

Commercial

i.

Drive-through facilities

c.

Industrial

i.

Laboratories/Specialized industrial

d.

Civic/Other

i.

Parking structures

ii.

Parks and recreation

iii.

Religious assembly

iv.

Utilities and services (major)

3.

Prohibited uses in the TOD Overlay District include:

a.

Residential

i.

Detached single-family

b.

Commercial

i.

Gas stations

ii.

Personal storage/ warehouses

iii.

Vehicle sales, services, repairs

c.

Industrial

i.

Heavy industry/ manufacturing

d.

Civic/Other

i.

Parking- surface (primary use)

Sec. 6.0 Development Standards

1.

TOD Overlay District development standards:

The following standards shall apply to all new development in the TOD Overlay District and to existing development.

Minimum Lot Area

• None

Minimum Lot Width

• None

Maximum Lot Depth

• None

Minimum Lot Frontage

• 50 feet on a public street with access from side public street

Building Height

• None

Floor Area Ratio

• Minimum 1.0 units/acre (Minimum 15)

• Non-residential development must have a min. Floor Ration Area (FAR) of 0.75

Minimum Front Yard Setbacks

• 0 feet, or as approved per site plan

Maximum Front Yard Setbacks

• 20 feet, in accordance with the Overlay district standards

Minimum Side Yard Setbacks

• 0 feet, or as approved per site plan

Minimum Rear Yard Setbacks

• 10 feet

Maximum Lot Coverage

• All primary and accessory structures and impervious surface cannot exceed 80% of the lot area

Maximum Impervious Surface Coverage

• 90%

Minimum Dwelling Units per Acre

• Residential development must have a minimum of 15 dwelling units per acre (du/acre)

• There is no maximum du/acre

Minimum Living Area

• Average residential unit square heated square feet in mixed use building are 600 feet

• Average residential unit square heated square feet in non- mixed-use building are 750 feet

Maximum Block Length

• The maximum length of a block is 600 feet, as measured by the distance between the outermost edges of the outermost parcels.

2.

Mixed use requirements:

A mix of development is required for all lots with primary frontage width of 50 feet or more. The degree of mix required depends on the length of the block of the frontage. Table 1 contains four options to meet the mixed-use requirements.

(1)

Option A: Vertical Adaptability.

A.

The ground floor must be built with dimensions to accommodate both residential or retail use.

B.

Although encouraged, commercial use on the ground floor is not required to be in place at buildout. If the ground floor is not commercial at buildout, it should be adapted to commercial use once local market conditions support ground floor commercial uses.

C.

Residential units in this option qualify for the lowest average of 600 heated square feet.

(2)

Option B: Horizontal Mixed Use. To achieve a mix of uses within a site, the following is required:

A.

Determined by block length, a site must vary its uses by a percentage of its primary frontage width as shown in Table 1. At a minimum, the secondary use must extend to a liner depth of at least 40 feet.

B.

Uses can include any of those that are permitted by right in the TOD zone.

C.

Only residential units in the same building with a secondary use shall qualify for the mixed-use minimum of 600 heated square feet. When residential units are in a separate building, the minimum is 750 square feet.

(3)

Option C: Architectural Mix. If a mix of uses is not practical, an architectural mix can be used to meet the requirement. The percentage of the frontage that must be architecturally distinct is determined by the primary block size shown in Table 1.

A.

To qualify as architecturally distinct, there must be clear visual differences in at least three of the following:

1.

Architectural banding, trim, or cornice detail

2.

Window size and placement

3.

A covered entryway or front porch design

4.

Building projections and recesses

5.

Façade articulation such as bay windows or dormers

6.

Exterior color and material

7.

Number of stories; at least 0.5 story difference must be present

8.

Roofline variation

9.

Other element approved by the Clayton County

(4)

Option D: Mixed Income. A mixed income residential project can fulfill the mixed-use requirement if at least 20% of its units are legally binding affordability restricted targeted at households making less than 60 percent of the Clayton County's median income.

(5)

Option E: Special Review. Clayton County will consider submittals of site plans that do not meet the requirements in Options A, B, or C, but meet the TOD Overlay District's intent to encourage mixed, visually diverse environments. To submit a plan for special review, the following is required:

A.

Statement of how the plan will achieve at least four of the following objectives:

1.

Achieves a mix of uses

2.

Creates a diverse visual environment

3.

Attracts a variety of users

4.

Provides a unique use or product not currently within ½ mile of the proposed station location

5.

Meets a documented need in the community

6.

Improves roadway and sidewalks connectivity

7.

Positively contributes to community character and the public realm

3.

Site design requirements:

1.

Building orientation along an adjacent street frontage shall be located toward the front of each lot at a setback not more than zero (0) feet from public right-of-way and may be a maximum of twenty (20) feet from the public right-of-way if used for public art, hardscape and/or sitting or dining areas. If a lot is bound by more than one (1) public street, the front of the lot shall be considered the lot line adjacent to the street with the highest classification. If the building is contained on a lot at the intersection of two (2) primary streets, the building's entrance shall be oriented towards one or both primary streets. For nonresidential uses, the primary ground floor entrance to all buildings shall be clearly visible from the street, internal private drive, or public sidewalk.

2.

All loading and service areas shall be screened from view from the street and adjacent residential uses with buildings, landscaping, or decorative fencing.

3.

All off-street parking shall be behind or within garages for residential units. Individual garages for units may not face a primary street.

4.

Fencing that is visible from any public plaza, open space, ground level or sidewalk level outdoor dining area, internal main private drive or public street or right-of-way shall be made only of brick, stone, hard-coat stucco, or wrought iron. No fencing allowed in the front yard of any property along a public right-of-way.

5.

No barbed wire, razor wire, chain-link fence or similar elements shall be allowed. Fencing materials for a detention area must be approved prior to installation by the Community Development Director.

4.

Buildings oriented to a front property line or public right-of-way shall be setback as follows:

1.

Minimum front setback: Zero (0) feet to a maximum of thirty (30) feet from the back of curb for all new development to include 10-foot maximum landscape buffer, 10-foot minimum sidewalk, 10-foot minimum supplemental zoned.

2.

Minimum interior side setback: Minimum setback from property line may be zero (0) feet, but if the property is adjacent to an existing building with windows facing the property line, the setback shall be a minimum of twenty (20) feet from the face of the existing building. In mixed-use developments, there shall be a minimum often (10) feet between buildings less than three (3) stories in height and a minimum of fifteen (15) feet between buildings when one (1) of them is three (3) stories or greater in height.

3.

Minimum rear setback: Ten (10) feet.

4.

All Life Safety and Building Codes shall be met to ensure safety of building occupants and patrons.

