(a)

Application.

(1)

Overlay districts in this article are supplemental to the zoning district classifications established in Article B of this chapter.

(2)

All rezonings, special use permits, variances, land development permits and building permits for a lot located within any overlay district shall meet all of the requirements of the base zoning district in which it is located and, in addition, shall meet all of the requirements of the overlay district applicable to said lot.

(3)

The provisions of this district shall apply to all parcels of land and rights of way within the boundaries of the district. Any parcel of land that is wholly or partly within the boundary shall be included.

(b)

Conflicts with other zoning district standards. In any case where the standards and requirements of the overlay district conflict with those of the base zoning district, the standards and requirements of the overlay district shall govern.

(c)

Overlay district boundary maps. Boundaries of overlay districts are shown on the official zoning map, as amended from time to time:

(1)

City of Conyers Watershed Protection Overlay District;

(2)

City of Conyers Conservation Subdivision Overlay District (by application);

(3)

Livable Centers Initiative Overlay District.

(d)

Map amendments. No change in the boundary of an overlay district shall be authorized, except by the City Council pursuant to procedures in Section 8-7-124.

(Code 1990, § 8-7-60; Ord. No. 693, 8-18-2004)

(a)

Purpose and intent. Pursuant to O.C.G.A. § 12-2-8 and the Georgia Department of Natural Resources, Environmental Protection Division's Rules for Environmental Planning Criteria Ga. Comp. R. & Regs. Chapter 391-3-16, the River Corridor Protection Overlay District establishes regulations to preserve rivers as habitats for wildlife, recreation sites and sources of clean drinking water.

(b)

Applicability. The River Corridor Protection Overlay District includes all parcels or portions of parcels lying within a protected river corridor. For purposes of this chapter, the term "protected rivers" includes perennial rivers or watercourses with an average annual flow of at least 400 cubic feet per second (cfs), as determined by appropriate U.S. Geological Survey documents and any other river meeting criteria established by the DNR.

(c)

Permitted uses. Except as noted below, the river corridor shall be maintained as a natural vegetative buffer and all construction within the buffer shall be prohibited.

(d)

Single-family dwellings. Single-family dwellings shall be permitted subject to the state-mandated 25-foot riparian buffer and subject further to the following conditions:

(1)

The dwelling must be in compliance with all applicable zoning regulations.

(2)

The dwelling must be located on a tract of land containing at least two acres. No portion of the two acres may include any area that lies within the protected river.

(3)

Only one such dwelling may be on the two acre or larger tract of land.

(4)

Septic tanks serving such dwellings shall not be located within the buffer.

(5)

Septic tank drainfields shall not be located in the buffer.

(e)

Industrial and commercial land uses. Industrial and commercial land uses existing prior to the establishment of the River Corridor Protection Overlay District shall be permitted, subject to the following conditions:

(1)

The industrial and commercial uses must not impair the drinking quality of the river water.

(2)

The industrial and commercial uses must meet all State and Federal environmental rules and regulations.

(f)

Road and utility crossings. Road and utility crossings shall be permitted, provided the construction of such road and utility crossings shall meet all requirements of the Georgia Erosion and Sedimentation Act, as amended, and the applicable local ordinances on soil erosion and sedimentation control.

(g)

Additional permitted uses. The following are additional uses of river corridors, provided that such uses do not impair the long-term functions of the protected river or the river corridor:

(1)

Timber production and harvesting, subject to the following conditions:

a.

Timber production and harvesting must be consistent with BMPs established by the Georgia Forestry Commission and all other State and Federal regulations.

b.

Timber production and harvesting must not impair the drinking quality of the river water, as defined by the Federal Clean Water Act, as amended.

(2)

Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8.

(3)

Wastewater treatment.

(4)

Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, outdoor passive recreational activities such as fishing, bird watching, hiking, boating (including a boat launch ramp), horseback riding and canoeing would be consistent with this criteria; but a hard-surfaced tennis court would not. Parking lots are not consistent with this criterion.

(5)

Natural water quality treatment or purification.

(6)

Agricultural production and management subject to the following conditions:

a.

Agricultural production must be consistent with BMPs established by the Georgia Soil and Water Conservation Commission, regulations established by the Georgia Department of Agriculture and all other State and Federal regulations.

b.

Agricultural production must not impair the drinking quality of the river water, as defined by the Clean Water Act, as amended.

(7)

Other uses permitted by the DNR or under Section 404 of the Clean Water Act.

(h)

Restoration of buffer. The natural vegetative buffer shall be restored within 120 days after any permitted land disturbing activity within the river corridor.

(i)

Exempt uses.

(1)

Legally established land uses existing prior to the establishment of the River Corridor Protection Overlay District.

(2)

Mining activities, if permitted by the DNR, pursuant to the Georgia Surface and Mining Act of 1968, as amended.

(3)

Utilities, except as discussed above, if such utilities cannot feasibly be located outside the buffer area, provided that:

a.

