College Park City Zoning Code

ARTICLE 6

- DEVELOPMENT STANDARDS

6.1 - Introduction.

All structures, land uses, land use changes, structural alterations, structural relocations, structural additions, and structural enlargements that are constructed, created, established, or otherwise occur after the effective date of this Code (except as may otherwise be provided within this Code) shall be subject to all Development Standards and regulations for the applicable zoning district.

6.2 - Expansion or Modification of Existing Uses and Structures.

No structure, parking area, or other site feature regulated by this Code shall be enlarged, altered, or expanded unless the minimum improvements required by this Article are provided to the property to the extent of its alteration or expansion. In the case of a substantial expansion, the portion of the site affected must meet the requirements of this Article. An alteration or expansion to an existing property is substantial when the area or square footage of the expanded or altered land (including property used for building space, parking, or storage) or structure, respectively, exceeds twenty-five (25) percent of the area or square footage of the existing land or structure, exclusive of the alteration or expansion.

6.3 - Development Standards that Apply.

Under the sections of this Article that follow are Development Standards arranged by category. The four (4) digit codes listed below are referred to in the Additional Development Standards that Apply section on the Two-Page Layout for each Zoning District.

6.4 - Lot/Yard Standards (LY).

LY-01: This Lot/Yard Standards section applies to all zoning districts.

Legal Nonconforming Lots: All existing lots in conflict with the lot/yard regulations at the effective date of this Code shall be considered Legal Nonconforming Lots.

General Requirements: Except as provided in this Code, no building or structure shall be erected, altered, enlarged or reconstructed unless such alteration, enlargement, or reconstruction conforms with the lot/yard regulations of the district in which it is located, as follows:

Front Yard Setbacks: The minimum front yard setbacks shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

Side Yard Setbacks: The minimum side yard setbacks shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

Rear Yard Setbacks: The minimum rear yard setbacks shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

Lot Areas: The minimum and maximum lot areas shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

Lot Width: The minimum lot width shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

Lot Frontage: The minimum lot frontage shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

Lot Depth: The maximum lot depth shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

Public Utility Requirements: The public utility requirements shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

Lot Coverage: The maximum lot coverage shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

10.

Living and Ground Floor Areas: The minimum dwelling unit and ground floor living areas shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

11.

Primary Structures: The maximum number of residential and/or primary structures per lot shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

6.5 - Height Standards (HT).

HT-01: This Height Standards section applies to all zoning districts.

The maximum height permitted shall be as noted in the Two-Page Layout for each Zoning District found in Article 3.

No structure may be erected or changed so as to make its height greater than specified in the applicable zoning district, except as noted below. Exceptions to the height standards include:

The following structures may exceed the permitted height if approved by the FAA:

Church steeples,

Belfries,

Cupolas and domes not intended for human occupancy,

Monuments,

Water towers, and

Utility transmission towers.

The City Council may issue conditional height zoning permits, subject to section of this zoning ordinance, which increase the limits of a building on a plot in any zoning district.

6.7 - Accessory Use/Structures Standards (AS).

AS-01: This Accessory Use/Structure Standards section applies to all districts.

All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure.

No accessory structures shall be placed in any front yard nor less than five (5) feet from any lot line and shall otherwise comply with all Development Standards for the zoning district in which they are located.

All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure. Accessory uses and structures shall not be permitted to be located, placed, or established on any lot prior to the establishment of a primary use or structure unless otherwise permitted by this Code.

Accessory structures are not deemed to include swing sets, mailboxes, lamp posts, doghouses, tree houses, and other such incidentals except as otherwise stated in this Code.

The following accessory structures are permitted, subject to all applicable requirements of this Code:

Antennas and satellite dishes,

Attached and detached decks and patios,

Gazebos,

Mini-barns, sheds, and other storage buildings,

Dumpsters, and

Similar structures related to the primary use.

Accessory uses and structures shall be consistent with the following requirements:

No more than three (3) accessory structures may be placed on any one (1) lot; and

The combined size of accessory structures on any one (1) lot may not exceed an amount equal to fifty (50) percent of the finished floor area of the primary structure on that lot.

Accessory structures shall comply with the following location requirements:

No accessory structures shall encroach on any platted easement without written consent of the agency the easement belongs to or is managed by.

No accessory structures shall be placed in any operable septic fields.

A minimum separation of ten (10) feet shall be provided between an accessory structure and any primary structure or other accessory structure.

All accessory structures, with the exception of gazebos and decks, shall only be located to the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure. In no case may any accessory structure be located closer to the front property line than the setback provided by the primary structure.

No vehicle may be used as an accessory structure in any district.

Barns and other similar agricultural buildings shall be considered primary structures on property used for agricultural purposes. All other structures on property used for agriculture, including dwellings, shall be considered accessory structures.

6.8 - Temporary Building Standards (TB).

TB-01: This Temporary Building Standards section applies to all districts.

Temporary buildings. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

6.9 - Home Occupation Standards (HO).

HO-01: This Home Occupation Standards section applies to all districts.

Home occupations shall be allowed as either permitted uses or conditional uses consistent with the provisions of Article 3 of this ordinance. The allowed home occupations are classified as either a Type I Home Occupation or a Type II Home Occupation as defined below.

Type I Home Occupations: Type I Home Occupations are those which meet the following standards; representing requirements which permit minimal business practices in certain residential zoning districts while maintaining residential character. Type I home occupations shall be permitted uses, consistent with the Accessory Use and Structure Standards of this Article and the provisions of Article 3 of this Code.

The home occupation must not involve retail sales or manufacturing, and shall be limited to small home-office operations.

The home occupation must not involve the employment of any person other than those residing at the location of the home occupation.

At least one (1) person residing on the premises must be the primary operator of the home occupation.

The equipment used for the home occupation must be limited to computers, fax machines, telephones, copy machines, and other small business office equipment.

The home occupation must not involve any exterior storage or display of products, equipment or materials.

The home occupation must not make any use of accessory structures, including attached and detached garages.

The home occupation must utilize no more than twenty-five (25) percent of the total floor area of the primary structure.

The home occupation must not require any exterior, structural or aesthetic alterations to the dwelling unit that change the residential character of the dwelling unit.

The home occupation must not require any additional entrances to the dwelling unit.

10.

The home occupation must not require an identification sign exceeding two (2) square feet attached to the primary structure. No off-site signs or signs in the yard of the property shall be permitted.

11.

The home occupation must not require increasing or enhancing the size, capacity, or flow of the water, gas, septic, sewer, or electrical system beyond what is standard for a residence.

12.

The home occupation must not involve clients, associates, or persons visiting, shopping, meeting, or otherwise doing business at the location of the home occupation, and therefore not require the addition of any off-street parking spaces.

13.

The home occupation must not require the use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, UPS, and other express curriers.

Type II Home Occupations: Type II Home Occupations are those which meet the following standards; representing requirements which permit reasonable business practices in certain residential and agricultural zoning districts while maintaining residential and rural character and the viability of farming operations. Type II home occupations shall be conditional uses, consistent with the Accessory Use and Structure Standards of this Article and the provisions of Article 3 of this Code.

The home occupation must not involve retail sales or manufacturing operations, but may include professional and personal services, baking, arts and crafts, sewing and alterations, small appliance and electronic repair, or any other business approved by the City Council.

The home occupation must not involve the employment of any more than one (1) person who does not reside at the location of the home occupation.

At least one (1) member residing on the premises must be the primary operator of the business.

6.10 - Day Care Facilities and Centers Standards (DCF).

DFC: This Day Care Center Standards section applies to the commercial districts:

Each child/adult day care center shall be subject to the following requirements:

All regulated facilities shall comply with the State regulation and acquire applicable State licenses for operation.

Each child day care facility shall provide not less than thirty-five (35) square feet of indoor play area for each child, based on maximum permissible enrollment.

Each child day care facility shall provide a minimum outdoor play area equal to two hundred (200) square feet times one-third (⅓) of the Center's licensed capacity for children.

All required outdoor play/recreation areas shall be enclosed by a fence or wall not less than four (4) feet in height.

Each child/adult day care center shall provide off-street parking spaces as required by the applicable zoning district and an adequate turnaround on the site.

6.11 - Personal Care Home Standards (PCH).

PCH-01: This Personal Care Home Standards section applies to RS-1 and RM.

Personal care homes may be permitted by right or by conditional use permit in the designated zoning district subject to the following conditions:

Any exterior modifications to an existing structure or construction of a new structure will be consistent with the character of the surrounding neighborhood;

The personal care home provides on-site parking and/or drop-off space adequate to meet the needs of the proposed facility;

The personal care home provides to the College Park fire and police departments a current list of residents living in the facility who have disabilities, and information concerning special needs, so as to ensure each resident's safety and removal from the premises in the event of a fire or similar emergency within the home;

The personal care home has obtained all federal and/or state permits or licenses required for its operation; and

No personal care home may be located within one thousand five hundred (1,500) feet of another personal care home and there shall be a maximum of one (1) personal care home for every four thousand (4,000) persons in the city. A Special Exception to these restrictions may be granted by the Mayor and City Council upon showing by the applicant that said exception would not change the character of the residential neighborhood and would otherwise be a reasonable accommodation as defined by the Fair Housing Act or other applicable law.

6.12 - Group Homes, Homeless Shelters, and Halfway Homes Standards (GH).

GH-01: This Group Home Standards section applies to all zoning districts.

Group homes. Group homes may be permitted by right or by conditional use permit in the designated zoning district subject the following conditions:

No additional parking beyond the existing driveway and garage areas is allowed on the property where the group home is located, and vehicles may only be parked on such areas. In the event that additional parking is required, the operator of the group home may apply for a variance from the mayor and council to increase the existing parking area, such increase to be confined to the rear of the lot;

The group home provides to the College Park fire and police departments a current list of residents living in the facility who have disabilities, and information concerning special needs, so as to ensure each resident's safety and removal from the premises in the event of a fire or similar emergency within the home;

The governing body for the facility provides the city with the names and telephone numbers of two (2) persons who can be contacted in the event of an emergency;

As used herein "governing body for the facility" shall mean the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control the facility and which is legally responsible for the operation of the facility;

The existing structure is upgraded and inspected by the city with respect to the accommodation and accessibility of the structure by disabled persons;

No controlled substances are stored, served, sold, consumed, or in the possession of any person in the facility;

An operable telephone is maintained and readily available in the facility; provided further that the city shall be contacted immediately in the event that a physical altercation or any violation of state or federal law or local ordinances occurs on the premises;

The facility at all times of operation adheres to the guidelines and procedures as provided by Georgia Department of Human Resources, Office of Regulatory Services.

Unless more stringent restrictions apply, in all group homes and similar facilities, every room occupied for sleeping purposes by one (1) person shall contain at least eighty (80) square feet of floor space and every room occupied for sleeping purposes by more than one (1) person shall contain at least eighty (80) square feet of floor space for each occupant thereof.

10.

The facility is made to be in compliance with all applicable life safety codes including but not limited to federal, state and local fire and building codes.

11.

No group home may be located within one thousand five hundred (1,500) feet of another group home and there shall be a maximum of one (1) group home for every four thousand (4,000) persons in the city. A Special Exception to these restrictions may be granted by the Mayor and City Council upon showing by the applicant that said exception would not change the character of the neighborhood and would otherwise be a reasonable accommodation as defined by the Fair Housing Act or other applicable law.

Homeless shelters. Homeless shelters may be permitted subject to a conditional use in the designated zoning district with the following conditions:

Any modifications to the existing structure will not increase the overall square footage of the existing structure;

Any exterior modifications to the existing structure will be consistent with the character of the surrounding neighborhood;

There is not another homeless shelter located within the same ward of the city;

The homeless shelter is not located within one thousand five hundred (1,500) feet of an existing homeless shelter;

The governing body for the homeless shelter maintains two (2) responsible persons on the premises when the shelter is open for every ten (10) people staying in the facility, and provides the city with the names and telephone numbers of two (2) persons who can be contacted in the event of an emergency. As used herein, "governing body for the homeless shelter" shall mean the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control the facility and which is legally responsible for the operation of the facility;

At least one (1) functional toilet, lavatory, and bathing or showering facility is provided for each eight (8) beds for the shelter;

Separate and adequate clean laundry storage and separate and adequate soiled laundry storage rooms are provided appropriate to the linen needs of the shelter. Clean and sanitary linens shall be provided to persons staying in the shelter, and no common use of towels or linens shall be permitted;

The facility is provided with a heating and cooling system designed to maintain a temperature of seventy-two (72) degrees Fahrenheit in all habitable rooms and corridors;

The facility maintains adequate trash service to prevent the accumulation of waste on the premises;

10.

No more than forty (40) beds are maintained within the shelter;

11.

No persons are allowed within the shelter until 6:00 p.m., and all persons shall vacate the shelter by 7:00 a.m. the next day. Provided further that the shelter shall not permit any person to be on the premises surrounding the shelter one (1) hour after it closes, or more than thirty (30) minutes prior to its opening;

12.

No person is allowed to stay in the shelter in excess of ten (10) days within a ninety-day period;

13.

No alcoholic beverages or controlled substances are stored, served, sold, consumed, or in the possession of any person in the shelter;

14.

An operable telephone is maintained and readily available in the shelter; provided further that the city shall be immediately contacted in the event that a physical altercation or other violation of state or federal law or local ordinance occurs on the premises;

15.

The number of homeless shelters within the city does not exceed one (1) such facility for each ten thousand (10,000) citizens or fraction thereof, according to the United States Decennial Census of 1990, or any future such census;

16.