5.

All buildings shall comply with the applicable requirements of the Federal Aviation Administration (FAA) and Hartsfield-Jackson Atlanta International Airport (HJAIA).

5.

Development standards for nonresidential and mixed-use buildings. Ground-floor commercial and retail uses shall have entrances at grade or not more than one foot above or below grade with opening directly onto a public sidewalk or publicly accessible open space adjacent to the public sidewalk.

6.

Development standards for residential buildings. Ground-floor residential units that adjoin a street shall have entrances with a stoop or porch between the sidewalk and the building façade no less than two (2) feet above grade. A sidewalk shall connect the ground floor front entrance to the public sidewalk.

7.

Transitional height requirement. Where a lot within the Overlay District adjoins the boundary of any property outside the district that is zoned for any mixed-use residential zoning classification, a transitional height plane of forty-five (45) degrees shall apply. The Community Development Director may require an applicant to use staggered heights, greater setbacks, and enhanced buffers, when the project is adjacent to residentially zoned properties.

8.

Publicly accessible open space requirements:

1.

A minimum of twenty (20) percent publicly accessible open space shall be provided for each new development site/parcel. Publicly accessible open space areas may be transferred from one parcel to another within overall developments that remain under unified control of a single property owner or group of owners but must demonstrate interconnectedness of public areas.

2.

Publicly accessible open spaces shall be at grade, and directly accessible from a public sidewalk or building entrances.

3.

Publicly accessible open space that is provided as part of a new development shall include connectivity to any existing or planned nearby public amenity including, but not limited to, trail networks, greenspace or park facility.

4.

Publicly accessible open spaces may include any combination of the following: accessible landscaped areas, water features, fountains, parks, plazas, trails, paths and hardscape elements which are connected to sidewalks and plazas, and similar features.

5.

Private courtyards, patios and other private outdoor areas and amenities shall not be counted toward the twenty (20) percent publicly accessible open space requirement.

6.

All open space including buffers, setbacks, sidewalk clear zones, sidewalk zones and open spaces shall be fully implemented prior to issuance of a certificate of occupancy for the primary development.

7.

As a part of the application for a building permit within the district, each applicant shall present a legal mechanism under which all land to be used for publicly accessible open space purposes shall be maintained and protected. Such legal mechanism may include deed restrictions, property owner associations, common areas held in common ownership or control, maintenance easements, or other legal mechanisms, provided that said legal mechanism shall be approved by the county attorney to ensure compliance with each of the following mandatory requirements:

8.

All subsequent property owners within said District shall be placed on notice of this development restriction through the deed records of Clayton County Superior Court.

9.

All publicly accessible open space held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the county.

10.

A legal mechanism must be provided for notice of deficiencies in maintenance of the publicly accessible open space held in common, correction of these deficiencies, and assessment and liens against the properties for the cost of the correction of these deficiencies by a third-party or the county.

11.

The property owner's association shall provide the following:

a.

Mandatory and automatic membership in the property owners' association as a requirement of property ownership.

b.

A fair and uniform method of assessment for dues, maintenance, and related costs.

c.

Where appropriate, party wall maintenance and restoration in the event of damage or destruction; and

d.

Continued maintenance of publicly accessible open space held in common and liability through the use of liens or other means in the case of default.

12.

Categories of Open Space. Open space required in the designated Overlay District shall be held under unitary ownership or control and shall consist of any of the following three categories of land:

a.

Primary conservation area. This category includes streams; wetlands designated by the national wetlands inventory; 100-year floodplain, as identified on federal insurance rate maps; steep slopes exceeding 25 percent; areas of exposed rock; and private cemeteries and burial grounds. These areas shall be left in a natural and undisturbed state, except for the fewest possible perpendicular crossings of essential access roads and utility lines.

b.

Secondary conservation area. This category includes land in water supply watersheds; aquifer recharge areas identified in the Clayton County Comprehensive Plan; riparian and wetland buffers that are over 25 feet in width; significant habitat areas, as identified in the Clayton County Comprehensive Plan; areas containing archaeologically or historically significant structures or sites, as identified in the Clayton County Comprehensive Plan; and related contextual areas, soils unsuitable for septic tanks, prime agricultural soils, mature hardwood forest, meadows, farm fields, pastures and other areas with scenic views.

c.

Outdoor recreation area. This category includes greenways, trails, bikeways, paths, tennis courts, ball fields, playfields, courts, golf courses, swimming pools, clubhouses, bicycle facilities, equestrian facilities, beaches, docks, seating areas, amphitheaters, stages, band shells, community buildings, fountains, plazas, patios, decks, lawns, picnic shelters and picnic areas, landscaping and other land containing outdoor recreation structures and facilities. Lakes and ponds are allowed in outdoor recreation areas, but their surface area shall not be counted as open space.

d.

Public park space. This category consists of the Tier 3: Greenspace area meeting the following criteria:

i.

Shall provide active and/or passive recreational amenities visible and accessible from any point along 90 percent of any adjacent sidewalk.

ii.

Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the parcel excluding fountains, pedestrian furniture, public art and similar elements.

iii.

Shall be designed in accordance with the requirements for sidewalks.

iv.

Shall be open to the public during all daylight hours.

v.

Shall be continuously well maintained by a designated agent for such maintenance.

Sec. 7.0 Public Improvement

A.

Street Design Standard: Street Standards shall be designed in accordance with the Department of Transportation and Development's Land Disturbance and Right-of-Way Construction Guidelines. Street design standards are regulated by the street types.

1.

Where a parcel has multiple street frontages, the highest order street will determine the regulation.

2.

Internal roadways that provide access to parking are allowed, but should be used sparingly, and must include sidewalks with a minimum width of 6 feet, and amenity zone of at least 3 feet.

3.

A continuous perimeter-planting strip or amenity zone (excluding driveways) shall be required whenever property abuts a curb.

4.

Curbs shall be located adjacent to the perimeter planting strip. If the right-of-way width varies along the street frontage, the planting strip shall be aligned along the widest right-of-way section.

5.

Tree pits. Trees may be installed in tree pits with irrigation and sub-drainage for parcels on Major and Minor roadways in lieu of a continuous perimeter planting strip.

6.

Pedestrian lighting.

a.

Lights should be mounted at a height of 12 to 14 feet above the sidewalk.

b.

Pedestrian lighting can be used alone or in combination with roadway-scale lighting in high activity areas to encourage nighttime use. Pedestrian lighting can be located on the same pole as roadway lighting to reduce the number of poles within the landscape/furniture zone.

7.

Tree types.

a.

Large maturing canopy trees suitable for streetscape include Elm (Winged), Gingko (Male), Maple (Sugar), Oak (Laurel, Northern Red, Nuttall, Overcup, Scarlet, Shumard, Southern Red, Willow), and Planetree (London)

b.