The utilities must be located as far from the river bank as reasonably possible.

b.

The utilities must be installed and maintained so as to protect the integrity of the buffer area as well as is reasonably possible.

c.

The utilities may not impair the drinking quality of the river water.

(j)

Prohibited uses. The following uses are prohibited within river corridors:

(1)

Handling areas for the receiving and storage of hazardous waste;

(2)

Hazardous waste or solid waste landfills;

(3)

Vehicle parking lots;

(4)

Except as provided in Section 8-7-61(d) concerning single-family dwellings, septic tanks and septic tank drainfields.

(Code 1990, § 8-7-61; Ord. No. 693, 8-18-2004)

(a)

Purpose and intent. Pursuant to O.C.G.A. § 12-2-8 and the DNR, Environmental Protection Division's Rules for Environmental Planning Criteria Ga. Comp. R. & Regs. Chapter 391-3-16, the Groundwater Recharge Area Protection Overlay District establishes regulations to protect significant groundwater recharge areas from pollution by spills, discharges, leaks, impoundments, applications of chemicals, injections and other development.

(b)

Groundwater Recharge Area Protection Overlay District. The City of Conyers Groundwater Recharge Area Protection Overlay District Map, which is available for inspection during office hours in the Department, is delineated according to the DNR's Significant Recharge Areas, Hydrological Atlas 18 (1989 Edition) and the Georgia Department of Natural Resources' Pollution Susceptibility Map, which categorizes City by areas of high, medium, and low groundwater pollution potential.

(c)

Development standards. All uses allowed in the underlying zoning districts, except those specifically prohibited in Section 8-7-62(d), are permitted in the Groundwater Recharge Area Protection Overlay District, subject to the following standards:

(1)

New sanitary landfills must have synthetic liners and leachate collection systems.

(2)

New above-ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall meet the requirements of U.S. EPA rules for oil pollution prevention, 40 CFR 112.1. Such tanks used for agricultural purposes are exempt, provided they comply with all Federal regulations.

(3)

New agricultural waste impoundment sites must be lined if they are within:

a.

A high pollution susceptibility area;

b.

A medium pollution susceptibility area and exceed 15 acre-ft;

c.

A low pollution susceptibility area and exceed 50 acre-ft.

At a minimum, the liner shall be constructed of compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than five by 10 ^-7 cm/sec or other criteria established by the U.S. Soil Conservation Service.

(4)

Subject to minimum lot sizes established in Article B of this chapter, new homes served by septic tank/drainfield systems must be on lots having the following minimum size limitations, as identified on Table MT-1 of the Department of Human Resources' Manual for On-Site Sewage Management Systems (DHR table MT-1):

a.

150 percent of the subdivision minimum lot size of DHR table MT-1, if they are within a high pollution susceptibility area;

b.

125 percent of the subdivision minimum lot size of DHR table MT-1, if they are within a medium pollution susceptibility area;

c.

110 percent of the subdivision minimum lot size of DHR table MT-1, if they are within a low pollution susceptibility area.

(5)

Subject to minimum lot sizes established in Article B of this chapter, new manufactured home parks served by septic tank/drainfield systems must have lots or spaces having the following size limitations as identified on table MT-2 of the Department of Human Resources' Manual for On-Site Sewage Management Systems (DHR table MT-2):

a.

150 percent of the subdivision minimum lot size of DHR table MT-2, if they are within a high pollution susceptibility area;

b.

125 percent of the subdivision minimum lot size of DHR table MT-2, if they are within a medium pollution susceptibility area;

c.

110 percent of the subdivision minimum lot size of DHR table MT-2, if they are within a low pollution susceptibility area.

(6)

No construction may proceed on a building or manufactured home to be served by a septic tank unless the Rockdale County Environmental Health Department first approves the proposed septic tank installation as meeting the requirements of the DHR manual and Subsections (c)(4) and (5) of this section.

(7)

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

(8)

Any project involving the spray irrigation of wastewater sludges in areas of high pollution susceptibility must conform with requirements specified in the DNR's Criteria for Slow Rate Land Treatment.

(9)

Exclusive of mining settling basins, all new wastewater treatment basins must have an impermeable liner in areas having high pollution susceptibility.

(d)

Prohibited uses. The following uses are prohibited:

(1)

The land disposal of hazardous wastes;

(2)

Permanent stormwater infiltration basins in areas of high pollution susceptibility.

(Code 1990, § 8-7-62; Ord. No. 693, 8-18-2004)

(a)

Purpose and intent. Pursuant to O.C.G.A. § 12-2-8 and the DNR, Environmental Protection Division's Rules for Environmental Planning Criteria Ga. Comp. R. & Regs. Chapter 391-3-16, the Wetlands Protection Overlay District establishes regulations to promote the wise use of wetlands and protect them from alterations that will significantly affect or reduce their primary functions for water quality, floodplain and erosion control, groundwater recharge, aesthetic natural areas and wildlife habitat areas.