The homeless shelter provides on-site parking and/or drop-off space adequate to meet the needs of the proposed facility; provided, however, that any modifications to the existing parking or drop-off area will not increase the overall square footage of the existing area; and

17.

The homeless shelter has obtained all federal and/or state permits or licenses required for its operation.

Halfway houses. Halfway houses may be permitted by right or by conditional use permit in the designated zoning district subject the following conditions:

Any modifications to the existing structure will not increase the overall square footage of the existing structure;

Any exterior modifications to the existing structure will be consistent with the character of the surrounding neighborhood;

The halfway house provides on-site parking and/or drop-off space adequate to meet the needs of the proposed facility; provided, however, that any modifications to the existing parking or drop-off area will not increase the overall square footage of the existing area;

There is not another halfway house located within the same ward of the city;

The halfway house is not located within one thousand five hundred (1,500) feet of an existing halfway house;

The halfway house does not require more than two (2) residents to occupy a bedroom within the structure;

The governing body for the facility maintains two (2) responsible persons on the premises, and provides the city with the names and telephone numbers of two (2) persons who can be contacted in the event of an emergency. As used herein "governing body for the facility" shall mean the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control the facility and which is legally responsible for the operation of the facility;

At least one (1) functional toilet, lavatory and bathing or showering facility is provided for each four (4) persons living in the facility, including live-in staff and residents;

The facility provides laundering facilities on the premises for residents' personal laundry;

10.

No alcoholic beverages or controlled substances are stored, served, sold, consumed, or in the possession of any person in the facility;

11.

12.

The number of halfway houses within the city does not exceed one (1) such facility for each ten thousand (10,000) citizens or fraction thereof, according to the United States Decennial Census of 1990, or any future such census; and

13.

The halfway house has obtained all federal and/or state permits or licenses required for its operation.

6.13 - Architectural and Appearance (AA).

AA-01: These Architectural and Appearance Standards section applies to all Residential Zoning Districts.

It is the intent of this section is to encourage architectural that is unobtrusive and of a design, material, and color that blends harmoniously with the natural surroundings and the form and scale of existing adjoining neighborhood architecture. Architectural Design Standards are not meant to stifle innovative design or diversity, but to safeguard property values and long-term economic assets through quality design and development.

Compliance: Compliance with this Article, as determined by the City Planner, shall be required as a condition precedent to the issuance of a preliminary plat approval or building permit for any residential dwelling or structure. A decision by the City Planner or request for a variance may be appealed to the Board of Zoning Appeals, as provided within Article 15. Furthermore, the City Planner may adopt administrative regulations establishing the submittal requirements necessary to determine whether a proposed residential dwelling or structure complies within this Article.

Plan Book: A Plan Book shall be submitted by the Applicant to the City Planner for all proposed development of new single-family, two-family, townhouse, condominium, and multiple family development. The documents shall include, but are not limited to: allowable building elevations, design criteria applicable for entries, porches, doors, windows, dormers, columns, cornices, rakes, garages, roofs, landscaping, fencing, retaining walls, exterior colors and materials, and other pertinent information as required by the City Planner.

AA-02: Architectural Design Standards for Single-Family Detached or Two-Family Attached Residential Dwellings.

Exterior Finish: The exterior finish of all new single-family detached or two-family attached residences should consist of a combination of brick veneer, concrete masonry veneer, hardboard of panel siding (vertical or lap siding) horizontal, stone veneer, vinyl siding, natural wood painted or stained, shiplap, fiber cement panel siding, fiber cement lap siding, three-coat stucco, or any other product approved by the City Planner. Exterior finish materials shall be approved by the City Planner as part of the "plan book". Structures utilizing a single exterior finish material shall be permitted with approval from the City Planner.

Roof Pitch: All single-family detached and two-family attached residences should have a minimum roof pitch of 6 to 12 over the primary structure.

Chimney: Chimneys located on the exterior building wall of the dwelling must extend to the ground and be clad in brick, stone, or masonry finished materials or the same as adjacent materials.

Decks: Decks shall be located within the rear yard only.

Accessory Structures: Accessory structures should be architecturally compatible with the primary structure.

AA-03: Architectural Design Standards for Residential Townhomes.

Exterior Finish: Exterior finished material shall be constructed with a combination of brick veneer, concrete masonry veneer, hardboard of panel siding (vertical or lap siding) horizontal, stone veneer, vinyl siding, natural wood painted or stained, shiplap, fiber cement panel siding, fiber cement lap siding, three-coat stucco, or any other product approved by the City Planner. The use of architectural details such as window shutters, window pediments, door pilasters, gable pediments, wrought iron railings, and decorative lighting, are strongly encouraged. Exterior finish materials, architectural detailing, and decorative trim shall be approved by the City Planner as part of the "plan book". Any building elevation that is visible from the street must be consistent with the front facades.

Color: The primary color of building exteriors should be compatible with the colors of adjacent buildings and in character with the surrounding area, provided the trim may be of a contrasting color.

Facades: Walls visible from a public street, adjacent off-street parking areas or other residential uses should include windows and architectural features similar to the front facade of the building, including, but not limited to awnings, cornice work, edge detailing or other decorative finish materials.

Porches: All main entrances to the units should have a porch or stoop facing the street that is at least six-feet in depth and thirty (30) square feet in area.

Roofs: All buildings should have pitched roofs. The roofline may also include varying lines customary with gable or hip style roofing. Functional dormer window features are encouraged. Permitted roofing materials include asphalt shingles, cedar shake and slate. Standing seam metal roofing is not permitted on residential structures.

Buildings that terminate a view or are located at street intersections: Buildings that terminate a view or are located at street intersections should provide distinct and prominent architectural features or otherwise create a distinctive visual landmark.

Garages: All single-family attached townhouse developments should have an attached or detached, one-car garage, which is enclosed on at least three (3) sides, and be architecturally consistent with the primary structure.

Accessory Structures: Accessory structures should be architecturally compatible with the primary structure.

AA-04: Architectural Design Standards for Residential Condominiums.

Color: The primary color of building exteriors should be compatible with the colors of adjacent buildings and in character with the surrounding area, provided the trim may be of a contrasting color.

Exemption: Condominiums established via the conversion of an existing apartment development are exempt from this provision.

Accessory Structures: Accessory structures should be architecturally compatible with the primary structure.

AA-05: Architectural Design Standards for Multi-family Residential Apartment Developments.

Color: The primary color of building exteriors should be compatible with the colors of adjacent buildings and in character with the surrounding area, provided the trim may be of a contrasting color.

Accessory Structures: Accessory structures should be architecturally compatible with the primary structure.

6.14 - Bed and Breakfast Standards (BB).

BB-01: This Bed and Breakfast Standards section applies to all zoning districts where permitted.

Owner Operation and Occupancy Required. A bed and breakfast establishment shall be operated, maintained, and occupied by the property owner.

Location of Guest Rooms. Bedrooms for paying guests shall be located in the main residence of the property owner, with access to each bedroom provided from within the residence.

Maximum Number of Guest Rooms. A bed and breakfast establishment shall provide no more than eight (8) bedrooms for paying guests. Guest rooms shall not have cooking facilities.

6.15 - Agricultural Uses Standards (AU).

AU-01: This Agricultural Uses Standards section applies to all zoning districts where permitted.

Agricultural uses in residential districts shall be subject to the following regulations:

Permitted Accessory Structures. In addition to fences, as regulated in division (b) of this section, a permitted agricultural use may be served by the following accessory structures: sheds, greenhouses, coops, cages, beehives, hoop houses, cold frames, barns, rain barrels, composting, farm stands as regulated in division (d) of this section, and similar structures not exceeding fifteen (15) feet in height.

Fences. Fences for agricultural uses shall be permitted in accordance with the regulations applicable to fences in Residential Districts, except that the following regulations shall apply where an agricultural use is the principal use in a residential district.

Front Yard and Other Street Yard. A fence located in a required front yard, side street yard or other street yard, shall not exceed four (4) feet in height and shall be either ornamental or black or dark green, vinyl-coated chain link.

Other Locations. A fence located at or behind the setback line of a required front yard or other street yard shall not exceed six (6) feet in height and shall be either ornamental or chain link. Any open lot area between a fence and a street line shall be planted with grass or other vegetation.

Setbacks for Structures. No permitted accessory structures to an agricultural use, other than fences and farm stands, shall be located in a required front yard or side street yard area line or within eighteen (18) inches of an interior side or rear lot line.

Sale of Produce. Where such sales have been permitted, agricultural products, plants, eggs and honey grown or produced on a property or within one thousand (1,000) feet of the subject property may be sold on the premises of an agricultural use in a residential district if the agricultural use is the only use of the subject property or occupies at least seventy-five (75) percent of the property. In addition, foods prepared on site or off site may be sold if the principal ingredients are grown or produced on the subject property or within one thousand (1,000) feet of the subject property. No sales shall be made before 8:00 a.m. or after dusk. Food sales shall be licensed by the County Health Department.

Farm Stands. Where a farm stand has been permitted, any such farm stand located in a required front yard area in a single-family district shall be removed from the front yard or stored inside a building on the premises during that time of the year when the garden or farm is not open for public use. Farm stands shall not occupy more than two (2) percent of the subject property's land area and, in single family districts, farm stands also shall not exceed two hundred (200) square feet in area on the subject property. A farm stand shall be set back at least five (5) feet from any lot line.

City Council Approval. No agricultural produce or related products may be sold from the property of an agricultural use and no farm stand for the sale of such products may be located on the property unless the City Council determines, after public notice and public hearing, that the farm stand and sales will meet a community need without adversely affecting the neighborhood. In making this determination, the Council shall consider, among others, the following factors:

The nature of nearby uses of land with respect to their sensitivity to the activity associated with farm stand sales;

The proximity of the farm stand to one-family and two-family houses;

Traffic volumes on the street on which the subject property is located;

The availability of off-street or on-street parking to serve the farm stand use;

The proximity of other farm stands serving the immediate area; and

The maintenance of a substantially unobstructed view in the setback area which shall include a clear view through the farm stand above a height of three (3) feet.

Maintenance. Any land devoted to agricultural use shall be well-maintained and shall be free of excessively tall weeds or grass. All accessory structures to an agricultural use shall also be well maintained.

6.16 - Keeping of Farm Animal Standards (FA).

Livestock - Cows, Horses, Mules, Goats. The keeping of livestock shall be governed by the following regulations in addition to the regulations listed under Chapter 4 of the City Code.

Setbacks. No horse, mule or goat shall be kept, maintained, or grazed within seventy-five (75) feet of any residence, including the owners, or business within the City or neighboring jurisdiction.

Number. No more than one (1) such animal shall be kept on a parcel of land for each five thousand (5,000) square feet of parcel or lot area.

Enclosures and Fences. All animals must be completely fenced in by a barrier of at least six (6) feet in height.

Location. All animals in residential districts must be kept in the rear of the property.

Slaughter. Live slaughter shall be prohibited in all residential districts.

Exemptions. Goats that have been placed for the clearing of kudzu or other animals present for a defined amount of time shall be exempt from these requirements with a Special Event Permit provided by the Mayor and City Council.

Chickens and similar animals. The keeping of chickens, ducks, rabbits and similar farm animals, and cages, coops and enclosures for the keeping of such animals, shall be governed by the following regulations. In All Districts, the following regulations shall apply:

Number. No more than one (1) such animal shall be kept on a parcel of land for each twelve hundred (1,200) square feet of parcel or lot area. For a standard residential lot of eight thousand (8,000) square feet, this regulation would permit no more than a total of six (6) such animals.

Setbacks. The coops, cages, or pens housing such animals may not be located in front yard or side street yard areas and shall not be located within five (5) feet of a side yard line nor within five (5) feet of a rear yard line. In addition, these structures may not be located within seventy-five (75) feet of any residence or business including the owner's residence.

Prohibitions. No roosters, geese, turkeys or other similar animals, to be evaluated by the City Planner, may be kept in a residential district except on a parcel that is two (2) acres in area and only if the coop or cage housing the animals bird(s) is at least one hundred (100) feet from all property lines. For parcels greater than two (2) acres in area, one (1) additional such bird may be kept for each twenty-four thousand (24,000) square feet in excess of the two (2) acres. No predatory birds may be kept on any property of this section.

Coops and Cages. All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals exclusive of areas used for storage of materials or vehicles. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages, singly or in combination, shall not exceed fifteen (15) feet in height.

Enclosures and Fences. Chickens and other similar animals must be completely fenced within the yard by a barrier, which is at least six (6) feet tall. Chickens, and other similar animals shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the animals on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each animal.

Beekeeping. The keeping of bees, and associated beehives, shall be governed by the following regulations. In All Districts, the following regulations shall apply:

Number. No more than one (1) beehive shall be kept for each two thousand four hundred (2,400) square feet of lot area, and no beehive shall be kept on a lot less than two thousand four hundred (2,400) square feet in area.

Location and Setbacks. No beehive shall be kept closer than five (5) feet to any lot line and ten (10) feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard or side street yard. The front of any beehive shall face away from the property line of the Residential property closest to the beehive.

Fences and Shrubs. A solid fence or dense hedge, known as a "flyway barrier," at least six (6) feet in height shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines and for beehives that are located on porches or balconies at least ten (10) feet above grade, except if such porch or balcony is located less than five (5) feet from a property line.

Water Supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.

Prohibitions. No Africanized bees may be kept on a property under the regulations of this section.