Medium maturing trees suitable for streetscape include Birch (River), Blackgum (Tupelo), Buckthorn (Carolina), Elm (Chinese), Hornbeam (American, European), Maple (Chalk, Hedge, Red, Southern Sugar), Pistache (Chinese), Silverbell (Carolina)

B.

Multi-use paths.

1.

No motorized vehicles.

2.

Maximum grade of 6 percent.

3.

20-feet wide dedicated easement.

4.

12 feet wide and concrete construction.

5.

Shoulder width variable, based on topography.

6.

5-feet flare at street intersections, with ramp to street and removable bollards spaced 6 feet apart to block motorized traffic. The Sight Visibility Standards (SV) of Article 6.27 must be maintained.

7.

Multi-use paths shall be located outside all required buffers, except that a required buffer may contain one or more crossings of a multi-use path provided that such crossing:

i.

Is part of an approved multi-modal access plan required in Article 4.11 of this Ordinance.

ii.

Is approximately perpendicular to the required buffer.

iii.

Is designed to have the least disruption to the intended screening provided by the required buffer.

8.

Multi-use paths shall be required to facilitate pedestrian access from residential and non-residential developments to schools, parks, playgrounds, and other County amenities via the multi-use path system. If, at the time of conceptual approval, there are no completed multi-use paths to which the multi-use paths of the proposed developer can be linked, the developer may, at its option, and only with the approval of the Community Development Director, in lieu of installing the multi-use paths, dedicate the easements and deposit a cash payment with the Board of Commissioners equal to the cost of installing the multi-use paths. This cost shall be determined by the County engineer. Such deposit shall be placed in a multi-use path construction fund to be established by the Board of Commissioners. When the multi-use system is extended to the boundary of the development, the Board of Commissioners will use the deposit to construct the multi-use paths in the development.

9.

Trail Connectivity: All development within 100 feet of a planned trail on Map must provide a paved, multi-use trail connection at least 8 feet in width. This path must connect directly to the planned or existing trail, or to the most likely access point close to the site.

C.

Sidewalk requirement.

1.

Sidewalks must be constructed along the frontage of all public streets and within and along the frontage of all new development or redevelopment on both sides.

2.

Stairs or ramps consistent with ADA requirements must be provided where necessary to provide a direct route.

3.

Walkways must be as direct as possible and avoid unnecessary meandering.

D.

Landscaping.

1.

Medians and landscaped strips shall be planted with grass and a variety of low, hardy shrubbery and flowering plants, and/or flowering trees with mulched beds. Areas of exposed earth shall not be allowed. Landscaping and Newly planted trees shall be approved by the County Arborist or his/her designees.

2.

Maintenance. All landscape materials required by this article or other article of the Zoning Ordinance shall be maintained by the property owner or Property Owners' Association. Such maintenance shall keep landscape materials healthy, neat, and orderly in appearance, and free of litter and debris. Landscape materials that die or that, in the opinion of the County Arborist or his/her designee, are diseased shall be replaced by the property owner or Property Owners' Association.

E.

Buffer yard.

1.

Where a lot on the external boundary of the Old Dixie Hwy.-Tara Blvd., the Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any residential zoning classification and/or residential use, a buffer yard not less than 50 feet in width shall be provided and maintained in a natural state or so as to maintain an effective visual screen.

2.

Where a lot on the external boundary of the Old Dixie Hwy.-Tara Blvd., the Overlay District adjoins the boundary of any property outside the delineated Overlay District that is zoned for any non-residential zoning classification and/or non-residential use, a buffer yard shall be planted as identified within Article 6.35. Buffer Yard Standards (BY).

3.

Said buffer yard shall not be paved and shall not be used for parking, loading, storage, or any other use, except where necessary to grade or modify a portion of the yard buffer for the installation of utilities necessitated by the development. Water detention ponds shall not be located within buffer yard. No trees, other than dead or diseased trees, shall be removed from said buffer yard, but additional trees and plant material may be added to the buffer yard.

F.

Street furniture zone requirements. Said zone shall be continuously located immediately adjacent to curbing and shall meet tree planting requirements of section this ordinance. The area between such tree planting areas shall either be planted with evergreen ground cover such as mondo grass or a liriope species or shall be constructed of plant materials approved by the Community Development Department. In addition, this zone may be used for street furniture coordination with the Transportation & Development Department. This furniture may include trash receptacles, traffic signs, bus shelters, bicycle racks, benches, tree fencing, and utility poles (where allowed) or similar elements in accordance with uniform design standards utilized for the placement of such objects in the public right-of-way in a manner that does not obstruct pedestrian access or motorist visibility.

G.

Outdoor lighting.

1.

All outdoor lighting fixtures for parking lots, and pedestrian activity areas shall be classified as full cut-off, cutoff, or semi-cutoff. In addition, any building light fixtures used to illuminate parking and pedestrian areas, and service areas shall be classified as full cutoff, cutoff, or semi-cutoff.

2.

No outdoor lighting fixture or building light fixtures shall cause glare on public travel lanes or on adjacent residentially used or zoned property. All fixtures shall be screened in such a way that the light source shall not cast light directly on public travel lanes or on adjacent residentially used or zoned property.

H.

Underground Utilities.

1.

For all new construction and redevelopment, utilities along public streets must be placed underground.

2.

All new utilities in the district, except for major electric transmission lines and Development Director determines that underground utilities are not feasible due to pre-existing physical conditions, such as conflicting underground structures or utilities, shallow rock, high water table, or other similar geologic or hydrologic conditions.

3.

In instances where stormwater management cannot be adequately addressed on site, or is better addressed at a larger scale within the district, an off-site stormwater management plan may be submitted to CCWA for approval.

I.

Street and inter-parcel access (connectivity).

1.

Streets. Streets within the District may be either private drives, public or private streets. Private streets shall comply with the requirements of public streets found in all other applicable provisions of the Code.

a.

New streets must connect two other streets unless natural site conditions make such connection impossible.

b.

Cul-de-sac streets are prohibited.

c.

Street block sizes is 400-600 feet maximum.

2.

Inter-parcel access. Sidewalks and parking lots serving properties shall be interconnected to provide continuous driveway connections and pedestrian connections between adjoining uses, lots and streets. Where necessary, Clayton County may require access easements be provided to ensure continuous access and egress routes connecting commercial, office and mixed use developments. Inter-parcel access, joint driveways, cross-access drives and access easements all intended to provide shared access across adjacent properties shall be provided as follows, except where the Director of Transportation and Development determines that they are unfeasible because of topographic or other site-specific constraints:

a.