(b)

Wetlands development permit requirements. No activity or use, except those identified in Subsection (d) of this section, shall be allowed in the Wetlands Protection Overlay District without issuance of a local development permit. Local permits will be issued only if the proposed use is in compliance with the requirements of the underlying zoning district and the Wetlands Protection Overlay District. Furthermore, if the area of proposed development is located within 100 feet of the wetlands boundaries, as established by the Wetlands Protection Overlay District Map, a U.S. Army Corps of Engineers delineation is required under Section 404 of the Clean Water Act. If wetlands are altered or degraded, mitigation to offset losses may be required as a condition of a Section 404 permit. Local development permits will not be issued until after any necessary Section 404 permits have been secured.

(c)

Permitted uses. Subject to Federal and State requirements, the following uses are permitted by right in the Wetlands Protection Overlay District to the extent that they are not prohibited by any other ordinance or law and provided that they do not require structures, grading, filling, draining or dredging; unless a permit pursuant to Section 404 of the Clean Water Act (33 USC 1344) is obtained:

(1)

Forestry practices applied in accordance with BMPs approved by the Georgia Forestry Commission;

(2)

Conservation or preservation of soil, water, vegetation, fish or other wildlife, provided they do not affect waters of the State or of the United States in such a way that they would require an individual permit pursuant to Section 404 of the Clean Water Act (33 USC 1344);

(3)

Outdoor passive recreation activities; including fishing, bird watching, hiking, boating, horseback riding and canoeing;

(4)

Natural water quality treatment or purification;

(5)

Normal agricultural activities, including the planting and harvesting of crops and pasturing of livestock. Such activities shall be subject to BMPs approved by the Georgia Department of Agriculture;

(6)

Other uses permitted under Section 404 of the Clean Water Act (33 USC 1344).

(d)

Prohibited uses.

(1)

Receiving areas for toxic or hazardous waste or other contaminants.

(2)

Hazardous or sanitary waste landfills.

(Code 1990, § 8-7-63; Ord. No. 693, 8-18-2004)

(a)

Purpose and intent. The City finds that it is in the best interests of the residents of the City to protect the water quality of the Big Haynes Creek, its tributaries and the associated reservoir that provides the drinking water for its citizens now and in the future. It is the intent of this W-P District:

(1)

To protect the public health by setting standards for land use that will maintain and, where possible, improve the purity of water in the streams of the City that flow into the water intake and reservoir;

(2)

To conform to the DNR environmental planning criteria for water supply watersheds that defines Big Haynes Creek as a small water supply that requires local governments in the watershed; to limit impervious surface throughout the watershed; to provide natural, undisturbed riparian buffers along its length; to provide minimum setbacks for impervious surfaces; and to provide minimum setbacks for septic tanks and drainfields;

(3)

To implement the recommendations set forth in the comprehensive plan;

(4)

To join with the County in a cooperative effort to maintain the integrity and purity of our common drinking water supplies by enforcing parallel land development standards throughout the watershed.

(b)

Principal uses and structures. Principal uses and structures permitted in the underlying zoning district in Section 8-7-90, use table.

(c)

Prohibited uses.

(1)

Auto repair;

(2)

Hazardous waste storage or treatment;

(3)

Mining and quarrying;

(4)

Junkyards, salvage operations, recyclable material wholesalers;

(5)

Petroleum bulk storage;

(6)

Solid waste landfills;

(7)

Underground or above-ground storage of fuels or chemicals.

(d)

Accessory uses and structures. Accessory uses and structures shall be permitted in the W-P District in accordance with Section 8-7-90, use table and Section 8-7-91.

(e)

Special uses. Special uses may be permitted in the W-P District in accordance with Section 8-7-90, use table. Special uses shall be subject to the additional use standards established in Article D of this chapter.

(f)

Property development standards.

(1)

Minimum lot size: One acre, except as provided within an approved conservation subdivision overlay.

(2)

Minimum lot width at building line: 100 feet.

(3)

Minimum lot depth: 250 feet.

(4)

Minimum yard requirements:

a.

Front: 35 feet.

b.

Rear: 60 feet.

c.

Side, interior lot: 20 feet.

d.

Side, corner lot: 30 feet.

(5)

Maximum building height: 35 feet.

(6)

Maximum impervious coverage:

a.

Impervious surface area, including all streets, utilities and structures, shall be limited to 25 percent of the entire water supply watershed.

b.

Total impervious surface for a lot shall be limited to existing use or 15 percent, whichever is greater.

(7)

Riparian buffers and setbacks. All perennial streams within the W-P District shall be protected with the following criteria:

a.

A 100-foot wide riparian buffer shall be preserved on both sides of a lake or stream, meeting the standards of the City of Conyers Riparian Buffer Ordinance.

b.

No impervious surface shall be constructed or placed within 150 feet of either side of the stream, as measured from the stream banks.

c.

No septic tank or septic tank drainfield shall be constructed or placed within 150 feet of either side of the stream, as measured from the stream banks.

d.