Building Permits. A Building Permit shall be required for installation of a fence or for construction of a stable or other structure routinely requiring such permit, except that no Building Permit shall be required for cages, coops or beehives that are not permanently attached to the ground or to another structure and do not exceed thirty-two (32) square feet in area nor eight (8) feet in height. No Building Permit shall be required for the barrier constituting a required enclosure if such barrier is not permanently attached to the ground and does not exceed three (3) feet in height; and no permit shall be required for a "flyway" barrier not exceeding six (6) feet in height.

Enforcement. The City Planner or designee with Code Enforcement shall have the authority to inspect any property to determine compliance with the regulations of this section regarding the construction and permitted placement of enclosures, fences, cages, coops, beehives, stables, and other structures used in the keeping of farm animals or bees and shall have the authority to enforce the regulations of this section as they apply to such matters.

Nuisances. The City of College Park may enforce the removal of any animals that are deemed to be a nuisance due to order, noise, or other reason cited according to Article IV, Nuisance Abatement.

Variances. The Board of Zoning Appeals may vary the regulations of this section as they apply to a particular property if it determines that such variance will uphold the intentions of the requirements outlined in this chapter and not cause a detriment to other adjacent properties.

(Ord. No. 2021-01, § 2, 3-15-21)

6.17 - Automobile Repair and Washing Standards (AU).

AU-01: This Minor Automobile Repair Standards section applies to all zoning districts where permitted.

Minor automotive repair businesses such as oil change facilities, muffler shops, shock absorber replacement, tire stores, minor engine repair, subject to the following conditions:

All repair work shall be conducted completely within an enclosed building.

Vehicles shall not be allowed to be stored outside for more than forty-eight (48) hours unless awaiting repair for which a work order, signed by the vehicle owner, is posted in the vehicle so as to be visible from outside the vehicle. Vehicles with valid work orders may be stored in the rear yard for up to fourteen (14) days.

The applicant shall submit a pollution incidence protection plan (PIPP). The PIPP shall describe measures to prevent air, soil and groundwater contamination caused by spills, discharges or leakage, such as but not limited to special check valves, drain back catch basins and automatic shut off valves. The site and business operation shall be maintained in accordance with the PIPP and all applicable local, state and federal environmental protection laws, ordinances and regulations.

In the event that an automotive repair business has been abandoned or terminated for a period of more than one (1) year, a new conditional use approval shall be required before the site can be re-occupied for this use.

AU-02: This Automobile Wash Standards section applies to all zoning districts.

Automobile car wash, automatic or self-service subject to the following:

All washing facilities shall be within a completely enclosed building.

Vacuuming and drying may be located outside the building, but shall not be located in the required front yard and shall be set back at least 50 feet from any residential district or existing residential use.

All cars required to wait for access to the facilities shall be provided stacking spaces fully off the street right-of-way that does not conflict with vehicle maneuvering areas to access gasoline pumps or vacuums, and required parking spaces.

All signs located throughout the site such as those that label the vacuum stations shall count toward to the total sign area permitted for the site.

AU-03: This Major Automobile Standards section applies to all zoning districts.

Major auto repair, including but not limited to engine and transmission repair and replacement, body repair and undercoating shops, subject to the following:

All repair work shall be conducted completely within an enclosed building.

6.18 - Barber Shop, Hairdressing, Hair Braiding, Salon, and Beauty Store Standards (BH).

BH-01: This Barber Shop, Hairdressing, Hair Braiding, Salon, and Beauty Store Standards section applies to all zoning districts where permitted.

Within the Main Street and Virginia Avenue Business District, no Barber Shop, Hair Braiding, Hair Dressers, Salons, and Beauty Supply Store may be located within three hundred (300) feet of another Barber Shop, Hair Braiding, Hair Dressers, Salons, and Beauty Supply Store.

(Ord. No. 2019-05, § 2, 4-15-19)

6.19 - Crematorium Standards (CM).

CM-01: This Crematorium Standards section applies to all zoning districts where permitted.

No crematorium shall be erected within four hundred (400) feet of a residentially zoned property or any property containing a dwelling unit. All measurements shall be from structure to residential property line or from structure to property line where a residential dwelling exists, unless there exists and intervening interstate.

6.20 - Collection Bin Standards (CB).

CB-01: This Collection Bin Standards section applies to all zoning districts where permitted.

Permit required. It is unlawful for any person to place, operate, maintain or otherwise use a collection bin on any lot within the municipal limits of the city without first obtaining a bin permit under this section. The owner or operator of a collection bin on any lot in the city before the date of the adoption of this section shall have until thirty (30) days after the date that this ordinance is adopted to obtain a bin permit under this section or to remove such bin.

Permit application. Any person seeking the issuance of a bin permit shall file a written application for such permit with the City Planner. Such application shall be made on forms provided by the administrator. An application for a bin permit shall include, or have attached thereto, the following information:

The name, address (including email address) and telephone number of the applicant. If the applicant is not an individual, the application shall also include the name, address (including email address) and telephone number of an individual who will serve as its contact.

If the applicant claims to be a qualified nonprofit entity, a copy of the determination letter issued by the United States Internal Revenue Service stating that the applicant is a public charity exempt under 26 U.S.C. § 501(c)(3).

If the applicant does not claim to be a qualified nonprofit entity, proof of a current, valid occupational tax certificate issued to the applicant by the city.

The address and tax parcel identification number as shown in the records of the county tax assessor of the lot where the collection bin is to be located.

If the applicant is not the property owner of the lot upon which the collection bin is to be located, the application must contain:

The name, address (including email address) and telephone number of the property owner of such lot; and

A written statement signed by the property owner indicating his consent to the installation of the collection bin on the lot and indicating that he is aware of his responsibilities and obligations arising under this section for such installation.

A map identifying:

The proposed site on the lot where the collection bin is to be located;

The location and dimensions of all parcel boundaries of the lot;

The location of all buildings, signs, motor fuel-dispensing facilities (including any overhanging canopy structures), commercial sanitation dumpsters, fences or other structures on the lot and the distance between any such structure and the proposed site of the collection bin;

The location and dimensions of all existing and proposed driveways, garages, parking spaces or areas, vehicular maneuvering areas, curbing, sidewalks, access routes for handicapped or disabled individuals and painted surface markings on such lot and the distance between each and the proposed site of the collection bin.

Photographs of the lot on which the collection bin will be located.

A drawing or manufacturer's specification of the collection bin identifying the height, width and color of such bin; the material(s) of which such bin is constructed; the number, size and location of any openings on such bin; and the number of lids or covers for such openings and the materials of which such lids or covers are made.

A description or diagram of any locking mechanism(s) for any lids or covers on the collection bin.

10.

A plan stating the frequency and methods by which the collection bin will be inspected for general cleanliness, graffiti, and litter and rubbish located on or around such bin and the planned remedial steps to be taken.

11.

A plan stating the frequency and methods by which the collected household material, clothes, shoes, books and other salvageable items of personal property will be removed from the collection bin.

12.

If the applicant is not the property owner of the lot upon which the collection bin is to be located, a written statement signed by the applicant consenting to the immediate removal of the bin from the lot at the request of the property owner.

13.

Documents establishing that the applicant has liability insurance coverage for the collection bin of at least one million dollars ($1,000,000.00).

14.

Any other information that the administrator deems necessary to determine that the issuance of the proposed bin permit would fully comply with the requirements of this section, the Zoning Ordinance, and the Code of Ordinances.

Decision on application.

Upon receipt of an application for a bin permit containing all information required, the payment of the full amount of the permit fee and a determination that the collection bin and its proposed location comply with all requirements of this section, the Zoning Ordinance, and all other ordinances and laws of the city, the administrator shall grant the permit. The City Planner shall deny any application for a bin permit if any of the following circumstances exist:

The application does not contain all information required.

The information in such application is not sufficient to determine whether the bin permit should be issued or denied.

The application contains any materially false information.

The lot upon which the bin permit is to be located has contained any condition constituting a public nuisance under the Code of Ordinances at any time within six (6) months prior to the submission date.

The applicant is currently in violation of any provision in this section or has been found in violation of any provision of this section within one (1) year prior to the submission date.

In the event that more than one (1) application is submitted for a bin permit for one (1) lot, the administrator shall review and decide each application in the order by which they were received, with the first application submitted be considered first, the second application submitted be considered second, and so forth. A decision granting or denying an application for a bin permit shall be made within thirty (30) calendar days of the submission date.

An incomplete application shall be denied and a subsequently submitted application containing all of the information required shall be assigned a new submission date. Should a decision on the application not be made prior to the expiration of said thirty-calendar-day period, the applicant shall be permitted to place and maintain the collection bin under this subsection unless and until such time as the administrator notifies the applicant of the denial of the application and states the reason(s) for such denial.

No person placing and maintaining a collection bin under this subsection shall acquire any vested rights to the continued placement and/or maintenance of such bin. Should the administrator subsequently deny the application, any collection bin placed pursuant to this subsection shall be removed within seven (7) calendar days of that denial.

The denial of an application for bin permit may be appealed to the board of zoning appeals. Any such appeal shall occur under the following procedures:

The applicant shall deliver a written notice of appeal to the board of zoning appeals within fourteen (14) calendar days of the decision date. In the event that no appeal is made within this fourteen-day period, the decision of the administrator shall become final.

In the event that a timely appeal is filed, the board of zoning appeals shall review the application for a bin permit, the decision of the administrator, and any other information submitted by the applicant in support of the appeal to determine if the application and the collection bin and its proposed location comply with all requirements of this section, the Zoning Ordinance, and all other ordinances and laws of the city. The review by the board of zoning appeals shall be limited to a determination of whether or not the decision of the administrator was clearly erroneous. The board of zoning appeals shall make a final determination of the appeal within sixty (60) calendar days of the date that the appeal was filed.

Any appeal of the decision of the board of zoning appeals shall be taken to the Superior Court by a petition for a writ of certiorari.

Issuance of bin permit; renewal.

The fee to obtain a bin permit shall be two hundred dollars ($200.00), an amount that shall not be prorated on the basis of the time during a calendar year when an application is submitted. No bin permit shall be issued until the permittee has remitted to the administrator the full amount of the permit fee. In the event that the City Planner grants an application for a bin permit or the board of zoning appeals reverses the administrator's denial of such application, the administrator shall issue the bin permit upon receipt of the full amount of the permit fee. The bin permit shall be issued on a form prescribed by the City Planner and shall contain the following information:

The number assigned to the bin permit.

The date of issuance.

The address of the lot where the collection bin is to be located.

The name, address (including email address), and telephone number of the permittee.

Each collection bin located in the city shall be marked with the number of the bin permit affixed on such bin in a manner that such number shall be durable and readily visible to the public.

No permittee shall sell, convey, assign or otherwise transfer a bin permit to another person.

Any bin permit granted pursuant to this section shall expire on December 31 of each year. The permittee may apply for a renewal of the bin permit by submitting to the administrator at least thirty (30) days before the expiration of such permit a renewal application and the required permit fee. Any renewal application shall contain all information required.

Location of collection bins.

A collection bin is allowed only as an accessory use to the principal use of the lot. A collection bin shall be located to the side or the rear of the primary building or structure on the lot. No collection bin may be placed on a lot where there is not a primary building or structure that is currently in use and occupied. In the event that the primary building or structure on the lot becomes vacant, the permittee shall remove the collection bin from the lot within seven (7) days of such occurrence.

No collection bin shall be located on any lot owned or operated by the city or on any public street, road, highway, sidewalk or other public right-of-way.

No collection bin shall be located on any lot without the prior written consent of the property owner.

No collection bin shall be located within fifty (50) feet of any public street, road, highway, sidewalk or other public right-of-way.

No collection bin shall be located within ten (10) feet of any fire hydrant.

A collection bin may be placed only on a lot located in a non-residential zoning district.

No collection bin may be placed on a lot located in a residential zoning district, the Downtown Business District, the lots abutting or having access on Virginia Avenue or the lots abutting or having access on Old National Avenue.

No collection bin may be placed within fifty (50) feet of any lot located in a residential zoning district.

A maximum of one (1) collection bin may be placed on any lot.

10.

A maximum of twenty (20) collection bins may be located within the municipal limits of the city.

11.

A collection bin may be located only upon an impervious surface consisting of concrete, asphalt, or brick and shall be anchored to such surface.

12.

No collection bin shall be placed on a lot in such a manner that it reduces the parking area or the number of parking spaces on the lot below any minimum parking requirements of the Zoning Ordinance.

13.

No collection bin shall be located within any building setback or established buffer area.

14.

No collection bin shall be placed in such a manner as to block any vehicular or pedestrian sight line.

15.

Notwithstanding any other distance requirements contained in this section, no collection bin shall be located in, or block or impede access to, any of the following:

Any parking space or area;

Any driveway;

Any garage;

Any sidewalk or other pedestrian route;

Any emergency vehicle route;

Any building ingress or egress;

Any handicapped or disabled access route;

Any easement;

Any commercial sanitation dumpster;

Any trash bin or enclosed trash bin area;

Any location that would impede the functioning of exhaust, ventilation or fire extinguisher systems.

Physical requirements of collection bins.

Each collection bin must be constructed of 14-gauge or 16-gauge, powder-coated, galvanized steel.

Each collection bin must be 47.5 inches in width, 39.5 inches in depth, and 72.5 inches in height.

A collection bin shall be designed and constructed in such a manner that prevents it from tipping over.

A collection bin shall be maintained in good condition and appearance with no structural damage, holes or visible rust. A collection bin shall be graffiti free.

Each collection bin shall be painted or stained with a low reflectance and subtle neutral or earth-tone color scheme. High intensity colors, metallic colors, black or fluorescent colors shall not be used.