Abutting non-residential developments on collector and arterial roadways shall provide a cross access drive and sidewalk access to allow circulation between sites.

b.

Joint driveways and cross access easements shall be established for multi-parcel, nonresidential and mixed-use development wherever feasible along collector and arterial roadways. The building site shall incorporate the following:

i.

Continuous cross-access drives connecting adjacent parcels along the thoroughfare.

ii.

A design speed of 15 mph and a two-way travel aisle with a minimum of 20 feet to accommodate automobiles, service vehicles and loading vehicles.

iii.

Driveway aprons, stub-outs and other design features to indicate that abutting properties may be connected to provide cross access via a service drive.

3.

The Director of Transportation and Development may reduce the required separation distance of access points where the minimum required distance proves impractical, provided all the following requirements are met.

a.

Joint-access driveways and/or cross-access easements are provided in accordance with this section.

b.

The site plan incorporates a unified access and circulation system for vehicles and pedestrians in accordance with this section.

J.

Electric Vehicle Charging Requirements: All new commercial, office, industrial and mixed-use developments, as regulated by the International Building Code, are required to provide EVSE infrastructure to accommodate the future installation of Electric Vehicle Supply Equipment. The infrastructure shall be provided per this section.

1.

Electric Vehicle Infrastructure

a.

The EVSE infrastructure shall be installed per the requirements of the current edition of the National Electrical Code (NFPA 70) as adopted and amended by the State of Georgia for enforcement by Clayton County.

i.

The off-road parking provided for buildings containing commercial, office, industrial and mixed-use occupancies shall have EVSE infrastructure installed at the parking spaces dedicated for the use of the building.

ii.

The ratio of electric vehicle parking spaces to non-electrical vehicle parking spaces shall be 1:5 and only applies to the total new parking spaces.

iii.

Designated dual-port EVSE may be dual-usage for ADA accessible EV charging spaces and non-ADA accessible EV charging spaces with ADA compliant hardware. The use of the space for accessible parking takes precedence over the need to use this space for EV charging.

iv.

Commercial and multi-family developments which have more than 49 parking spaces shall provide one electric vehicle charging station for each fifty (50) parking spaces.

b.

Commercial and multi-family redevelopments which have more than 49 parking spaces shall provide one electric vehicle charging station for each fifty (50) parking spaces. Compliance for a redevelopment is required when site work and/or repaving with existing parking areas greater than 49 parking spaces exceeds 50% of the existing impervious areas.

2.

Documentation Required for Commercial Projects

a.

All new off-road parking, or the expansion of existing off-road parking for buildings supporting commercial, office, industrial and mixed-use occupancies shall include EVSE infrastructure based on the total number of parking spaces established in subsection.

b.

The EVSE infrastructure shall include a raceway, which is continuous from the branch circuit/feeder panel location to the future PHEV / EV parking space. The raceway shall be sized and installed per the National Electrical Code; however, in no case shall the EVSE infrastructure raceway be less than 1" (one inch) in size. The EVSE infrastructure raceway shall include a pull rope or line installed for future conductor installation, with the raceway sealed and labeled for future use.

c.

The electrical equipment room, when provided for new commercial, office, industrial and mixed-use developments occupancies must have a dedicated space for the future installation of EVSE. This space shall be identified on all construction documents submitted for review, and the dedicated space shall not allow for violation of the National Electrical Code prescriptive requirements regulating working space clearances around equipment, or violation of the National Electrical Code prescriptive requirements governing the entrance to and egress from electrical equipment working space.

d.

During construction of the electrical equipment room, all raceways installed for the EVSE infrastructure shall terminate at the space dedicated for the future EVSE installation.

e.

Prior to the final electrical inspection approval, the space dedicated within the electrical equipment room for the future EVSE installation shall have the wall stenciled or marked legibly with the following text: "FUTURE ELECTRIC VEHICLE CHARGING EQUIPMENT AND PANELS".

f.

The proposed placement and installation of EVSE infrastructure or equipment shall not allow for any violation of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101).

g.

The placement of EVSE shall not create a trip hazard or violation of the accessible path of travel when the cord is connected to an EV or PHEV.

Sec. 8.0 Architectural Standards

A.

The following architectural regulations shall apply to all structures within the district and the architectural style within the district shall be consistent with the District Design Guidelines:

a.

All building facades visible from a public street shall consist of eighty (80) percent brick, textured concrete masonry, stone, glass, finished masonry materials or hard coat stucco, or a combination thereof.

b.

Office buildings must utilize architectural concrete and glass façade, facing a public right-of-way.

c.

Architectural accents, where utilized, shall consist of metal, non-reflective glass, glass block, natural stone, pre-cast concrete, brick, terra cotta, stucco, hardy-plank, or wood.

d.

Multi-Family Residential Standards:

a.

Multi-family buildings on major and minor roadways must include windows, doors, or other transparent openings for at least 40 % of the building between 2.5 and 7 feet above the level of the sidewalk.

b.

Multi-family buildings on local roadways must include windows, doors, or other transparent openings for at least 30% of the building between 2.5 and 7 feet above the level of the sidewalk.

c.

At least one entrance should be provided on every street frontage.

d.

Building façades shall be multi-faced creating visual variety through the roof line, window trim/recess, and façade articulation.

e.

Building materials, excluding architectural accents, shall be primarily brick, wood, stucco, or stone. Textured concrete masonry or cementitious fiberboard may be used as an exterior building material but shall not constitute the majority of any side of a building.

e.

Duplexes must provide transparent windows and/ or doors on at least 20 percent of all facades visible from the public right-of-way. Side-by-side duplexes must not have front elevations that are mirror images. The left side and right side of the building must be designed to include variety in at least three of the following elements:

a.

Roof style

b.

Architectural banding, trim, or cornice detail

c.

Window trim, the number of mullions or muntin's, or shutters

d.

Window size and placement

e.

A covered entryway or front porch design

f.

Balconies or Juliette balconies

g.

Building projections and recesses

h.

Decorative roofline elements such as brackets or chimneys

i.

Façade articulation such as bay windows or dormers

j.

One and two-story units

k.

Non-primary walls visible from residential uses, public open spaces, outdoor patios, pedestrian paths, roadways, or parking areas shall incorporate changes in building material/color or varying design.

l.

Mixed-use developments with ground floor non-residential uses shall provide fenestration that is comprised of sixty (60) percent of the width of the front façade of the building at the ground level.

m.

Relationship of building to street.

a.

For purposes of this chapter, sidewalk-level shall be defined as any floor of a building with a finished-floor elevation less than or equal to five feet above the adjacent sidewalk or less than or equal to five feet below the adjacent sidewalk.

b.