The following shall be exempt from the riparian buffer regulations provided in this subsection:

1.

Land uses and structures existing prior to the adoption of the ordinance from which this chapter is derived;

2.

Perpendicular street and utility crossings;

3.

Fencing approved by the City Manager or his or her designee.

(8)

Street standards.

a.

With approval of the City Manager, or his or her designee new collector and local streets in the W-P District may be constructed with travel lanes as narrow as ten feet.

b.

With approval of the City Manager, or his or her designee, street drainage may be provided through open swales and natural filtration systems, rather than curb and gutter in the W-P District.

(9)

Utility construction.

a.

Utilities shall cross only streams at an angle that is as close to perpendicular as possible.

b.

Utilities shall be placed as far as possible from the stream banks so as to protect the function of the riparian buffer and minimize impacts on soil erosion, sedimentation and water quality.

(10)

Forestry and agricultural activities. Forestry and agricultural activities shall be consistent with best management practices established by the Georgia Forestry Commission and the Georgia Department of Agriculture.

(Code 1990, § 8-7-64; Ord. No. 693, 8-18-2004)

Editor's note— Ord. No. 1000, § 48, adopted Nov. 18, 2015, repealed former § 8-7-65 which pertained to the Conservation Subdivision Overlay District, and derived from the 1990 Code, § 8-7-65; and Ord. No. 693, adopted Aug. 18, 2004.

(a)

Purpose. The purpose of the North Conyers Design Overlay District is to implement smart growth policies adopted by the Mayor and City Council in the City Comprehensive Plan and the Livable Centers Initiative Study (2001). The smart growth policies adopted by the Mayor and City Council advocate the development of an urban fabric that is compact, walkable and mixed-use. These policies further advocate the integration of housing, offices, open spaces, schools and stores to provide for a balanced mix of activities and uses.

(b)

Intent. The intent of this overlay district is to enable and encourage the implementation of the following smart growth policies:

1.

That interconnected networks of streets should be designed to disperse traffic and reduce the length of automobile trips;

2.

That the design of streets and buildings should be safe and accessible;

3.

That development should adequately accommodate automobiles, pedestrians, and bicyclists;

4.

That buildings and landscaping should contribute to the community's character and aesthetic appeal;

5.

That the ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive, while also expanding the transportation options that are available to those who drive;

6.

That a range of housing types should be integrated with offices, open spaces, schools and stores;

7.

That a range of housing types and price levels should be provided to accommodate diverse ages, and incomes; and

8.

That architecture and landscape design should grow from local building practice, climate, history and topography.

(c)

Exemptions. The provisions of this section are not applicable to those properties zoned as MxD, Mixed-use Development District and GV, Gateway Village District.

(d)

Streetscape design. All future streets and improvements to existing streets shall be subject to the standards as follows:

1.

General to all streets.

a.

All streets are intended for use by vehicular, pedestrian and bicycle traffic, and to provide access to lots and open space.

b.

All streets shall intersect with, or terminate at, other streets in order to form a network. Culs-de-sac shall only be permitted to accommodate natural environmental conditions that are specific to the site such as:

i.

A protected habitat;

ii.

A protected wetland;

iii.

A riparian corridor; or

iv.

Surface waterbodies.

c.

All streets shall have sidewalks that are no less than five feet in width installed on both sides.

i.

In no such case shall any sidewalk be greater than 25 feet in width, unless approved by the City Manager or his/her designee.

d.

All streets shall have a sidewalk landscaping strip that is no less than four feet in width between the vehicular/bicycle travel lane and the sidewalk.

i.

Stamped concrete shall be prohibited.

e.

Medians shall be covered with grass and landscaped with any combination of flowering plants, natural rock outcroppings, shrubbery and trees.

f.

With regard to development proposals on five or more acres of land only, no street shall extend for greater than 660 feet in length without intersecting with, or terminating at, another street.

2.

Specific to arterial streets.

a.

In furtherance of promoting bicycling as a viable mode of transportation in the City, arterial streets with sufficient paving width to accommodate safe movement of bicyclists shall provide dedicated bicycle lanes that will satisfy the following:

i.

All such dedicated bicycle lanes shall be separated from vehicular travel and/or parking lanes by striped pavement markings which function as a buffer; and

ii.

All such dedicated bicycle lanes shall be no less than five feet in width.

b.

Arterial streets that are too narrow to accommodate dedicated bicycle lanes shall provide shared vehicular lane markings.

c.

Within the required sidewalk landscaping strip, the land developer or the land owner shall install pedestrian lighting fixtures at intervals of 50 feet, on center. Such pedestrian lighting fixtures shall be 16 feet in height, coated in black paint and shall have a shepherd's crook design to be approved by the City Manager or his/her designee.

d.

Within the required sidewalk landscaping strip, the introduced species of street trees shall be limited to the following:

i.

An eastern hornbeam;

ii.

A red maple;

iii.

A southern sugar maple; or

iv.

A willow oak.