Each collection bin shall have a lid or top to protect the contents from the weather. Such lid or top shall remain closed at all times except when the contents of the collection bin are being removed and shall be secured with a tamper proof lock.

All doors and openings on a collection bin shall be placed at a height and a location to minimize the likelihood that a minor child could gain ingress in such bin.

The front, exterior surface of each collection bin shall display the following information:

A statement indicating that no donated items are to be placed outside of the collection bin;

The name and address (including email address if applicable) of the permittee; and

A telephone number for the permittee by which an individual can communicate directly with an agent of the permittee or leave a message for the permittee at any time during any twenty-four-hour period.

Such information shall be conspicuously displayed so that it is readily visible to the public.

Maintenance and operation.

No collection bin shall be permitted to overflow with donated items or to accumulate such items, junk, litter, rubbish or other materials surrounding it.

A collection bin shall be used only for the collection of clothes, shoes, books, and other salvageable personal items that are of a size that can fit within the door or the opening on such bin through which items are to be deposited. Collection bins shall not be used for the collection of solid waste or any hazardous materials.

Collection bins shall be serviced at least once every two (2) weeks or more often as needed to collect donated items. The time of such servicing shall occur between 7:00 a.m. and 7:00 p.m. on any weekday or 10:00 a.m. to 6:00 p.m. on a Saturday. The servicing of a collection bin shall include the following actions:

The removal of collected items;

The removal of any litter, junk, debris or other materials surrounding such bin;

The removal of any graffiti on such bin;

The abatement of any nuisance condition;

The inspection of such bin for any peeling paint, rust, dents, holes and the repair of any such condition found;

The general inspection, maintenance and repair of any lock(s), door(s), lid(s), cover(s) and operating mechanism(s).

The permittee shall maintain a written log showing the date, month and year of each maintenance action taken under this subsection and shall make such log immediately available to any agent of the city upon request.

The City Planner or any other agent of the city is authorized to enter upon the lot to inspect a collection bin to ensure compliance with this section, the Zoning Ordinance and any other laws and regulations of the city. Upon discovery of any circumstance concerning a collection bin that appears to be in violation of this section (including, but not limited to, overflowing donated items, junk, litter, rubbish or other materials surrounding such bin, the presence of graffiti on such bin, or any physical damage to the bin), the administrator shall inform, by email or letter, the permittee and the property owner of such condition. The permittee and/or the property owner shall remedy, repair, replace or remove such condition within forty-eight (48) hours following such notice. If the condition is donated items, junk, litter, rubbish or other materials surrounding the collection bin and the permittee and/or the property owner has not remedied such condition within said forty-eight-hour period, the city is authorized to remove such litter, junk, debris or other materials and to bill the permittee and the property owner for such clean-up costs. The permittee and the property owner shall be individually and jointly responsible for any such costs.

In the event the permittee receives a complaint from any citizen concerning the collection bin that reasonably appears to concern a violation of this section, the permittee shall inspect such bin and remedy or abate any condition that violates any provision in this section within three (3) days following the receipt of such complaint. The permittee shall maintain a written log showing the date, time, and year when it received any such complaint and containing a summary of the nature of the complaint and what actions the permittee took in response. The permittee shall make such log immediately available to any agent of the city upon request.

Where a collection bin is placed on any lot and the owner of such bin or the property owner has not obtained previously a permit under this section for such placement, the administrator, in his discretion, may remove the bin from the premises and place such bin in storage. The administrator shall make reasonable efforts to determine the owner of such bin. The administrator shall notify, by email or letter, the owner of the bin (if known) and the property owner of the removal of such bin. The owner of such bin and/or the property owner shall pay to the city a fee of five hundred dollars ($500.00) to retrieve the bin.

Revocation or suspension of bin permit. The City Planner shall have the authority to suspend or revoke a bin permit for any of the following reasons:

The occupation tax certificate for the permittee has been suspended, revoked or cancelled.

Failure to correct any violation of this section within three (3) calendar days of receipt of any code enforcement notice of violation.

After the issuance of the bin permit, the administrator discovers that the application upon which such permit was issued contained materially false information.

The City Planner shall notify the permittee in writing of the decision to revoke or suspend the bin permit, stating the reasons for such decision. A permittee desiring to appeal such decision shall follow the appeal procedures. In the event that the permittee does not appeal such decision or such decision is affirmed by the board of zoning appeals, the collection bin shall be removed within seven (7) calendar days of the decision date. Nothing in this subsection shall be construed to otherwise limit the city's police powers.

Violations. Any person found in violation of any provision of this section shall be subject to a minimum fine of one hundred dollars ($100.00) per day. A separate offense shall be deemed committed each day during or upon which a violation occurs or is permitted to continue. Any collection bin placed or maintained on a lot in violation of this section for more than fifteen (15) days shall also be subject to removal by the city at the expense of the permittee or the property owner. The permittee and the property owner shall be individually and jointly responsible for any such costs.

6.21 - Especially Large Building Standards (EL).

EL-01: This Especially Large Building Standards section applies to all zoning districts.

Applicability of this section.

This section shall apply to all new structures over thirty thousand (30,000) contiguous square feet.

This section shall apply to all nonconforming existing structures over fifteen thousand (15,000) square feet that are abandoned or left vacant for at least six (6) months.

Facades and exterior walls including sides and backs. The building shall be designed in a way that will reduce the massive scale and uniform and impersonal appearance and will provide visual interest. Long building walls exceeding one hundred (100) feet shall be broken up with projections or recessions having a minimum offset of ten (10) feet horizontal or vertical depth along all sides, and in sufficient number, to reduce the unbroken massing into lengths of approximately forty (40) feet or less along all sides of the building. Projections from the facade may be used as an alternate approach upon approval by the mayor and council.

Street frontage. Along any public street frontage the building design shall include at least one (1) of the following: Windows, arcades, awnings or other acceptable features along at least sixty (60) percent of the building length and appropriately spaced. Arcades and other weather protection features shall be of sufficient depth and height to provide a light-filled and open space along the building frontage. Architectural treatment, similar to that provided to the front facade shall be provided to the sides and rear of the building to mitigate any negative view from any location off-site and any public area (e.g. parking lots, walkways, etc.) on site.

Detail features. The building shall include architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the building wall, front, side, and rear, with color, texture changes, wall offsets, reveals, or projecting ribs.

Roofs. The roof design shall provide variations in rooflines and add interest to, and reduce the massive scale of, large buildings. Roof features shall complement the architectural and visual character of adjoining neighborhoods. Roofs shall include two (2) or more roof planes. Parapet walls shall be architecturally treated to avoid a plain, monotonous look.

Materials and color. The buildings shall have exterior building materials and colors that are aesthetically pleasing and compatible with materials and colors that are used in adjoining neighborhoods or as approved by the mayor and council. This includes the use of high-quality materials and colors that are low reflective, subtle, neutral, or earth tone. Certain types of colors shall be avoided, such as fluorescent or metallic, although brighter colors in limited quantities as building trims and as accents may be considered at the discretion of the planning commission. Construction materials such as tilt-up concrete, smooth-faced concrete block, prefabricated steel panels, and other similar materials shall be avoided unless the exterior surface is covered with an acceptable architectural treatment.

Entryways. The building design shall provide design elements which clearly indicate to customers where the entrances are located and which add aesthetically pleasing character to buildings by providing highly-visible customer entrances.

Screening of mechanical equipment. Mechanical equipment shall be screened to mitigate noise and views in all directions. If roof-mounted, the screen shall be designed to conform architecturally to the design of the building either with varying roof planes or with parapet walls. A wood fence or similar treatment is not acceptable. If ground-mounted, the screen shall be comprised of materials identical to those of the building facade. Screening shall be by use of brick, stone or similar material where applicable.

Vehicular access. The use shall provide safety and protection to adjacent residential uses by having motor vehicles access only from an arterial, major or business district road as designated in the master plan.

Buffers. The use shall provide visual and noise buffers to nearby residential uses. This can be accomplished by providing a substantial building setback from a residential use or residentially zoned property that is adjacent to the site. A landscape buffer of substantial width shall be provided adjacent to the site property line where it adjoins residential uses or zones. The landscape buffer shall include canopy trees at regular intervals to provide noise, light, and visual screening. No other uses are permitted within the landscape buffer area.

Outdoor sales and storage. Areas for outdoor sales of products may be permitted if they are extensions of the sales floor into which patrons are allowed free access. Such areas shall be incorporated into the overall design of the building and the landscaping and shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building. Chain link fencing is prohibited. If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade. Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment. Outdoor storage of products in an area where customers are not permitted is prohibited. This prohibition includes outdoor storage sheds and containers. Any outdoor sales and storage shall comply with all other city ordinances.

Noise mitigation. The project shall make every reasonable attempt to mitigate noise and visual impacts on adjoining residential neighborhoods and streets from trash collection areas by location of these areas on-site and at least fifty (50) feet from any residential use, residentially zoned property, or street that is adjacent to the site, unless such operations are located entirely within an enclosed building or underground.

Trash collection areas. All trash collection areas that are not within an enclosed building or underground must be screened or recessed so that they are not visible from public streets, public sidewalks, internal pedestrian walkways or adjacent residential properties. Screening and landscaping of these areas shall conform to the predominant materials used on the site.

Parking lots and structures.

Parking areas must provide safe, convenient and efficient access. They must be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks, and to reduce the overall area of the paved surface. Landscaping shall be used to define parking areas, primary vehicular drives and pedestrian areas in an aesthetically and environmentally pleasing manner. Lighting shall be approved by the mayor and council.

Parking structure facades shall achieve the same high quality design and appearance as the buildings they serve. The parking structure's utilitarian appearance shall be minimized by utilizing effective design treatments such as colonnades, arcades, awnings, street furniture, brick or stone facade and other public amenities. Compatible materials, coordinated landscaping and screening, appropriate building color, pedestrian sensitive lighting and signage shall all be considered for garage facades. Surface parking shall be screened with landscaping.

Pedestrian flows. The project shall provide pedestrian accessibility, safety, and convenience to reduce traffic impacts and enable the development to project a friendly inviting image. Continuous internal pedestrian walkways no less than eight (8) feet in width shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. Sidewalks shall also connect the store entrances to transit stops on or off-site and to nearby neighborhoods. Sidewalks shall be provided along the full length of any building where it adjoins a parking lot.

Central features and community spaces. The project is to provide attractive and inviting pedestrian scale features, spaces and amenities. Entrances and parking lot locations shall be functional and inviting with walkways conveniently tied to logical destinations. Bus stops shall be considered internal parts of the configuration whether they are located on-site or along the street. Customer drop-off/pick-up points that may be provided shall also be integrated into the design and shall not conflict with traffic lanes or pedestrian paths. Special design features such as towers, arcades, porticos, light fixtures, planter walls, seating areas, and other architectural features that define circulation paths and outdoor spaces shall anchor pedestrian ways. Examples are outdoor plazas, patios, courtyards, and window shopping areas. Each development shall have at least two (2) of these areas.

Delivery and loading spaces. Delivery and loading operations shall be designed and located to mitigate visual and noise impacts to adjoining neighborhoods. If there is a residential use or residentially zoned area adjacent to the site, such operations shall not be permitted between 10:00 p.m. and 7:00 a.m. the following day. For good cause shown, the planning commission may permit deliveries at additional times provided the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of fifty-five (55) Db or less as measured at the lot line of any adjoining residential property. Delivery and loading areas shall be set back from a residential use or residentially zoned property that is adjacent to that site. A landscape buffer of substantial width shall be provided adjacent to the delivery and loading area where it adjoins residential uses or zones. The landscape buffer shall include evergreen shrubs and/or trees plus deciduous canopy trees at regular intervals to provide noise, light, and visual screening. If the delivery and loading spaces are located within an enclosed building or underground, no such setback and buffer area shall be required.

Delivery trucks shall not be parked in close proximity to or within a designated delivery or loading area during non-delivery hours with motor and/or refrigerators/generators running, unless the area where the trucks are parked is set back at least fifty (50) feet from residential property to mitigate the truck noise. Any engine motor idling shall not exceed five (5) minutes.

The delivery and loading areas shall be screened or enclosed so that they are not visible from public streets, public sidewalks, internal pedestrian walkways or adjacent properties. The screen shall be of masonry construction and at least ten (10) feet high, measured from the loading dock floor elevation, to screen the noise and activity at the loading dock.

Traffic impacts. The applicant shall have a traffic impact study prepared according to the Institute of Transportation Engineering (ITE) latest version. In addition to the general standards of the ITE, the traffic impact study shall include weekend traffic generation and impact analysis. The traffic impact study shall also study all of the nearest intersections to the site, or any area designated by the Engineering Director, to take into account the regional traffic draw a large-scale establishment.

Outdoor lighting. The applicant must provide an outdoor lighting report, which provides information on how outdoor lighting will be accomplished to minimize impacts on adjacent properties or roadways. Outdoor lighting shall provide security, with a minimum illumination of two and four-tenths (2.4) foot-candles of light measured at grade level. This can be accomplished by aiming the lights downward and fitting lights with hoods. The light element shall not protrude below the lower edge of the hood. To minimize any indirect overflow of light on adjacent residential properties, the height of any proposed parking lot light standard shall be as short as possible and shall stair step down to a lower height when close to residential uses or residentially used properties. Lighting standards shall apply as approved by the mayor and council.

Ancillary uses. The applicant must demonstrate that any ancillary uses such as tire shops or snack bars will not have negative impacts on adjacent residential uses, residentially zoned properties, or adjacent properties. Any ancillary use must be oriented to face away from any residential use or residentially zoned property that is adjacent to the site.