Building floors shall be delineated at third story above sidewalk level and lower and shall be executed through windows, belt courses, cornice lines or similar architectural detailing.

i.

Buildings of 5 stories or higher will be considered high rises.

ii.

The first 3 floors above street grade shall be distinguished from the remainder of the building with an emphasis on providing design elements that will enhance the pedestrian environment. Such elements as cornices, corbeling, molding, stringcourses, ornamentation, changes in material or color, recessing, architectural lighting, and other sculpturing of the base as are appropriate shall be provided to add special interest to the base.

iii.

Special attention shall be given to the design of windows in the base. Band windows are prohibited. Recessed windows that are distinguished from the shaft of the building by arches, pediments, mullions, and other treatments are permitted.

c.

The primary pedestrian entrance for pedestrians to access all uses with street frontage:

i.

Shall face and be visible from the street. When located adjacent along Tara Boulevard or Old Dixie Highway, said entrance shall face and be visible from said street.

ii.

Shall be directly accessible and visible from the sidewalk.

iii.

Shall remain unlocked during business hours for nonresidential uses.

d.

A street address number shall be located directly above the primary building entrance, shall be clearly visible from the sidewalk and shall be a minimum of six inches in height.

e.

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

i.

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. Said pedestrian walkway shall be perpendicular to the street and shall be permitted to share said walkway with one adjacent unit.

ii.

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

f.

Sidewalk arcades. Buildings with non-residential uses at the sidewalk level may have sidewalk arcades, which shall meet the following regulations:

i.

Shall provide an at grade sidewalk surface.

ii.

Arcade supports shall be a maximum width of five feet.

iii.

Shall provide a minimum of 25 feet of clear unobstructed space between arcade supports.

n.

The building wall along street facing ground floors shall be comprised of at least 60% of glass along the ground floor.

o.

Canopies over entrances and/or windows shall be mounted at a single consistent height for each building and shall comply with the District Design Guideline requirements for canopies.

p.

A minimum of sixty (60) percent of the ground-floor facade of non-residential windows shall be clear or tinted so that at least seventy (70) percent of light filters through the window.

q.

Roof materials shall not consist of any reflective surfaces.

r.

All materials shall be in color, and shall be similar throughout the development, or as approved by the Overlay Design Review Committee.

s.

Burglar bars and steel roll down doors or curtains shall not be visible from any public street. If burglar bars are utilized, they shall be artistic or decorative on the side or rear doors or windows as approved by the Overlay Design Review Committee.

t.

Loading bays shall be designed so that doors or openings are not visible from a public street.

a.

Dumpsters shall not be visible from any public street and shall be fenced or screened not to be visible from any public areas including public parking areas or adjacent residential development. Screening materials shall be finished to be compatible with the color and finished exterior of the primary building it serves.

b.

Fabric and canvas awnings and all other building materials must be of durable quality and shall be of compatible materials used in the development. Metal or temporary awnings are not permitted.

c.

Temporary structures such as tents, trailers, and mobile structures are prohibited. except for a permitted temporary use under an allowable permit.

d.

Accessory Structures. Building materials, architectural features and colors of exterior finishes of accessory structures shall be consistent with the principal structure.

e.

Roof Top Equipment. All roof-top equipment shall be screened from public view by parapets, dormers or other screens.

f.

Parking decks shall not exceed the height of the tallest adjacent building within the development

Sec. 9.0 Design Guidelines

A.

Color patterns, and quality of materials shall create a unified building form.

B.

Provide a common height for ground floor window facades, a minimum of ten feet (10').

C.

For buildings with multiple stories, use materials and features to define the ground floor and add visual interest. Windows, display areas, canopies, awnings, wall art, and other architectural features integral to the building are encouraged.

D.

Building entrances should be defined and articulated by architectural elements such as lintels, pediments, columns, and other design elements appropriate for the architectural style.

E.

Roof lines along buildings four (4) stories or less should have architectural details along the height plane to provide variations to the roof line.

F.

Light fixtures affixed to building facades shall be designed to coordinate with the overall building architecture.

G.

Lighting should be used to highlight distinctive features of a building.

H.

Parking structures that have walls visible from a public street shall have wall treatments that complement the buildings it serves and shall have an appearance that fit the character of the associated development. The structure shall not exceed the height of the tallest adjacent building within the development.

I.

Walk-up service windows are encouraged instead of drive-through windows.

Sec. 10. Sign Regulations

A.

Master Signage Plans are required for all land development within the Overlay District, as described in Article 4.11. Signs shall be required as in Article 8, Sign Regulations, of this Zoning Ordinance. All signs in the District shall comply with all applicable provisions of the Code as follows:

1.

Signs shall be designed in compliance with the applicable requirements in the overlay district.

(A)

All ground signs shall be a monument-style sign with a base and support members made of brick, stucco or stone consistent with the materials of the primary business or structure.

(B)

All monument signs, and/or a building's front façade facing a public or private street, or private drive shall have the address numbers visible from the street or drive, and the individual numbers shall not exceed eight (8) inches in height unless incorporated in sign face design. Address numbers less than eight (8) inches in height shall be excluded from the maximum allowed sign area.

(C)

Each non-residential single tenant lot with a floor area greater than 50,000 square feet shall be permitted one monument sign per public street frontage. The sign area (face) of the monument sign shall not exceed thirty-two (32) square feet and the sign structure shall not exceed ten (10) feet in height.

(D)

Each lot or development with multi-tenants/mixed-use shall be permitted one monument sign per public street frontage. The sign area of the monument sign shall not exceed thirty-two (32) square feet and the sign structure shall not exceed ten (10) feet in height.

(E)

Mixed use developments shall be permitted one monument sign for each street frontage. One additional monument sign may be allowed for each entrance from a street or drive that is internal to the mixed-use development. The monument sign area shall not exceed sixteen (16) square feet and a maximum height of six (6) feet.

(F)

Signage located on buildings shall be designed to be integrated into the building and overall façade.

(G)

Each separate business front façade with an external public entrance may have a maximum of one (1) wall sign which shall not exceed an area of five (5) percent of the area of the façade of the ground floor of the building or seventy-five (75) square feet, whichever is less. Interior tenant space within a business of at least 50,000 square feet may have an additional wall sign area not to exceed a total of five (5) percent of the area of the façade of the ground floor of the building or one hundred (100) square feet, whichever is less.

(H)

Signs may be externally or internally illuminated. Monument signs shall only be externally illuminated with ground lights at the base of the monument sign.

(I)

No Window Signs other than payment methods, days and hours of operation. Temporary decals, placards, posters and advertisements are prohibited from being placed on the face of exterior walls or windows where it may be seen from the exterior.