Street trees shall be planted on center and at an equal distance between streetlight fixtures (25 linear feet) within the sidewalk landscaping strip. All street trees shall have a caliper no less than two inches at the time of planting, and shall be warranted by the land developer or the land owner, for at least two years. Additionally, all street trees shall have an expandable tree trunk protector, or a root barrier system provided at its base.

3.

Specific to collector streets.

a.

Both vehicles and bicycles may share use of vehicular travel lanes.

i.

Shared vehicular lane markings are not required.

b.

Within the required sidewalk landscaping strip, the land developer or the land owner shall install pedestrian lighting fixtures at intervals of 50 feet, on center. Such pedestrian lighting fixtures shall be 16 feet in height, coated in black paint and shall have a shepherd's crook design to be approved by the City Manager or his/her designee.

c.

Within the required sidewalk landscaping strip, the introduced species of street trees shall be limited to the following:

i.

An eastern hornbeam;

ii.

A red maple;

iii.

A southern sugar maple; or

iv.

A willow oak.

Street trees shall be planted on center and at an equal distance between streetlight fixtures (25 linear feet) within the sidewalk landscaping strip. All street trees shall have a caliper that is no less than two inches at the time of planting, and shall be warranted by the land developer or the land owner, for at least two years. Additionally, all street trees shall have an expandable tree trunk protector, or a root barrier system provided at its base.

4.

Specific to local streets.

a.

The posted vehicle speed for all new local streets shall not exceed 25 miles per hour.

b.

Both vehicles and bicycles may share use of vehicular travel lanes.

i.

Shared vehicular lane markings are not required.

5.

Specific to alleys.

a.

All alleys shall be private.

i.

An easement shall be provided and recorded within the deed covenants/restrictions allowing access for emergency personnel, public safety personnel, public works personnel, et cetera.

b.

The alley shall connect two streets.

c.

All alleys shall be internal to the development proposal.

d.

The alley shall be constructed and paved similar to public streets.

6.

Specific to State Highway 138 (Walnut Grove Road).

a.

The first ten feet in depth for all yards shall consist of a landscaped strip planted with grass, flowering plants, natural rock outcroppings, and/or shrubbery.

b.

A fence shall be constructed in all yards fronting State Highway 138. The fence shall be 42 inches high and constructed from three vinyl rails with brick, rock or stone columns matching the adjacent building facade. The fence line shall be built directly behind the required landscape strip, and shall have openings no larger than necessary to allow automobile and pedestrian access. Columns shall be placed at all fence corners, and all fence termini. Where there are openings in the fence line, the fence line shall be returned inward for a linear distance that is no less than ten feet onto private property.

7.

Unless specified elsewhere in this section, all streets, alleys, sidewalks, trails and paths shall conform to the provisions in Chapter 6 of this title.

(e)

Building height standards.

1.

Principal buildings shall be no less than 18 feet and no more than 45 feet in height.

2.

Accessory buildings shall be no more than 18 feet in height.

3.

In no event shall any building have more than three stories.

(f)

Use standards.

1.

Principal uses.

a.

Principal uses are as permitted in the underlying district, except where prohibited in subsection 8-7-66(F)(4).

2.

Accessory uses.

a.

Accessory uses are as permitted in the underlying district, except where prohibited in subsection 8-7-66(F)(4).

3.

Additional use limitations and requirements.

a.

Accessory buildings.

i.

All accessory buildings shall match the architectural aesthetic and building material(s) of the principal buildings they serve.

ii.

All accessory buildings shall have pitched roofs.

b.

Drive-through facilities.

i.

No drive-through facility shall face any portion of Sigman Road, State Highway 20 and/or State Highway 138.

ii.

Drive-through roofs shall be pitched at an angle, and shall also use materials matching the roof of the principal building.

iii.

Drive-through facilities shall be permitted at rear or side yards only.

c.

Garages.

i.

Garages may be attached or detached from the principal residential building.

ii.

Garages for permitted residential uses may be front-, rear- or side-entry types.

iii.

All garages shall have carriage style doors and shall have an architectural aesthetic matching the principal residential building.

4.

Prohibitions. The following uses are prohibited:

a.

Automobile dealer.

b.

Beer, wine and liquor store.

c.

Body art establishment/body piercing establishment/tattoo parlor.

d.

Car wash.

e.

Check cashing/pay day lending/title lending/title pawn.

f.

Mini-warehouse.

g.

Pawn shop.

(g)

Architectural standards. The following architectural standards are in addition to those provided for the underlying district, including those provided in Section 8-7-86, Design requirements and Section 8-7-86.1, Design standards for exterior lighting. These architectural standards, when in conflict with those of the underlying district, including those provided in Section 8-7-86, Design requirements and Section 8-7-86.1, Design standards for exterior lighting, shall take precedence. The following architectural standards shall apply to all new construction, and to the restoration and renovation of all existing buildings:

1.