Noise abatement. A noise mitigation plan must be provided to the Chief Building Inspector that indicates how the noise initiated by the land use will be mitigated to comply with noise regulations applicable in the City of College Park.

Landscaping. Each parking area shall be surrounded by a twenty-foot wide landscaped area around its edge. Shade and ornamental trees are also required in the parking areas, with the amount and placement to be determined through consultation with the City Planner at the time of site plan review. If a lot is located adjacent to an area used for residences or a residentially zoned area, the front of the site must be landscaped with berms, hedges, and/or walls of at least four (4) feet in height to screen parking lots from the street.

Demolition security. It shall be unlawful to begin work on construction of any structure regulated by this section until the city is provided with a performance bond payable to the city issued by an appropriately licensed surety or other sufficient security in a form approved by the city attorney and reasonably acceptable to the city in the amount of one hundred and ten (110) percent of the estimated cost of demolition of the structure, including cleanup of all materials and rubbish and including landscaping to include, at a minimum, grassing of all unpaved areas. The aforementioned estimated cost shall be equal to the average of three (3) separate written estimates by businesses reasonably acceptable by the city, copies of which estimates shall be provided to the city simultaneously with the required security.

In the event that at least seventy (70) percent of the floor area of the structure is not occupied by goods, including displays, and/or areas devoted to the provision of services including, but not limited to auto maintenance, eye examinations and financial services, or in the event that at least seventy (70) percent of the floor area of the structure is not open to the public, for a period of more than six (6) months, the city may provide written notice to the owner of the property and any tenant of such situation.

The owner or any tenant shall have until one (1) month after the date of the written notice provided for in paragraph 1. above either to remedy the situation or to reply in writing with a timetable either for remedying the situation, any such remedy to be completed within three (3) months of the date of the reply, or for demolition of the structure, such demolition to begin within one (1) month of the date of the reply.

In the event the owner or any tenant fails to remedy the situation described in paragraph 1. above within one (1) month of notice from the city if no reply is provided to the city, or within three (3) months of providing a notice to the city of intent to remedy pursuant to paragraph 2., the city shall send written notice of such failure to the owner or any tenant, and the owner or any tenant shall begin demolition of the structure within one (1) month of the date of such notice of failure from the city.

Demolition of any structure shall include cleanup of all materials and rubbish and shall include landscaping, at a minimum to include grassing of all unpaved areas, within one (1) month of the initiation of the demolition.

In the event that demolition of a structure is required by this subsection and the owner or any tenant fails to complete all or any portion of said demolition within the time provided herein, the city may utilize the bond provided for in subsection W.1. above to pay for such demolition or any part thereof.

Floor Area. For the purposes of this subsection, the term "floor area" shall mean the square footage of the footprint of the structure located inside the exterior walls of the structure, excluding areas devoted exclusively to aisles or other open spaces reasonably necessary to allow the flow of customers within the structure, and also excluding any areas, not to exceed fifty (50) percent of the square footage of the footprint of the structure located inside the exterior walls, devoted exclusively to storage of inventory and not normally accessible to customers.

6.22 - Fireworks Standards (FW).

FW-01: This Fireworks Standards section applies to all zoning districts where permitted.

This Article applies to any building or property that is used for only consumer fireworks retail sales facilities and consumer fireworks retail sales stands. The use of consumer fireworks retail sales facilities and consumer fireworks retail sales stands is only permitted upon the properties zoned under the M2, Heavy Industrial zoning district and the specific parcels designated as such upon the map located for review in the City of College Park's Clerks Office and the Planning and Growth Office.

Buffer Requirements. The following buffer requirements shall be maintained for the protection of adjoining land uses:

A buffer of three hundred (300) feet shall be required between the property lines of any consumer fireworks retail sales facility or consumer fireworks retail sales stand and any child day care facility, preschool, school, including kindergarten through twelfth grade, college or university.

A buffer of one hundred (100) yards shall be required between the property lines of any consumer fireworks retail sales facility or consumer fireworks retail sales stand and any gas station or natural gas provider.

Storage incidental to the operation of consumer fireworks retail sales facilities and consumer fireworks retail stands is limited to five hundred (500) pounds.

6.23 - Hotel, Motel, and Extended Stay Standards (HL).

HL-01: This Hotel, Motel, and Extended Stay Standards section applies to all zoning districts where permitted.

No more than five (5) percent of a hotel or motel's guest rooms shall have fixed cooking appliances located therein. If more than five (5) percent of a hotel or motel's guest rooms contain fixed cooking appliances, such hotel or motel is considered an extended-stay hotel and subject to the below regulations regarding extended-stay hotels. For the purposes of this section, the term "fixed cooking appliances" shall mean a stove top burner; a hotplate that does not serve as an integral part of an appliance designed solely to produce coffee; a conventional oven; a convection oven; or any oven producing heat using resistance heating elements, induction heating, or infrared heating sources.

No hotel, motel, or extended-stay hotel located within the city shall allow any person to occupy such hotel, motel, or extended-stay hotel for more than thirty (30) days during a one hundred eighty-day period.

Notwithstanding subsection B. of this section:

Occupation of a hotel, motel, or extended-stay hotel in excess of thirty (30) consecutive days in a one hundred eighty-day period may occur at a hotel, motel, or extended-stay hotel where the following circumstances are present: a) a specific business entity desires such occupation for an employment-related purpose which requires temporary occupancy, including but not limited to relocation service and b) a government, charity, or insurance agency desires such occupation to house families as a result of a Natural Disaster.

For each person paying in cash for the occupation of a hotel, motel, or extended-stay hotel every person operating a hotel, motel, or extended-stay hotel shall require each such person to provide proper identification prior to renting a room. Proper identification is defined as a current and valid government issued photo identification card such as a driver's license, military identification card, state identification card, or passport. A record shall be kept on file for the duration of the occupancy and for sixty (60) days thereafter. For the purposes of this section, the term "record" shall mean the hotel's, motel's, or extended-stay hotel's electronic guest registration system which stores guest identifying information such as the guest's name and the guest's address. In the event the hotel, motel, or extended-stay hotel does not have an electronic guest registration system, the hotel, the motel, or the extended-stay hotel shall capture the guest's name and the guest's address. For the purposes of the section, the term "capture" shall mean that the guest's name and the guest's address shall be written in a book/register inscribed with ink or indelible pencil.

For each person paying in cash for the occupation of a hotel, motel, or extended-stay hotel, every person operating a hotel, motel, or extended-stay hotel shall, during the occupancy of each such guest and for sixty (60) days thereafter, keep and maintain a record, either electronically or in a book/register inscribed with ink or indelible pencil, the name and valid address of the guest paying for a room. Such record shall be signed by the person renting a room or someone of his authority, and the operator of such hotel or motel or extended stay hotel, or his agent, shall thereupon electronically enter or write, opposite such name so registered, the number of the room assigned to and occupied by such guest, together with the time when such room is rented. Until all of the aforesaid entries have been made, no guest shall be permitted to occupy any room in such hotel or motel. Such record is subject to inspection at all times provided that the city produces appropriate legal authorization through a warrant or subpoena. The subpoena may be issued by either by a court of competent jurisdiction or the Clerk of the City Court of College Park.

HL-02: This Extended Stay Standards section applies to all zoning districts.

No extended-stay hotel shall be initially constructed or thereafter operated, and no hotel may be converted to be, and operated as an extended-stay hotel unless in full compliance with each of the following provisions:

The minimum square footage per guest room of an extended-stay hotel shall be three hundred (300) square feet and limited to two (2) adults per room. An additional adult is allowed per each additional one hundred fifty (150) square feet, for a maximum of four (4) adults.

The extended-stay hotel shall be no less than three (3) stories in height.

The extended-stay hotel must have enclosed, heated and air conditioned laundry space containing at least three (3) clothes washers and three (3) clothes dryers for guests. Such clothes washers and clothes dryers shall be in good working order.

The extended-stay hotel shall include a minimum of one thousand (1,000) square feet for recreational use by guests, and a minimum of twenty-five (25) percent of the lot area shall be dedicated to such recreational use and passive recreation.

Maid service shall be included within the standard room rate of an extended-stay hotel. Maid service shall be provided no less than two (2) times per week for each occupied guest room.

Parking areas of extended-stay hotels must have secured parking.

No more than sixty (60) percent of extended-stay hotels shall contain registrants who reside in the hotel for more than five (5) consecutive days within a one hundred eighty-day period. Notwithstanding this subsection A.7., a stay in excess of five (5) consecutive days within a one hundred eighty-day period may occur in an extended-stay hotel in the following situations:

Occupation of an extended-stay hotel in excess of five (5) consecutive days in a one hundred eighty-day period may occur at the extended-stay hotel where there is a written contract between the extended-stay hotel and the registrant; or

Occupation of an extended-stay hotel in excess of five (5) consecutive days in a one hundred eighty-day period may occur at an extended-stay hotel where the following circumstances are present: a) a specific business entity desires such occupation for an employment-related purpose which requires temporary occupancy, including but not limited to relocation services; and b) a government, charity, or insurance agency desires such occupation to house families in a Natural Disaster.

Extended-stay hotels shall be classified as one (1) of the following chain segments to operate in the city: Upper Midscale; Upscale; Upper Upscale; or Luxury as classified by the STR Chain Scales Report. No extended-stay hotels shall be constructed or thereafter operated unless the extended-stay hotel is classified in one (1) of the applicable segments. For the purposes of this section, "the STR Chain Scales Report" means a report produced by Smith Travel Research, a leading lodging industry data and benchmarking firm, which is updated on an annual basis to reflect equivalent Average Daily Rates (ADR) across lodging chains within a particular market or geography.

The city may re-evaluate the chain scale classification report every twelve (12) months to reflect current market conditions.

10.

No occupational tax certificate shall be issued for conduct of business from a guest room of an extended-stay hotel, and no home occupation shall be conducted from such room.

11.

Each guest room of an extended-stay hotel shall be equipped with a sprinkler system and hard wired smoke detector approved by the fire marshal.

12.

The extended-stay hotel shall provide a fifty-foot undisturbed buffer from any property zoned for multi-family residential purposes and/or a one hundred-foot undisturbed buffer from any property zoned for single-family residential uses.

13.

The common areas and unoccupied rooms of the extended-stay hotel are subject to inspection by the College Park Police Department, College Park Code Enforcement, the College Park Fire Department and/or the Clayton and/or Fulton County Health Department if there is suspicion that the extended-stay hotel is being used for criminal activity, housing of last resort, or in violation of the zoning ordinances.

14.

An extended-stay hotel that fails to meet the requirements of the hereinabove subsections (1) through (14) is prohibited from offering fixed cooking appliances in more than five (5) percent of its total guest rooms. Further, any extended-stay hotel that fails to meet the requirements of this section shall be subject to citation for each day of noncompliance. Each day of noncompliance shall constitute a separate offense punishable by a separate citation.

(Ord. No. 2022-07, § 1, 2-21-22)

6.24 - Mobile Home Standards (MO).

MO-01: This Mobile Home Standards section applies to all residential zoning districts.

Mobile homes are prohibited within the city except as a conditional use in all residential zoning districts.

6.25 - Music and Recording Studio Standards (MR).

MR-01: This Music and Recording Studio Standards section applies to all zoning districts where permitted.

Music and recording studios shall have proper and adequate soundproofing to avoid and prevent noise disruption to adjacent tenant spaces.

6.26 - Outdoor Display Standards (DP).

MO-01: This Outdoor Display Standards section applies to all zoning districts where permitted.

It shall be unlawful for any person or entity to set up or display merchandise for sale outside of a building on any lot unless the person or entity also lawfully conducts business regularly in a building located on the lot. This prohibition shall not apply to nonprofit activities, sales of seasonal items and sales at special events as those terms are defined in this ordinance

6.27 - Package Store Standards (PA).

PA-01: This Package Store Standards section applies to all zoning districts where permitted.

Liquor stores shall maintain the following standards:

Liquor stores must be located on property having a minimum of one hundred (100) feet of road frontage on a street having a minimum classification of minor arterial.

Liquor stores must operate as sole tenants in free standing buildings of at least five thousand (5,000) square feet in size and no greater than twenty thousand (20,000) square feet in size.

Liquor stores must be located at least three hundred (300) feet from churches and six hundred (600) feet from schools. This distance shall be measured from the front door of the liquor store to the front door of the church or front door of the nearest school building as measured along pedestrian walkways.

Liquor stores must be located at least three hundred (300) feet from parks. This distance shall be measured from the front door of the liquor store to the nearest portion of the park property.

Properties shall not have any outdoor accessory or vending structures, including ATM's, soda machines, video machines, ice chests, etc.

A liquor store shall not be located closer than three thousand (3,000) feet to another liquor store, regardless of jurisdiction.

6.28 - Theaters, Amphitheaters Standards (PW).

PW-01: This Theaters, Amphitheaters Standards section applies to all residential zoning districts.

The following shall apply to theaters, amphitheaters, and other related uses in residential districts:

Any building or structure established in connection with theaters, amphitheaters, and other related uses shall be located at least fifty (50) feet from any property line.

A twenty-five (25) feet wide landscaped buffer shall be planted along the side and rear property lines when located one hundred (100) feet or less to any property line of a residential zoned lot or lot containing a residential dwelling.

Theaters, amphitheaters, and other related uses, in residential districts shall be located on a minimum lot area of five (5) acres and shall have frontage of at least two hundred (200) feet along a public street.