(J)

Wall mounted sign shall be channel cut letters applied directly to the building façade.

(K)

Attached Canopy and Awning sign area shall be deducted from the permitted wall sign area.

(L)

Sign placement, lettering and massing shall be limited as follows:

i.

Monument sign structures shall not be two and a half (2 1/2) times the size of the sign copy area unless incorporated into a building wall or perimeter wall/fence structure.

ii.

Sign lettering shall be opaque and consist of block lettering in which individual letters are proportional in size to the overall size of the store wall or distance from the right-of-way, but in no event shall individual letters and/or logo copy area exceed the heights of the store wall or distance from the right-of-way.

iii.

Projected signs are encouraged for identification purposes on buildings and shall be perpendicular to the sidewalks.

2.

The following types of signs are prohibited in the district:

(A)

Motorist Distractions. Signs that incorporate flashing lights or beacons, highly reflective materials, rotating graphics, motion, smoke or visible matter, noise or changeable copy, that is copy those changes at intervals of more than once every six seconds, are prohibited.

(B)

Roof signs. Signs that are placed on or above roofs, penthouses, mechanical equipment screens, and other like structures and any signs that extend above the building parapet or roof fascia line.

(C)

Signs that are placed on vehicles or trailers that are not in regular use and are visible from a public right-of-way or major internal private drive.

(D)

Pole signs and other signs with exposed structural supports that are more than three (3) feet in height and have post supports larger than two (2) inches in diameter or a total of four (4) square inches in cross-section area.

(E)

Vacuum-molded or pre-manufactured signs. LED lighted signs or features

(F)

Temporary Signs. Banners, streamers, pennants, flags, wind banners, air/gas filled balloons, portable signs, string lights, laser lights and searchlights except as approved as a part of a permitted temporary festival or event.

(G)

Flashing, animated, marquee, sound emitting, fluorescent, rotating or otherwise moving signs are prohibited.

(H)

Billboards are prohibited.

Sec. 11. Parking Requirements

The table contains minimum and maximum parking standards for uses allowed by right in the TOD district.

1.

No off-street parking is required for nonresidential uses in TOD districts unless such uses exceed 3,000 square feet of gross floor area.

2.

Surface parking must be located to the rear or the side of the principal building.

3.

Where feasible, ingress and egress from parking must be from local roads or alleys.

4.

Parking maximums may be exceeded by up to a total of 30% of the maximum if one or more of the following is provided:

a.

If structured or underground parking is provided on site, parking maximums may be exceeded by 25%.

b.

If a shared parking agreement is executed, the parking maximum may be exceeded by 20%.

c.

If all parking spaces are located behind the building and are not visible from the public right-of-way, parking maximums may be exceeded by 10%.

d.

If driveways and access points are shared by at least two adjacent properties, parking maximums may be exceeded by 10%.

e.

If a provision is made for combining or interconnecting adjacent parking lots and pedestrian access points, parking maximums may be exceeded by 10%.

5.

A 25% parking reduction in the minimum number of parking spaces required is allowed if the principal use is located within 600 feet of a parking facility with parking spaces available to the general public, or within 600 feet of a park and ride facility.

6.

Structured parking must be screened when visible from the public right-of-way. The screen must consist of a minimum 5-foot-wide planting strip of evergreen shrubbery.

(Ord. No. 2022-127, Pts. I, II, 6-21-22; Ord. No. 2022-135, Pt. II, 6-21-22)

The TOD Residential Support (RT) Model Ordinance is a companion zone for TOD Core Zones in the proposed high-capacity transit corridors in Clayton and southern Fulton Counties. Its purpose is to respect the single-family nature of many residential areas in close proximity to the proposed transit lines, but to incrementally encourage more transit supportiveness over time.

The intent is not for jurisdictions to necessarily adopt the ordinance wholesale; instead, MARTA recommends adopting only the parts that are not addressed or in alignment with a jurisdiction's current code.

Below are seven (7) components that address small transit supportive actions that are appropriate for single-family residential areas.

1.

Purpose

2.

Definitions

3.

Minimum Standards for Infill Single-Family Dwellings

4.

Infill Design Standards

5.

Accessory Dwellings Units

6.

Duplexes

7.

Cottage Courts

RT-1 Purpose:

The intent of the RT Overlay is to encourage incremental residential growth in single-family neighborhoods that are within ½ mile of proposed high-capacity transit stations. The goal of this overlay is to:

1.

Create new housing units while respecting the look and scale of single-dwelling development

2.

Support more efficient use of existing housing stock and infrastructure

3.

Provide housing that responds to changing family needs, smaller households, and increasing housing costs

4.

Foster a more pedestrian-friendly environment.

RT-2 Definitions:

1.

Accessory Dwelling Unit. A residential living unit that is within, attached to, or detached from a single-family dwelling and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.

2.

Carport. A roofed, wall-less shed, usually projecting from the side of a building, used as a shelter for an automobile.

3.

Cottage Courts. A group of small, detached houses or attached houses centered around a common open space or courtyard. The central courtyard enhances the character of the area through the provision of consolidated open space. A cottage court may be developed on individual lots or with a common form of ownership.

4.

Duplex. Two dwellings attached to appear as a single dwelling.

5.

Garage. A completely enclosed or indoor space in which to park or keep a motor vehicle.

6.

Principal Dwelling. The main residential structure on a lot in a single-family neighborhood.

RT-3 Minimum Standards for Infill Single-Family Dwellings:

To accommodate a greater diversity of single-family housing types, the following minimums in Table are established for the RT overlay.

RT-4 Infill Design Standards:

1.

If at least 25 percent of principal dwellings on both sides of the parcel's block have front porches, a porch is required.

2.

Garages and Carports.

a.

Attached garages must be located to face to the side or rear of the property.

b.

Detached garages must be located at least 40 feet from the front property line.

c.

Carports are allowed.

RT-5 Accessory Dwelling Units:

Accessory dwelling units are permitted in the RT zone.

1.

An accessory dwelling unit may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to an accessory cottage while simultaneously constructing a new primary dwelling on the site.

2.

A maximum of one (1) accessory dwelling unit is permitted per primary dwelling.

3.

The accessory dwelling unit can be internal to the primary dwelling, attached, or detached.

4.

Accessory dwelling units must follow setback, height, and materials standards for accessory structures (refer to local code section here) with the following exceptions:

a.

An accessory dwelling unit shall maintain an aesthetic continuity with the principal dwelling

b.

An accessory dwelling unit's exterior building material, excluding architectural accents, shall be primarily brick, wood, stucco, or stone. Textured concrete masonry or cementitious fiberboard may be used as an exterior building material but shall not constitute the majority of any side of a building.