Principal buildings shall be oriented so that the principal pedestrian entrance faces a street. Principal pedestrian entrances facing the street shall be defined by any combination of accentual lighting fixtures, awnings, door patterns, glass and/or other similar architectural elements.

2.

Principal building facades shall be modulated at intervals no more than 40 feet in length when facing a street or an open space.

3.

Building foundations shall be brick, rock, or stone.

4.

With the exception of doors and windows only, exterior finish materials on all building facades within this overlay district shall be limited to brick, cementitious board (fiber cement board panels and planks), rock, stone, wood siding, and/or Portland cement plaster and lathe systems (stucco). In addition to the above, configurations and techniques for building wall materials shall be as follows:

a.

Configurations and techniques for brick, rock, and stone:

i.

When utilized, brick, rock, or stone veneer walls shall use full-size, individual units bonded with mortar.

b.

Configurations and techniques for cementitious board (fiber cement board panels and planks):

i.

All cementitious board (fiber cement board panels and planks) shall be in the pattern of board-and-batten, clapboard or drop siding.

c.

Configurations and techniques for natural wood:

i.

All wood shall be in the pattern of board-and-batten, clapboard or drop siding; and

ii.

All wood shall either be painted or stained.

d.

Configurations and techniques for Portland cement plaster and lathe systems (stucco):

i.

Portland cement plaster and lathe systems (stucco) shall not exceed ten percent of the total building facade area, with each building facade being calculated independently.

ii.

Portland cement plaster and lathe systems (stucco) shall have a traditional three coat finish;

iii.

All Portland cement plaster and lathe systems (stucco) may be painted; and

iv.

All Portland cement plaster and lathe systems (stucco) shall have a sanded or smooth finish.

No other exterior finish material shall be permitted within this overlay district.

5.

Where multiple exterior materials are used on a single building, they shall only be combined on each façade horizontally, with the heavier materials at the bottom.

6.

The use of fluorescent and neon colors is prohibited.

7.

The rear façade and the side façades shall be of the same construction quality, material, finish, and exterior color as the front façade.

8.

When facing a street or an open space, all windows shall be rectangular in orientation along frontage lines, with the height of the opening greater than the width, with the exception of transoms, fanlights, or rose windows.

9.

Doors and windows above the first story shall be centered directly above the doors and windows on the first story when facing a street or an open space.

10.

Door and window glazing shall be transparent and colorless when facing a street or an open space.

11.

Doors and windows that span more than one story are prohibited when facing a street or an open space.

12.

Windows for commercial, educational and religious assembly buildings shall originate no less than 18 inches and no more than 36 inches above finished grade when facing a street or an open space.

13.

Security bars or similar materials shall not be installed on doors and windows facing a street or an open space.

14.

Security grilles and security screens, if provided, shall be mesh, not obscure the view of the interior space, and located on the inside of the glassed area. In addition:

a.

At least 75 percent of the total area of the security grille or security screen shall be transparent, with or without internal illumination.

b.

All security grilles and security screens shall be fully retracted during business hours.

c.

All security grille and security screen housing and shield systems shall be located indoors, and be invisible from the building exterior on all sides.

15.

Exterior shutters, if installed, shall be sized to cover the entire window when closed. Exterior window shutters shall either be louvered or paneled and made of cementitious board (fiber cement board) or painted wood.

16.

Mechanical elements such as air conditioning units, communications equipment, condensers, exhaust vents, generators, HVAC mechanical equipment systems and the like shall not be attached or mounted to any building facade.

17.

Utility elements such as cable, electric, gas and telephone meter boxes and the like are prohibited on all building facades facing a street or an open space.

18.

When either required, or used as an architectural element, all balconies and porches facing a street, or an open space shall not be enclosed with glass, plastics, screen wire or other similar material having the potential to hinder the natural flow of air or to restrict visibility.

19.

When used as an architectural element, chimneys attached to the exterior of any building shall be clad in brick, rock, stone, or Portland cement plaster and lathe systems (stucco).

a.

All exterior chimneys shall originate from finished grade.

b.

All chimneys shall have a projecting cap in order to conceal spark arresters.

20.

When used as an architectural element, balconies shall be supported by visible brackets made of metal or wood.

21.

When used as an architectural element, bay windows shall extend to the ground or be supported by visible brackets made of metal or wood.

22.

Specific to roofs:

a.

Pitched roofs:

i.

Principal pitched roofs shall be sloped at a ratio no less than 6:12. All ancillary pitched roofs provided for accessory buildings, balconies, decks, patios, porches and architectural elements such as, but shall not be limited to, bay windows, canopies and dormers, shall be sloped at a ratio no less than 2:12.

ii.

Pitched roofs shall be clad in asphalt shingles, wood shake, slate, or standing seam metal.

iii.

The eaves of all pitched roofs shall overhang exterior walls a minimum of 12 inches, and roof rafters may be exposed to view.

iv.

All residential buildings shall have pitched roofs.

b.