Theaters, amphitheaters, and other related uses in residential districts shall be located on a major thoroughfare having a street classification of at least that of a collector street.

Meet all commercial building regulations as identified in the adopted building code and all adopted fire codes.

Meet all parking standards as identified within Article 7, Parking Standards (PK).

The establishment of sites and tents for temporary theaters, amphitheaters, requires the granting of a zoning permit from the City Planner. Such sites may not be used for a purpose covered by this Article for a cumulative period of more than fourteen (14) days during any calendar year.

PW-02: This Theaters, Amphitheaters Standards section applies to all non-residential zoning districts.

The following shall apply to theaters, amphitheaters, and other related uses in non-residential districts:

Any building or structure established in connection with theaters, amphitheaters, and other related uses shall be located at least fifty (50) feet from any property line.

Theaters, amphitheaters, and other related uses in commercial districts shall be located on a minimum of nine hundred twenty (920) acres and have access on a major thoroughfare having a street classification of at least that of an arterial street.

Meet all parking standards as identified within Article 7, Parking Standards (PK).

6.29 - Places of Assembly Standards (PA).

PA-01: This Places of Assembly Standards section applies to all zoning districts where permitted.

The following are designated as specific type(s) of place of assembly:

Movie theaters;

Banquet halls;

Concert halls;

Private commercial/vocational schools (including martial arts or dance studios, and technical or vocational training);

Clubs and/or lodges; and

Places of worship, convents, and monasteries.

In the event any of the uses in subsection (a) above shall be designed to serve more than one hundred (100) persons at any given time, the parcel shall:

Be located on a lot fronting a major thoroughfare;

Be located on a tract of land not less than two (2) acres in area and having a street frontage of not less than two hundred (200) feet; and

Meet the parking requirements set forth within this ordinance, and be provided in the rear yard or within that portion of the side yard which lies between a main building and the interior side lot line.

6.30 - Seasonal Sale Standards (SS).

SS-01: This Seasonal Sale Standards section applies to all zoning districts.

The sale of perishable, seasonal items, examples of which are Christmas trees, flowers and plants, pumpkins, and fruit and beverages, by persons other than the owner or occupant of the premises. Such uses will be subject to the following standards and conditions:

Location. Seasonal sales may be located within any required yard, but shall not be located within any public road right-of-way or sidewalk.

Safety. Seasonal sales shall not occupy or obstruct the use of any fire lane, require off-street or landscape area required to meet requirements of this zoning code, or create a traffic or safety hazard.

Parking. Seasonal sales shall be conducted in a manner so as not to create a public nuisance to neighboring properties. Adequate on-site parking together with proper ingress and egress to the site shall be provided.

Application. Seasonal sales shall be allowed only upon a zoning compliance permit issued by the building department. To secure a permit, an application for a permit shall be submitted which shall include the following:

Name, address and phone number of the merchant who will conduct the transient and/or seasonal sale;

Detailed description of items to be sold and hours of operation;

Written approval for such sales by the legal owner of the property affected;

A plot plan depicting the layout of the area where sales will be conducted, as necessary to determine compliance with this section;

Location of portable restrooms, when required by the City Planner;

Health department approval, where applicable; and

A permit fee as established by the City Council.

Signage. During the period of transient or seasonal sales, signs shall be limited to one (1) portable free standing sign with a maximum size of sixteen (16) square feet per side and a height limitation of five (5) feet.

Issuance. The permit issued under this section for transient and/or seasonal sales shall be valid for a maximum period of one hundred twenty (120) days from the date of issuance. At the end of the permit period, any and all temporary structures shall be removed.

Revocation. Permit may be revoked by the city if becomes a nuisance or fails to comply with the provisions of this ordinance.

6.31 - Performance Standards (PS).

PS-01: This Performance Standards section applies to all zoning districts.

All uses placed into operation after the effective date of this Code should comply with the following general performance standards in the interests of protecting public health, safety, and general welfare and lessening damage to property. No use on a property should exhibit obnoxious characteristics to the extent that it constitutes a public nuisance or interferes with reasonable enjoyment of neighboring properties. No use in existence on the effective date of this Code should be altered or modified to conflict with these standards.

Air Pollution: No use on a property should release fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter or other air pollutants in such concentration as to be detrimental to health, animals, vegetation or property, or conflict with public air quality standards.

Electrical Disturbance: No use on a property should cause electrical disturbance adversely affecting radio, television or other equipment in the vicinity.

Fire Protection: Firefighting equipment and prevention measures acceptable to the local Fire Departments should be readily available and apparent when any activity involving the handing and storage of flammable or explosive materials is conducted.

Noise: No use on a property should produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness, or vibration. Such noise should be muffled or otherwise controlled so as not to become detrimental. Public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard.

Odor: No use on a property should emit across lot lines any gas or matter with a bad odor in such quantity as to be readily detectable at any point along such lines.

Vibration: No use on a property should cause vibrations detectable beyond lot lines without the aid of instruments.

Heat and Glare: No use on a property should produce heat and glare in such a manner as to create a hazard to neighboring property. No such heat or glare interfere with the reasonable enjoyment of neighboring property, or the safety of transportation routes.

Waste Matter: No use on a property should accumulate within the lot or discharge waste matter beyond the lot lines.

Water Pollution: No use on a property should produce erosion or other pollutants in such a quantity as to be detrimental to adjacent properties or to conflict with public water quality standards.

Traffic: No use on a property should cause excessive vehicular traffic on adjoining roads.

Visual Character: No use on a property should adversely impact the general visual or aesthetic character of the neighboring properties or disrupt the general or aesthetic character of the area.

Preservation of Natural/Historic Features: Existing natural and historic features which would add value to the development of the city such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, when possible, should be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize storm water runoff, and conserve the natural cover and soil.

Landscaping: Any part or portion of a parcel which is not used for structures, loading or parking spaces, sidewalks and accessory uses shall be landscaped or left in a natural state. If landscaped, it shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the requirements of this Code and shall be in keeping with natural surroundings.

6.32 - Public Improvement Standards (PI).

PI-01: This public Improvement Standards section applies to all zoning districts.

General Requirements: Developments are permitted only if the public streets, drainage facilities, and utilities are adequate to serve the proposed development.

Sidewalks: All developments shall be required to install public sidewalks along any public streets within and adjacent to the development.

All sidewalks shall be constructed in the right-of-way or in a sidewalk easement adjacent to the right-of-way.

Sidewalks shall be separated from the back of curb of the adjacent road by a planting strip which is a minimum of four (4) feet in width or as defined in the district standards of each zoning district. Generally, the back of the sidewalk shall not be located less than one (1) foot inside of the right-of-way line for the adjacent road.

Sidewalks shall be a minimum of five (5) feet in width in residential areas, and constructed of concrete consistent with all applicable City of College Park construction standards.

Sidewalks shall conform with applicable American's with Disabilities Act (ADA) standards.

Internal Pedestrian Ways: All developments shall be required to install designated walks or paths providing for pedestrian and bicycle movement between public sidewalks and the structures on the site.

These designated sidewalks shall be a minimum of five (5) feet in width or as defined in the district standards of each zoning district and include an improved surface of concrete.

Designated walks shall be separated by grade or distance from entrance drives and internal traffic aisles and drives.

Street Dedications: All developments shall be required to dedicate right-of-way consistent with the classifications of the City of College Park's transportation plan for all existing and proposed roads transecting or adjacent to the property being developed.

Street/Road Construction: The owners of new development shall install the portion of new roads proposed by the transportation plan transecting or adjacent to a property being developed if either of the following conditions are present:

The development has direct access to the road proposed by the transportation plan; or

The road proposed by the transportation plan will provide previously unavailable access to other properties controlled by the owner of the new development.

Construction standards shall meet or exceed City of College Park's adopted engineering and fire codes.

Street Trees: All developments shall be required to provide street trees within the right-of-way.

One (1) street tree shall be planted for every thirty (30) linear feet of road frontage and every twenty-five (25) linear feet were the depth of area is greater than twenty-five (25) feet wide. Grouping of trees will be allow as substitution upon approval.

All street trees shall be a minimum of 2½"—4" caliper as measured consistent with the American Nursery Standards Institute (ANSI) at the time of planting and shall be of a species approved by the City of College Park. All trees planted must be Grade "A" quality with straight trunks; free from any disease, pests, injuries or nutritional disorders.

No tree may be planted so that its center is closer than two (2) feet to a sidewalk or curb, or edge of pavement if no curbs are present. No tree shall be planted within twenty-five (25) feet of the intersection of two (2) street rights-of-way, or within ten (10) feet of the intersection of a street and an entrance driveway. No tree shall be planted within ten (10) feet of any fire hydrant or five (5) lateral feet of any underground utility service.

All trees shall be guaranteed one (1) full year from time of planting. Any trees that die within this time frame must be removed and replaced by developer.

Public Utilities: All new developments shall be required to connect to public sanitary sewer, water, and storm water drainage systems as specified by Article 3 of this Code.

Storm water drainage systems in developments shall not result in any additional run-off being transferred to adjacent properties other than through proper easements established for that purpose.

The size of all water and sewer mains shall be large enough not only to serve the areas under immediate consideration, but also to serve areas which are likely to be developed and which should be served by the extensions under consideration.

Fire hydrants and other firefighting infrastructure shall be installed consistent with the requirements of the Fire Marshall.

Easements: No structure with the exception of fences may be located in, or otherwise obstruct any easement. Fences shall be permitted within easements subject to the receipt of written permission from the easement holder.

6.33 - Parking Standards (PK).

PK-01: This Parking Standards section applies to all zoning districts.

All required parking spaces and lots shall conform to all of the following requirements:

Driving Surfaces: All parking areas, including parking spaces, interior drives, and ingress/egress into parking areas must be paved with asphalt, concrete, or an approved permeable surface. All parking areas shall be clearly painted to show each parking space.

Drainage: Parking areas must be constructed to allow proper drainage which shall be subject to the review and approval of the Engineering Director

Access to Public Streets: Parking areas must be designed as to prevent vehicles from having to back into or maneuver in public streets.

Locations: Parking lots shall not be located in any right-of-way, easement, or any required buffer yard.

Lighting: Lighting for parking areas shall conform with the applicable requirements of the lighting Standards section of this Article.

Landscaping: Landscaping for parking areas shall conform with the applicable requirements of the Landscaping Standards section of this Article.

Required Parking Spaces: Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:

(a) Residential Uses
One-family or two-family dwellings and Multiple Dwellings	1 for each dwelling unit.
Group homes, personal care homes	1 for each 4 beds, plus 1 for the owner, operator or manager living on the premises, plus 1 for each other employee, expected on premises.
Housing for the elderly	1 for each 3 dwelling units.
Hotels	1 for each 4 guest rooms, plus 1 for each 3 employees.
Bed and Breakfast	1 for each guest room, plus 1 for each 2 employees.
(b) Uses in Residence District
Home occupations	1 additional space for each establishment
Farms, urban gardens, seasonal sales made on premises	Total parking area equal to 25% of the lot area devoted to sales.
(c) Schools
Day cares, children's boarding homes, kindergartens, elementary and middle schools	1 for each 2 staff members and other employees. See also requirements for auditoriums, gymnasiums and stadiums.
Senior high schools	1 for each 2 staff members and other employees, plus 1 for each 12 seats in a classroom based on planned classroom capacity. See also requirements for auditoriums, gymnasiums and stadiums.
Trade, vocational business and dancing schools; colleges and universities	1 for each 2 employees, plus 1 for each 10 seats in a classroom based on planned classroom capacity. See also requirements for auditoriums, gymnasiums and stadiums.
(d) Institutional Uses
Hospitals	1 for each 4 beds, plus 1 for each 3 doctors, plus 1 for each 3 employees.
Clinics, health and medical centers	1 for each 200 square feet of gross floor area.
Medical institutions for children, adults, and the aged, and assisted living facilities	1 for each staff member, including doctors and nurses, plus 1 for each 3 other employees, plus 1 for each 6 beds.
(e) Places of Public Assembly
Airports and other aircraft landing and servicing facilities	1 for each 100 square feet of gross floor area, plus 1 for each 3 employees.
Amusement parks, circuses, carnivals and other outdoor amusement or recreation uses	Total parking area equal to twice the total lot area devoted to such use.
Arenas, assembly halls, auditoriums, concert halls, convention halls, dance halls, exhibition halls, gymnasiums, indoor theaters, pool or billiard halls, stadiums and similar indoor amusement or recreation uses	1 for each 6 seats or total parking area equal to 3 times the gross floor area, whichever is greater. Where there are no fixed seats each 24 inches of bench or pew shall be considered 1 seat. Where there are no seats, benches or pews, each 20 square feet of ground or floor area usable for seating shall be considered 1 seat.
Bowling alleys	7 for each lane.
Golf courses	8 for each green.
Golf driving ranges	2 for each driving tee, plus 1 for each 2 employees.
Public libraries and museums	1 for each 4 employees, plus 1 for each 1,200 square feet of gross floor area.
Places of worship	1 for each 6 seats.
Recreation and community centers	1 for each 150 square feet of gross floor area, plus 1 for each employee.
(f) Retail Sales Uses
Bars, taverns, restaurants, and other eating places	1 for each employee, plus 1 for each 100 square feet of floor area devoted to patron use or 1 for each 4 seats based on maximum seating capacity, whichever is greater.
Establishments for the sale of boats, farm implements, furniture, gymnasium supplies, hospital supplies, office supplies, machinery, major appliances, new automobiles	For establishments having less than 2,000 square feet of gross floor area, 1 for each 1,000 square feet of gross floor area. For establishments having 2,000 square feet of gross floor area or more, 1 for each 700 square feet of gross floor area.
Establishments for the sale of restaurant equipment, floor covering, hardware, household equipment, paint, small appliances, and other retail sales items	For establishments having less than 2,000 square feet of gross floor area, 1 for each 700 square feet of gross floor area. For establishments having 2,000 square feet of gross floor area or more, 1 for each 500 square feet of gross floor area.
Food stores, supermarkets	For establishments having less than 2,000 square feet of gross floor area, 1 for each 500 square feet of gross floor area. For establishments having 2,000 square feet of gross floor area up to and including 4,000 square feet of gross floor area, 1 for each 300 square feet of gross floor area. For establishments having over 4,000 square feet of gross floor area, 1 for each 150 square feet of gross floor area.
Department stores	For establishments having 200,000 square feet of gross floor area or more, 1 for each 300 square feet of gross floor area.
Nurseries or plant-husbandry, garden supplies, agricultural produce and other outdoor retail sales uses	Total parking area equal to 25% of the total lot area, plus 1 for each 2 employees.
Gasoline service stations	1 for each 100 square feet of gross floor area.
Used motor vehicle sales lots	Total parking area equivalent to 25% of the gross lot area.
Wholesale establishments	1 for each 1,000 square feet of gross floor area.
(g) Retail Service Uses
Banks, governmental, business and professional office buildings	1 for each 500 square feet of gross floor area.
Medical or dental offices, and medical or dental laboratories	5 for each doctor or dentist, plus 1 for each 2 employees; or 1 for each 150 square feet of gross floor area, whichever is greater.
Automobile washing facilities	1 for each 3 employees, plus 1 for the owner or manager, and additional spaces equal to 3 times the capacity of the wash bay.
Mortuary and crematory establishments	8 for each slumber room, chapel or parlor or 1 for each 100 square feet of floor area of assembly rooms whichever is greater, plus 1 for each vehicle maintained on the premises.
Repair and service garages	1 for each 500 square feet of gross floor area.
Other retail service uses	1 for each 500 square feet of gross floor area.
(h) All Uses Permitted and Developed in a Shopping Center or Hospitality Campus District
Bowling alleys	8 for each lane, plus 1 for each 2 employees.
Indoor theaters	1 for each 2 seats.
Medical and dental offices	5 for each physician or dentist, plus 1 for each 2 other employees, or 1 for each 150 square feet of gross floor area, whichever is greater.
Restaurants and other eating places	1 for each 2 seats based on maximum seating capacity.
All other retail sales and services, uses.	4.5 for each 1,000 square feet of gross floor area.
(i) All Uses Permitted in Industry Districts Only
Storage or warehouse uses	1 for each 2 employees expected to be on the premises during the largest work shift period or total parking area equivalent to 10% of the gross floor area, whichever is greater.
Junk, coal, lumber, contractors or other open storage uses	1 for each employee plus space equal to 15% of the gross lot area.
Other permitted industrial uses	1 for each 3 employees expected to be on the premises during the largest work shift period or total parking area equivalent to 25% of the gross floor area, whichever is lesser.
(j) Other Permitted Uses in All Districts
Other permitted uses not defined	Parking spaces shall be provided on the same basis as required for the most similar listed use.

Location of Required Spaces:

The required accessory off-street parking facility shall be located on the same lot as the use for which it is provided or on a lot within four hundred (400) feet of the nearest boundary of the lot upon which the use is located measured by a straight line between the two (2) points.

The separate lot upon which such accessory parking facilities are provided shall be in the same ownership or control as the building or use to which the parking facilities are accessory.

Mixed Use Facilities: Accessory off-street parking spaces required of two (2) or more uses located on the same lot or parcel may be combined and used jointly by such uses, provided that the parking spaces provided shall be equal to the total number of accessory off-street parking spaces required by all such uses. Where a use is accessory to the main use and is not primarily intended to serve additional patrons or employees, or generate additional traffic, no additional off-street parking spaces need be provided for such accessory use.

Access and Maintenance of Off-Street Parking Spaces:

Accessory off-street parking spaces, driveways and maneuvering areas shall be properly graded for drainage so that all water is drained within the lot providing such parking spaces, surfaced with concrete, asphaltic concrete, asphalt or other surfacing materials approved by the Engineering Director, and maintained in good condition and free of debris and trash. Therefore:

Americans with Disabilities Act: Handicap parking spaces shall be provided in all parking areas consistent with the requirements of the Americans with Disabilities Act.

Maneuvering: All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited. Parking lots shall meet the following dimensional requirements:

Parking Space and Interior Drive Requirements
Angle of Parking	Minimum Driving Aisles Width (Feet)	Minimum Parking Space Size (Feet)
Angle of Parking	Minimum Driving Aisles Width (Feet)	Width	Length
Parallel	12	10	24
… up to and including 45 degrees	14	10	18
… up to and including 60 degrees	18	9	18
… up to and including 90 degrees	24	9	18

Wheel Stops: Accessory off-street parking spaces abutting landscaped or grass areas shall be provided with wheel bumper guards that are so located that no part of a parked vehicle will extend beyond such parking space.

Driveways: The driveway used to provide accessibility to accessory off-street parking spaces shall be so located and arranged to minimize traffic congestion. Therefore:

No driveway shall be so located that there would be less than fifteen (15) feet between the point of tangency of the driveway apron radius and the outside crosswalk line at the intersection when such driveway is on the approach side of an intersection. In such cases as the driveway is on the leaving side of the intersection, the requirement shall be five (5) feet between the outside crosswalk line and the point of tangency of the driveway apron radius;

The maximum width of such driveway shall be thirty (30) feet measured at right angles to the angle of the driveway entrance. Such driveway shall have an apron radius at the curb of not less than six (6) feet or a curb cut of not more than sixty (60) feet and shall provide a means for motor vehicles to enter and leave the parking facilities without obstructing traffic.

Lighting for Off-Street Parking Spaces. Parking lots containing ten (10) or more parking spaces shall provide lighting for the lot. Where lighting is provided for accessory off-street parking spaces, it shall be constructed and arranged so as to prevent the direct emission of light upon adjoining lots or the public streets.

PK-02: This Parking Standards section applies to the Neighborhood Professional, Neighborhood, Business, Community Business, and Business Park Districts.

Shared Parking for Planned Development Area. The off-street parking requirements set forth shall apply to any one (1) or combination of educational, religious, commercial, institutional, medical, or retail businesses for which a comprehensive plan for the development, redevelopment or rehabilitation of existing or proposed facilities encompassed within a contiguous area has been approved by the Planning Commission as provided in subsection (b) hereof.

Parking Plan Requirements. Any such plan or amended plan submitted for approval shall contain the following:

The boundaries of the development area;

The type and location of all existing and proposed principal land uses and buildings;

The present and at least two-year projection of the number of employees, residents, visitors, enrollment, patients or other measures of persons likely to be accommodated in the development area;

The present and at least two-year projection of the number of parking spaces owned or controlled by the party or parties to the plan jointly;

Site plan showing the present and two-year projection of the locations and general;

Dimensions of all buildings, major pedestrian and vehicular circulation systems, parking facilities and major open areas; and

Any proposal for the joint use and sharing of off-street parking facilities by parties to the plan, designating the location and capacity of the facilities to be shared and indicating the periods and extent of usage by each such party.

Planning Commission Approval. The Commission shall approve a development area parking plan that complies with the following standards:

	WEEKDAYS		WEEKENDS
Use	Daytime 6:00 a.m.—5:00 p.m.	Evening 5:00 p.m.—1:00 a.m.	Daytime 6:00 a.m.—5:00 p.m.	Evening 5:00 p.m.—1:00 a.m.
Residential	80%	100%	80%	100%
Office	100%	10%	20%	5%
Retail	95%	85%	100%	70%
Hotel	60%	100%	60%	100%
Restaurant	75%	100%	60%	100%
Entertainment	50%	85%	70%	100%
Places of Worship	50%	50%	100%	60%

In applying the above standards: all parties to the plan shall be considered as one (1) single unit; all parking spaces located within the planned area and owned or controlled by all parties to the plan shall be considered without the necessity of allocating any such spaces to any particular use, building or institution; consideration shall be given to shared use of parking spaces by the parties to the plan; all existing buildings of the parties to the plan located within the planned area shall be taken into account except when the required number of parking spaces for any institution in the plan has been determined by reference to enrollment, employees, staff, patients or visitors; and the Planning Commission shall also consider that it is the declared policy of the city to provide greater flexibility in the development of institutional lands through planned development, to locate such parking spaces to provide maximum convenience consistent with the need to protect pedestrian traffic and promote efficient and safe movement of vehicular traffic, to recognize that an institutional parking space may accommodate more than one (1) vehicle during any given period of time, thus having a considerable rate of turnover, and to promote a more efficient allocation of land for buildings and open space by permitting the joint use of off-street parking spaces by all parties to such a plan.

Expiration. Any plan or amended plan submitted to the Planning Commission for its approval shall be considered as having met the off-street parking requirements of the city. However, each such plan, when approved, shall be effective for at least a period of two (2) years, and a revised plan and current data in accordance with this subsection D. shall he or she submitted to the Commission for re-approval in the same manner not later than sixty (60) days prior to the date of the expiration of the plan last approved by the Commission. So long as such an approved plan is in effect, and all subsequent construction or subsequent change of use of any building is substantially in accordance with the plan, the parties to such plan shall be deemed to be in compliance with all accessory off-street parking requirements of the zoning ordinances of the city.

PK-03: This Parking Standards section applies to the Downtown Commercial District.

Exceptions. In the Downtown Commercial and Historic Business District, but excluding the Virginia Avenue corridor, as defined in the off-street parking requirements set forth above shall not apply.

Any person or group or combination of business, commercial or industrial organizations which has a comprehensive plan for the development, redevelopment or rehabilitation of existing or proposed facilities encompassed within a contiguous area shall be considered as a unit for the purpose of the application of the off-street parking requirements set forth herein.

Plan Submittal. The group shall submit a plan to the City Planner indicating that the combined parking facilities by all of the components of the plan substantially meet the intent of the minimum standards required herein. The plan shall set forth the following in detail:

The area which encompasses the rehabilitation, redevelopment or development;

The existing or proposed use of each existing or proposed structure;

The schedule of the rehabilitation or construction of the structures;

Any duplication of off-street parking requirements as applied to the plan;

A proposal for the joint use and sharing of off-street parking facilities. The proposal shall designate the location of the facilities to be shared and shall indicate the period of usage so as to show no conflict in usage by those sharing the facilities.

Approval. Any plan submitted to the City Planner for his/her approval in accordance with this Article, which outlines and complies with the standards set forth above, shall be considered as having met the off-street parking requirements of the city.

PK-04: This Parking Standards section applies to Residential Districts and Uses.

Commercial Vehicles. No commercial vehicle shall be stored on any premises in a residential District and not more than one (1) commercial vehicle weighing unloaded not more than one and one-half (1½) tons may be stored on any premises in any other Residence District unless for farming, truck gardening or a related and similar activity if a permitted accessory use of the premises.

Recreational Vehicles, Boats, Trailers. In a residential zoning district, one (1) recreational vehicle owned by the residents may be stored on their individual lot within the confines of the rear yard, insofar as distances from principal structures, lot lines and easements are concerned. All recreational equipment parked or stored shall not be connected to sanitary facilities and shall not be occupied. In those instances where the rear yard is not accessible by means of a driveway, alley or has insufficient side yard clearance for the passage of a recreational vehicle, the recreational vehicle shall not be parked upon the property. Recreational vehicle or boat shall be screened from street frontage, and shall be parked on approved impervious surface.

Trailers and Hauling Equipment. In a residential zoning district, one (1) trailer or piece of hauling equipment owned by the residents may be stored on their individual lot within the confines of the garage, shed, or other similar enclosure

PK-05: This Parking Standards section applies to the Downtown Commercial and Historic and the Hospitality Campus District.

Purpose. The requirements for bicycle parking are established for the purpose of ensuring adequate and safe facilities to accommodate bicycle parking and to encourage use of bicycles for travel as an alternative to use of automobiles.

Applicability. Bicycle parking facilities shall be provided in every new automobile parking lot or garage, and for every expansion of an automobile parking lot or garage when the expansion includes the provision of ten (10) or more additional automobile parking spaces within the Downtown Commercial and Historic District and Hospitality Campus District.

Number of Bicycle Parking Spaces. Unless otherwise expressly stated, bicycle parking spaces shall be provided at a rate of one (1) bicycle parking space for each twenty (20) automobile spaces provided.

Maximum. No automobile parking lot or garage shall be required to provide more than ten (10) bicycle parking spaces.

Bicycle Parking Space Size. Required bicycle parking spaces for nonresidential uses must have minimum dimensions of two (2) feet in width by six (6) feet in length.

Bicycle Parking Space Location. Required bicycle parking spaces shall be located at least as close to the entrance of the building as the nearest non-handicapped automobile parking space. Where automobile parking is provided in an enclosed area, bicycle parking shall be provided within the enclosure or in such a way as to provide comparable protection from the elements. Bicycle parking spaces shall be located on the property of the use that it serves unless it is determined by the City Planner that a location on another property or in the public right-of way represents the only feasible means of meeting the requirement for bicycle parking spaces. A location in the public right-of-way shall be permitted only if such location meets all requirements for approval from the city.

Bicycle Racks and Lockers. Each required bicycle parking space shall be equipped with a bicycle rack or "bicycle locker," as defined in this section.