5.

The maximum lot coverage of the primary single-family dwelling and the accessory dwelling unit cannot exceed 60%.

6.

The maximum size of an accessory dwelling unit is limited to the lesser of 800 square feet or three-quarters of the living area of the primary single-family dwelling.

7.

No additional parking is required for an accessory dwelling unit.

8.

A lot or parcel of land containing an accessory dwelling unit shall be occupied by the owner of the premises, and the owner may live in either the accessory dwelling unit or the primary dwelling unit.

RT-6 Duplexes:

Duplexes that meet the following standards in Table are allowed in RT zones.

1.

Duplexes are subject to all Infill Design standards (Section RT-4)

2.

Duplexes must provide transparent windows and/or doors on at least 20 percent of all facades visible from the public right-of-way.

3.

Side-by-side duplexes must not have front elevations that are mirror images. The left side and right side of the building must be designed to include variety in at least three of the following elements:

a.

Roof style

b.

Architectural banding, trim, or cornice detail

c.

Window trim, the number of mullions or muntins, or shutters

d.

Window size and placement

e.

A covered entryway or front porch design

f.

Balconies or juliette balconies

g.

Building projections and recesses

h.

Decorative roofline elements such as brackets or chimneys

i.

Façade articulation such as bay windows or dormers

j.

One and two-story units.

4.

Duplexes with identical front elevations must not be located on adjacent building sites. Simple reverse configurations of the same elevation on adjacent lots are not sufficient. In order to qualify as a different façade elevation, dwellings must have different roofline configurations. In addition, at least three of the following architectural elements must be different from the adjacent building site(s):

a.

Architectural banding, trim, or cornice detail

b.

Window trim, the number of mullions or muntins, or shutters

c.

Window size and placement

d.

A covered entryway or front porch design

e.

Building projections and recesses

f.

Decorative roofline elements such as brackets or chimneys

g.

Façade articulation such as bay windows or dormers

h.

Exterior color and material

i.

One and two-story units.

RT-7 Cottage Courts:

Cottage courts are permitted on lots that are at least 100 feet wide and at least 120 feet deep and must meet the following standards:

1.

The maximum number of cottage units is 12

2.

Up to 50 percent of the cottage units can be attached

3.

A minimum of 25% of the site must be open/green space

a.

A central courtyard space is required, and counts towards the open/green space requirement

b.

All cottages must be within 30 feet of the central courtyard

4.

Parking must be located in the rear in a shared lot

5.

Maximum parking permitted is 1.5 space per unit

6.

For detached units, separation between units must be a minimum of 10 feet

7.

Individual unit footprints shall not exceed 30 feet by 30 feet

8.

Maximum square footage per cottage unit is 1,200 square feet

9.

Minimum square footage per cottage unit is 700 square feet.

(Ord. No. 2022-127, Pts. I, II, 6-21-22; Ord. No. 2022-135, Pt. II, 6-21-22)

Sec. 1. Purpose. The Hospital (HO) Overlay District is intended for the area surrounding the Southern Regional Medical Center as depicted in the hospital overlay boundary map. It is established to protect the limited amount of land near these hospitals. The Overlay incorporates the Southern Regional Medical Center Transit Oriented Development (TOD) Overlay District.

When the uses and development standards are in conflict, the HO takes precedence.

HO will take into consideration the future development of the Flint River as it traverses the overlay boundary.

The HO Overlay District encompasses the following tiers:

Sec. 2. Hospital Overlay District Boundary Map.

A.

Boundary Map: The boundary of the Overlay and associated tiers are shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in Article 5, Zoning Map, of this ordinance and made part of this Overlay District. The Overlay Map can be accessed on the County's Official Zoning Map online.

B.

Map Amendment: No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

Sec. 3. Application of Overlay District.

A.

The Overlay District has development standards for each of its tiers and governs all properties within its boundary as identified on the Hospital Overlay District Boundary Map.

B.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

C.

The provisions of the Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments, Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

D.

The uses are permitted in the Overlay District by Tiers which also define the underlying development standards. The permitted uses that are subject to conditional use approval is identified in each Tier, unless otherwise specified herein.

E.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

Sec. 4. Permitted and Conditional Uses District Standards by Tier.

The boundaries of the Hospital Overlay District essentially include four Tiers as follows:

Tier 1: Hospital (H-H)

Tier 2: Conservation (H-CON)

Tier 3: Residential — Mixed Use (H-RMX)

Tier 4: Medical Offices (H-MO)

Each tier is shown on a parcel-based map. The Overlay Map can be accessed on the County's Official Zoning Map online.

Tier 1: Hospital (H-H)

A.

Permitted Uses

1.

Hospital

2.

Medical and dental offices, clinics, and physical therapy facilities

3.

Pharmacy

4.

Medical supply stores

5.

Child and adult day cares

6.

Professional and business offices

7.

Restaurants (non-Drive-thru or Drive-in configuration)

8.

Undevelopable areas, including but not limited to Wetlands and Floodplain.

9.

Boardwalk, parks, and walking trails/pathways

B.

Conditional Uses

1.

Ambulance services

2.

Wireless telecommunication facility/tower (Sec. 6.37)

C.

District Standards

1.

Maximum Structure Height: None

2.

Minimum Lot Area: 10,000 SF

3.

Minimum Lot Width: 75 feet

4.

Minimum Lot Depth: None, provided that no "through lot" shall be created

5.

Sewer and Water: Requires connection to public water and sewer

6.

Minimum Front Yard Setback

i.

0 feet

ii.

15 feet when outdoor dining, landscaping, public art, fountains, or similar amenities are provided

7.

Minimum Side Yard Setback

i.

0 feet

ii.

10 feet when interior wall has windows, doors, or other openings

iii.

20 feet when abutting a residential zoning district or residential use

8.

Minimum Rear Yard Setback: 15 feet

9.

Maximum Lot Coverage: All primary and accessory structures, and impervious surfaces cannot exceed 80% of the lot area

10.

Building Orientation

i.

All buildings sited on the periphery of the development and fronting on a public street shall be oriented to the thoroughfare of greatest traffic intensity based on traffic volume, number of travel lanes and pedestrian activity. Buildings may also be oriented to accessible open space and courtyards.

ii.

Individual uses shall have pedestrian entrances directly adjacent to the public sidewalk and oriented toward the thoroughfare of greatest intensity. This requirement shall not preclude secondary entrances at the side or rear of buildings.

iii.

Buildings may be oriented to face a courtyard and individual uses may have pedestrian entrances that open directly on to a courtyard.

11.