Flat roofs shall be enclosed by parapets a minimum of 24 inches high on each building facade. In the event mechanical elements such as air conditioning units, communications equipment, condensers, exhaust vents, generators, HVAC mechanical equipment systems and the like are placed on top of the flat roof, the height of the parapet shall be raised to a point that is at least 12 inches higher than the tallest mechanical element.

23.

Specific to the front building facade of a principal residential building:

a.

Developments involving the construction of between one and five single-family dwellings shall provide an adequate number of front building elevation variations to ensure that in no instance shall the same two front elevations be used immediately adjacent to or directly across the street from one another. Developments of six or more single-family dwellings shall provide at least six different front building elevations, and in no instance shall the same two front elevations be used immediately adjacent to or directly across the street from one another. In either situation front elevations shall be substantially differentiated with regard to architectural style, exterior materials, color, and architectural elements. Mirrored or reversed front elevations shall not be considered adequate to fulfill this requirement.

b.

The total area of the front building facade shall be no less than 15 percent, and no more than 40 percent glazed.

24.

Specific to the front building facade of a principal commercial building:

a.

The principal pedestrian entrance shall be at grade with the sidewalk.

b.

The front building facade at the first story between two feet, and 12 feet above the sidewalk, shall be no less than 75 percent glazed.

c.

The front building facade above the first story shall be no more than 50 percent glazed in glass, with each story being calculated independently.

25.

Specific to the front building facade of a place of religious assembly or a school:

a.

The total area of the front building facade shall be no less than 15 percent and no more than 40 percent glazed.

(h)

Signage standards.

1.

Specific to primary ground signs.

a.

Primary ground signs shall not exceed 12 feet in height.

b.

Primary ground signs may be double-sided.

c.

Primary ground sign faces shall not exceed 100 square feet in area.

d.

With the exception of sign faces only, all primary ground signs shall be made of brick, rock, stone, and/or painted wood.

e.

Sign faces on primary ground sings shall be made of painted wood, plastic, or metal.

f.

Sign faces made of cardboard, foam, paper, unfinished/unpainted wood, or similar materials are prohibited.

2.

Specific to wall signs.

a.

Wall signs shall not project vertically above the roof line.

3.

Aesthetic appearance.

a.

All signs shall be complementary in aesthetic appearance to the principal building(s).

4.

Unless specified otherwise in this section, signs shall conform to the provisions in Chapter 5 of this title.

(i)

Screening standards.

1.

Loading docks and service areas. All loading dock and service areas shall be located within rear yards only. All loading dock and service areas shall be appropriately screened from streets, open space and abutting properties either with landscaping to include any combination of dense evergreen vegetation, natural rock outcroppings, and trees, or an opaque wall constructed from brick, rock, or stone matching the adjacent building facade. All such required screening shall be of an appropriate height to conceal loading docks and service areas from view.

2.

Mechanical elements. Mechanical elements located at grade such as air conditioning units, communications equipment, condensers, exhaust vents, generators, HVAC mechanical equipment systems and the like shall be screened from the street, open space and parking areas with a row of dense evergreen hedges, or an opaque wall constructed from brick, rock, or stone that matches the adjacent building facade. Mechanical elements may also be placed on flat roofs, provided that the height of the required parapet enclosing the flat roof is raised to a point that is at least 12 inches higher than the tallest mechanical element in accordance with subsection 8-7-66(g)(22)(b).

3.

Underground utilities. All utilities shall run underground. The City Manager or his/her designee may approve an exception to this provision if subsurface rock or other unique physical hardship makes such installation infeasible. If an exception is approved by the City Manager or his/her designee, then all utilities shall be located within the rear yard only.

(j)

Landscape standards.

1.

All front yards shall either be planted with grass, flowering plants, natural rock outcroppings, or shrubbery.

2.

Land development shall be prohibited on slopes that are in excess of 15 percent.

3.

Mass grading for the construction of detached single-family dwellings shall be prohibited. Grading for the construction of detached single-family dwellings shall follow the natural contours of the lot with the necessary extent of grading determined on a lot-by-lot basis.

4.

Retaining walls shall be faced with brick, rock, or stone that matches the adjacent building facade. Retaining walls greater than four feet high shall be supplemented with dense evergreen plantings.

5.

No disturbed ground shall be left exposed. All exposed ground shall be covered with grasses, shrubs, and trees.

6.

On-site lakes, ponds, reservoirs and other similar bodies of water, and riparian corridors, shall remain exposed and open to the sky, undisturbed by intrusive human activity, and preserved as an integrated landscape feature.

7.

Naturally occurring rock outcroppings and the like shall be preserved as integrated landscape features.

8.

Stormwater detention and retention ponds shall be integrated landscape features, rather than single-purpose flood control and stormwater management ponds.

9.

Stormwater detention and retention ponds shall be planted with appropriate grasses, shrubs, and trees.

10.