Design. Bicycle racks and lockers must be securely anchored to the ground or a building. Bicycle racks must provide a stable frame to which the bicycle may be conveniently secured, such as the inverted-U, post and loop, or another type of rack that meets these standards. Bicycle racks that support the wheel but not the frame of the bike may not be used to fulfill a bicycle parking requirement. In parking lots and parking garages, physical barriers, such as posts or bollards, shall be provided so as to prevent a motor vehicle from striking a parked bicycle.

Residential Uses. Neither bicycle racks nor bicycle lockers are required for bicycle parking associated with residential uses. Required bicycle parking for residential uses may be provided in garages, storage rooms, or any other resident-accessible, secure areas.

Exemptions. No bicycle parking shall be required for single-family residences, two (2) family residences, townhouses, funeral parlors, automobile repair or body shops, gas stations, car washes, or motor vehicle sales lots.

6.34 - Off-Street Loading Standards (OL).

OL-01: This Off-Street Loading Standards section applies to all zoning districts.

In all use districts adequate loading or unloading docks or platforms shall be provided in or on all nonresidential buildings hereafter erected or converted to such use which contain a gross floor area of twenty-five thousand (25,000) square feet or more or occupy lots which abut an alley or have a frontage of one hundred (100) feet or more; provided that the City Planner may modify requirements of this section for buildings which contain a gross floor area of twenty-five thousand (25,000) square feet or more but occupy lots which do not abut any alley and have less than one hundred (100) feet frontage, or for buildings which contain a gross floor area of less than twenty-five thousand (25,000) square feet, when the City Planner deems such modification to be in the public interest and not detrimental to adjoining property. Such docks or platforms shall be not less than fifty (50) feet back from the building line along the street or alley on which they face and not less than eighty (80) feet from the center line of the street. Any truck entrance or exit doorway or gateway less than five (5) feet from the street line shall be at least twelve (12) feet wide and twelve (12) feet high and the curb cut shall extend for at least fifteen (15) feet on either side of the driveway.

6.35 - Fences and Walls Standards (FN).

FN-01: This Fences and Walls Standards section applies to all zoning districts.

Fences and walls shall be permitted in all zoning districts with a permit subject to conformance with the following requirements:

All fences and walls shall present the non-structural face outward.

All fences and walls may be permitted up to any property line that is not also a right-of-way line. All fences and walls shall be setback a minimum of 2 feet from all adjacent rights-of-way.

No fence or wall may be placed in any right-of-way or any sight visibility area, as determined by the Engineering Director.

No fence or wall may be placed in any drainage, utility, sidewalk, landscaping, access or other easement without written permission from the easement holder.

No fence or wall may be placed in any required buffer zone that does not specifically provide for the inclusion of fences.

Fences specifically required by this Code for screening, swimming pools, telecommunications facilities, or other purposes may exceed the maximum heights established by this section in a manner consistent with the specific requirements of this Code.

The height of a fence shall be determined by measuring from the highest grade to the highest point of the fence, including any posts or finials.

Residential Districts: Fences and walls constructed of chain link, of ornamental metal, of ornamental masonry, or of ornamental wood, shall not exceed six (6) feet in height in any side or rear yard and shall not exceed four (4) feet in any front yard or in that portion of the side yards abutting front yards of other residential lots. For the purposes of this requirement, the front yard shall be defined as all areas located between any adjacent streets and the walls of the primary structure which face them.

Commercial and Mixed Use Districts: Fences and walls shall not exceed six (6) feet in height in any front, side, rear yard.

Industrial Districts: Fences and walls shall not exceed eight (8) feet in height in any front, side, or rear yard.

Any fence may be prohibited if, in the opinion of the building official or the chief of police, that fence obstructs the vision of motorists to the public rights-of-way so as to create a dangerous condition, or if for some other reason such fence would endanger the public safety or general welfare.

The use of barbed-wire, razor wire or similar fencing materials is specifically prohibited in all zoning districts, except in industrial zoned districts. Such fencing materials may be allowed upon application to and approval by the building official.

High voltage electric fences are prohibited throughout the city; however, the construction and use of low voltage electric fences, shall be allowed in the city only as provided in this section and subject to the following standards:

Permit. The construction or installation of any high voltage electric fence shall not commence except with a building permit secured from the office of inspections.

Electrification. The energizer for electric fences must be driven by a commercial storage battery, not to exceed 12 volts DC. The storage battery must be charged primarily by a solar panel; however, the solar panel may be augmented by a commercial trickle charger. The electric fence shall not be energized unless the College Park Power Department has inspected such fence for compliance.

Perimeter fence or wall. Electric fences shall be completely surrounded by a non-electric fence or wall that is not less than six (6) feet tall, and the electric fence and non-electric fence or wall shall have no less than six (6) inches of space between them.

Location. Electric fences shall be permitted only in industrial zoned districts.

Setback. Electric fences shall be a minimum of twenty-five (25) feet from all perimeter property lines when adjacent to residential zoning districts.

Buffers. Electric fences shall not enclose a landscape buffer.

Height. Electric fences shall have a minimum height of six (6) feet and maximum height of eight (8) feet, but such height can be extended up to ten (10) feet if a variance is granted.

Warning signs. Electric fences shall be clearly identified with warning signs that read: "Danger: Premises Protected by an Electric Fence" at intervals of not less than twenty (20) feet and at a height no higher than five (5) feet from the ground.

Warnings. Electric fences shall not be energized until such signs are posted.

10.

Accessibility. A Knox Box rapid entry system, unlocked by a key, shall be required and installed per the standards of the City of College Park Fire Department.

11.

Power source. The power source for electrified fences shall come from an internal source and not be generated directly from a city-powered source.

12.

Power Lines. Electric fence conductors shall not be mounted on support surfaces utilized for overhead power lines.

13.

Indemnification. The applicant or property owner agrees to defend, indemnify, and hold harmless the city or its agents, officers, and employees from any claim, action or proceeding against the city or its agents, officers, or employees resulting from the approval and installation of an electric fence. Prior to issuance of any permits, the applicant or property owner shall execute such indemnification and hold harmless agreements reflecting the obligations required under this subsection, in such form as approved by the city attorney.

14.

UL Standards. Electric fences shall meet UL standards.

6.36 - Outdoor Lighting Standards (OL).

OL-01: This Outdoor Lighting Standards section applies to all zoning districts.

All outdoor lighting systems in the City of College Park shall be consistent with the following minimum standards and requirements:

Purpose and intent: The purpose of this section is to regulate the placement, orientation, distribution patterns, and fixture types of outdoor lighting. The intent is to encourage lighting that:

Provides safety, utility, and security;

Prevents glare on public roadways;

Protects the privacy of residents; and

Reduces atmospheric light pollution.

Outdoor Lighting Compliance Statement: The applicant for any permit for work involving outdoor lighting fixtures governed by this Section shall submit, as part of the site plan, evidence that the proposed work will comply with this Section. This information shall contain but not be limited to the following:

The location, height, make, model, lamp type, and wattage of each outdoor lighting fixture;

Certification that the angle of total light cutoff is no more than 90 degrees; and

Additional information the City Planner may determine is necessary, including but not limited to illuminance level profiles.

Approved Materials and Methods of Construction, Installation, or Operation: The provisions of this Section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this Section, provided any such alternate has been approved. The City Planner may approve any such proposed alternative provided it:

Provides at least approximate equivalent to the applicable specific requirement of this Section; and

Is otherwise satisfactory and complies with the purpose and intent of this Section.

General Requirements:

In all zoning districts: All outdoor lighting fixtures, including display lighting, shall be turned off after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary.

Auto/Truck filling stations: Island canopy ceiling fixtures shall be recessed.

Recreational facilities, public or private: Lighting for outdoor recreational facilities shall be shielded according to the table at the end of this Section.

All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective.

Light trespass from a property shall be designed not to exceed 0.5 footcandles at the property line.

Exemptions: The following uses shall be exempt from the provisions of this ordinance:

Roadway and Airport lighting and lighting activated by motion sensor devices;

Temporary circus, fair, carnival, or civic uses;

Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting;

Temporary lighting.

6.37 - Container Style and Modular Building Standards.

Applicability of this section.

This section shall apply to all container style and modular buildings including buildings constructed from refurbished shipping containers.

"Occupied Shipping Container Buildings" shall include "Any type of building or structure made out of used shipping containers for the use of occupied commercial space. These types of container buildings are separate and distinct from the use of used shipping containers for storage units."

Zoning Districts.

Container style buildings shall be prohibited in all residential district including R1, R2, R3 and RM. Modular buildings may be permitted in residential districts if the building code and standards below are met.

Container style and modular buildings shall be permitted by conditional use permit in mixed use districts including TOD, DC, and HC.

Container style and modular buildings shall be permitted in BP, OP, C1, C2, M1, and M2 districts given they meet the building code and standards of this section.

Prohibited Uses.

Mini-warehouses or storage facilities of any type.

Accessory structure used for storage.

Auto storage, repair, or maintenance.

Storage of Hazardous Material.

Exceptions.

Container style buildings may be used as a primary structure for the storage of equipment used for data, computer, battery, or electrical storage.

ii.

Containers used in this matter shall be completely shielded from the public right-of-way.

Distance from similar structures.

No container style building shall not be located on a parcel within 2,500 feet of another parcel with container style building.

Other modular building types may not be located on a parcel within 2,500 feet of another building of the same type.

The distance requirements in this section may be varied by the Zoning Board of Appeals if the Board determines one of the following exemptions is met:

The container or modular buildings are part of an overall master plan for multiple parcels.

ii.

The container or modular buildings are not visible from one another.

iii.

Additional façade or architectural treatments are provided.

Construction.

All container style buildings must meet the IBC (international building code) container acceptance criteria (AC462) and the IBC's guidelines for container use.

Container style buildings are limited to 2 stories in height (no more than 2 stacked containers) unless otherwise approved for a conditional height permit by Mayor and Council.

All buildings shall be installed on permanent foundations in compliance with the College Park Building Code. The distance below the underside of the plywood floor sheathing to the exposed soil shall not be less than 18 inches.

Buildings must have the following:

Wiring and connection for permanent electrical utility service.

ii.

No less than one HVAC (heating, ventilation, and air conditioning) system.

iii.

Insulation in the form of closed cell spray foam insulation.

iv.

Exclusive of any end cargo doors, a door measuring at least 19.5 square feet and one or more windows measuring at least six square feet each.

No container shall be placed in a location which may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to the surrounding land use and development.

No container that was used for the storage or transportation of hazardous material may be converted for commercial occupancy.

Facades and exterior walls including sides and backs.

The building shall be designed in a way that will reduce the strictly metal façade and will provide visual interest including cladding with wood, concrete siding, or other materials to be approved by the City Planner.

The building shall include architectural features that contribute to visual interest at the pedestrian scale by breaking up the building wall, front, side, and rear, with color, texture changes, wall offsets, reveals, or projecting ribs.

The buildings shall have exterior building materials and colors that are aesthetically pleasing and compatible with materials and colors that are used with the district.

Street frontage. Along any public street frontage, the building design shall include at least one (1) of the following:

Windows, arcades, awnings or other acceptable features along at least sixty (60) percent of the building length and appropriately spaced.

Architectural treatment, similar to that provided to the front facade shall be provided to the sides and rear of the building to mitigate any negative view from any location off-site and any public area (e.g. parking lots, walkways, etc.) on site.

Landscaping.

Parcels with container style buildings must meet the landscaping requirements established in the zoning code as well as provide additional shrubs or trees along areas in which the building is visible from the public right-of-way.

Violations.

Any violations of this section will be assessed for enforcement and penalties per Article 15 of the Zoning Code.

(Ord. No. 2021-06, § 1, 8-17-21)

6.38 - Food Truck Park Standards (FTP).

FTP: This food truck park standards section applies to all districts where food truck parks are permitted.

Standards. Food truck parks must meet the following standards:

The food truck park must be at least one (1) acre in size.

There must be designated spots that are at least twenty (20) feet by ten (10) feet in size for each food truck that will be operating on site.

There must be at least five (5) feet of space between each food truck spot.

All food truck parking and customer parking spaces must be paved and clearly marked.

At least three (3) customer parking spaces per a food truck space must be provided on site.

At least four (4) seats per a food truck space must be provided on site.

Permanent restrooms with water/sewer taps must be provided on site.

Operational hours may only take place between 9:00 a.m. and 10:00 p.m.

No food truck is allowed within twenty-five (25) feet of any property line.

10.

Permanent lighting must be provided on site for all food truck and parking areas.

11.

An enclosed dumpster area on slab must be provided on site along with adequate trash receptacles throughout the food truck park.

12.

No food truck shall be permitted to stay parked overnight. The food truck park should be closed and all trucks dispersed by 11:00 p.m. each night.

Permits. All food trucks operating at food truck parks within the City of College Park must be properly licensed to operate within the city per chapter 11 - occupational licenses, taxes and regulations of the College Park City Code. All permits from College Park and Fulton or Clayton County Health Permits must be posted visibly.

Penalties. Any violation of the provisions of this section shall be punishable by a fine not to exceed one hundred dollars ($100.00) for the first violation and a fine not to exceed one thousand dollars ($1,000.00) and/or suspension or revocation of FTP permit for each violation thereafter.

(Ord. No. 2022-05, § 4, 1-18-22)

Editor's note— Ord. No. 2022-05, § 4, adopted January 18, 2022, set out provisions intended for use as § 6.37. Inasmuch as there were already provisions so designated, said section has been codified herein as § 6.38 at the discretion of the editor.