Building Materials: Exterior facades shall utilize brick, glass, hard coat stucco or approved Dryvit stucco, stone (including faux stone) or cement-based siding materials. Metal or metallic materials may be permitted, but shall not constitute more than 20 percent of any individual facade

Tier 2: Conservation (H-CON)

A.

Permitted Uses

1.

Undevelopable areas, including but not limited to Wetlands and Floodplain.

2.

Boardwalk, parks, and walking trails/pathways

Tier 3: Residential — Mixed Use (H-RMX)

A.

Permitted Uses

1.

Medical and dental offices, clinics, and physical therapy facilities

2.

Pharmacy

3.

Medical supply stores

4.

Child and adult day cares

5.

Professional and business offices

6.

Restaurants (non-Drive-thru or Drive-in configuration)

7.

Undevelopable areas, including but not limited to Wetlands and Floodplain.

8.

Boardwalk, parks, and walking trails/pathways

B.

Conditional Uses

1.

Townhomes

2.

Multi-family in mixed-use building

3.

Wireless telecommunication facility/tower (Sec. 6.37)

C.

District Standards

1.

Maximum Structure Height: None

2.

Minimum Lot Area: 10,000 SF

3.

Minimum Lot Width: 75 feet

4.

Minimum Lot Depth: None, provided that no "through lot" shall be created

5.

Sewer and Water: Requires connection to public water and sewer

6.

Minimum Front Yard Setback

i.

0 feet

ii.

15 feet when outdoor dining, landscaping, public art, fountains, or similar amenities are provided

7.

Minimum Side Yard Setback

i.

0 feet

ii.

10 feet when interior wall has windows, doors, or other openings

iii.

20 feet when abutting a residential zoning district or residential use

8.

Minimum Rear Yard Setback: 15 feet

9.

Maximum Lot Coverage: All primary and accessory structures, and impervious surfaces cannot exceed 80% of the lot area

10.

Density

i.

Minimum: 15 dwelling units per acre

ii.

Maximum: None

11.

Building Orientation

i.

All buildings sited on the periphery of the development and fronting on a public street shall be oriented to the thoroughfare of greatest traffic intensity based on traffic volume, number of travel lanes and pedestrian activity. Buildings may also be oriented to accessible open space and courtyards.

ii.

Individual uses shall have pedestrian entrances directly adjacent to the public sidewalk and oriented toward the thoroughfare of greatest intensity. This requirement shall not preclude secondary entrances at the side or rear of buildings.

iii.

Buildings may be oriented to face a courtyard and individual uses may have pedestrian entrances that open directly on to a courtyard.

12.

Building Materials: Exterior facades shall utilize brick, glass, hard coat stucco or approved Dryvit stucco, stone (including faux stone) or cement-based siding materials. Metal or metallic materials may be permitted, but shall not constitute more than 20 percent of any individual facade.

Tier 4: Medical Offices (H-MO)

A.

Permitted

1.

Medical and dental offices, clinics, and physical therapy facilities

2.

Pharmacy

3.

Medical supply stores

4.

Child and adult day cares

5.

Professional and business offices

6.

Restaurants (non-Drive-thru or Drive-in configuration)

7.

Undevelopable areas, including but not limited to Wetlands and Floodplain.

8.

Boardwalk, parks, and walking trails/pathways

B.

Conditional

1.

Convenience store with fuel sales

2.

Place of worship (Sec. 6.13)

3.

Retail

4.

Wireless telecommunication facility/tower (Sec. 6.37)

C.

District Standards

1.

Maximum Structure Height: None

2.

Minimum Lot Area: 10,000 SF

3.

Minimum Lot Width: 75 feet

4.

Minimum Lot Depth: None, provided that no "through lot" shall be created

5.

Sewer and Water: Requires connection to public water and sewer

6.

Minimum Front Yard Setback

i.

0 feet

ii.

15 feet when outdoor dining, landscaping, public art, fountains, or similar amenities are provided

7.

Minimum Side Yard Setback

i.

0 feet

ii.

10 feet when interior wall has windows, doors, or other openings

iii.

20 feet when abutting a residential zoning district or residential use

8.

Minimum Rear Yard Setback: 15 feet

9.

Maximum Lot Coverage: All primary and accessory structures, and impervious surfaces cannot exceed 80% of the lot area

10.

Building Orientation

i.

All buildings sited on the periphery of the development and fronting on a public street shall be oriented to the thoroughfare of greatest traffic intensity based on traffic volume, number of travel lanes and pedestrian activity. Buildings may also be oriented to accessible open space and courtyards.

ii.

Individual uses shall have pedestrian entrances directly adjacent to the public sidewalk and oriented toward the thoroughfare of greatest intensity. This requirement shall not preclude secondary entrances at the side or rear of buildings.

iii.

Buildings may be oriented to face a courtyard and individual uses may have pedestrian entrances that open directly on to a courtyard.

11.

Building Materials: Exterior facades shall utilize brick, glass, hard coat stucco or approved Dryvit stucco, stone (including faux stone) or cement-based siding materials. Metal or metallic materials may be permitted, but shall not constitute more than 20 percent of any individual facade.

(Ord. No. 2024-196, § 1, 8-20-24)

A.

Purpose. The Business Corridor (BC) Overlay District is intended for the area surrounding the County's major roads within Commission District 4.

B.

Overlay District's Boundary Maps.

1.

Boundary Map: The boundary of the Overlay is shown on the Official Zoning Map, whose boundary and maps are hereby incorporated in Article 5, Zoning Map, of this ordinance and made part of this Overlay District. The Overlay Map can be accessed on the County's Official Zoning Map online.

2.

Map Amendment: No change in the boundary of the Overlay District shall be authorized, except by the Board of Commissioners pursuant to procedures in Article 13.3, Zoning Amendment (ZA), of the Zoning Ordinance.

C.

Application of Overlay District.

1.

The Overlay District governs all properties within its boundaries, as identified on the Business Corridor (BC) Overlay District Map.

2.

The standards and requirements of the BC Overlay District shall govern in any case where standards and requirements of the Overlay District conflict with those of the base Zoning Ordinance, including other applicable County Codes.

3.

Any parcel of land that is wholly or partly within the boundary shall be included in the applicable Overlay District.

4.

The provisions of the Overlay District shall apply to all applications for Zoning Amendments, Conditional Use Permits, Planned Unit Developments, Site Development Plans, Construction Plans, Preliminary Plats, Final Plats, other plats, and Building Permits for all property and rights-of-way within the boundaries of the Overlay District.

5.

The permitted and conditional uses in the Overlay District are listed in Sec. 4 of this Overlay. The Overlay District does not govern residentially zoned parcels.

6.

All State and County road and utility projects shall be exempt from all requirements of the Overlay District.

D.

Permitted and Conditional Uses.