In the event stormwater detention and retention ponds cannot be integrated landscape features, then all such stormwater detention and retention ponds shall be located within the rear yard only, and masked from the street, open space, and abutting lots. With the exception of entrances only, all stormwater detention and retention ponds shall be appropriately screened with an opaque wall at least four feet high, and constructed from rock or stone matching the adjacent building facade, or with vinyl chain-link fence painted black also at least four feet high, and completely surrounded by dense evergreen vegetation and trees at least four feet high at the time of planting, that will effectively mask the vinyl chain-link fence and stormwater detention and retention pond from view.

11.

Unless specified otherwise in this section, landscaping shall conform to the provisions in chapter 10 of this title.

(k)

Parking standards. Parking and loading requirements shall conform to Section 8-7-93, Off-street parking and loading standards.

(Ord. No. 1048, § 1(Exh. A), 2-15-2017; Ord. No. 1081, § 8, 7-19-2017; Ord. No. 1109, § 4, 1-17-2018; Ord. No. 1123, §§ 1, 2, 4-8-2018; Ord. No. 1127, § 1, 6-20-2018; Ord. No. 1130, § 3, 6-20-2018; Ord. No. 1153, §§ 1, 2, 11-19-2018)

Editor's note— Ord. No. 1048, § 1(Exh. A), adopted Feb. 15, 2017, repealed the former § 8-7-66, and enacted a new § 8-7-66 as set out herein. The former § 8-7-66 pertained to LCI Livable Centers Initiative Overlay District and derived from Code 1990, § 8-7-66; Ord. No. 693, adopted Aug. 18, 2004; Ord. No. 816, § 1, adopted Nov. 17, 2010; Ord. No. 941, § 1, adopted Oct. 16, 2013; Ord. No. 971, § 3, adopted Sept. 17, 2014.

(a)

Purpose. The purpose of the MxVOD, mixed-use village overlay district, is to encourage owners and land developers to build in patterns that are sustainable, sensitive to the ecological resources of the community, pedestrian oriented and responsive to community preferences for architecture and landscape design along selected streets.

(b)

Intent. The intent of the MxVOD, mixed-use village overlay district, is to:

(1)

Encourage a balanced mix of retail, restaurant, residential, office and open space use in a setting that is visually harmonious.

(2)

Ensure that all uses relate to the pedestrian.

(3)

Ensure that development opportunities be equitable for all scales of ownership.

(4)

Encourage new retail development that will complement and enhance existing retail offerings.

(5)

Encourage a variety of retail goods and services so that the needs of the area's residential and working populations will be satisfied.

(c)

Definitions. Terms used throughout this section shall take their commonly accepted meaning unless defined otherwise in this section, or in Section 8-7-15, specific definitions. When there are conflicts between the definitions in this section and the definitions in Section 8-7-15, specific definitions, these shall supersede and take precedence. For the purposes of this section, the following definitions shall apply:

Frontage Line shall mean a property line bordering a street or open space, whether at the front, rear, or side of the lot. Building façades parallel to frontage lines define the public realm, and are therefore more regulated than the building façades facing the other property lines.

Frontage Line, Principal shall mean the property line designated to bear the measure of the minimum lot width.

Frontage Line, Secondary shall mean the frontage line that is not the principal frontage line.

(d)

Applicability.

(1)

The MxVOD, mixed-use village overlay district, shall be available as an optional zoning by-right, pursuant to the requirements set forth herein. The standards of the existing zoning shall also remain available by-right. The provisions of this section shall be applied in its entirety or not at all.

(2)

The provisions of this chapter shall continue to be applicable to all issues not covered by the MxVOD, mixed-use village overlay district.

(e)

Exhibits. The illustrations provided in Section 8-7-97, exhibits, are an integral part of this section, and are intended to provide a graphic example of a specific provision or provisions set forth in this section. All exhibits are considered legally binding. Where in conflict, the numerical metrics of this section shall take precedent over the graphic metrics in Section 8-7-97, exhibits.

(f)

Tier descriptions. To enable and encourage development patterns that are sustainable and visually harmonious, the MxVOD, mixed-use village overlay district, is divided into two tiers. The two tiers are described as follows:

(1)

Tier one is represented by quiet, mostly residential areas within walking distance of commercial corridors.

(2)

Tier two is represented by commercial corridors of regional importance.

(g)

Streetscape design. Future streetscape improvements to all streets in the MxVOD, mixed-use village overlay district shall be subject to the requirements as follows:

(1)

Specific to arterial streets.

a.

Sidewalks a minimum of five feet in width shall be provided along both sides of the street.

b.

Sidewalks shall be separated from vehicular travel lanes by a sidewalk landscaping strip a minimum of four feet in width. Except as required otherwise by the Georgia Department of Transportation, sidewalk landscaping strips shall be planted with grass and accommodate an aligned, and regularly spaced row of street lights and street trees alternating at 25-foot intervals.

c.

Street lights shall be 16 feet tall, painted black and of a Shepherd's Crook design subject to approval by the City Manager or his/her designee.

d.

Street trees shall consist of a single or alternating species of eastern hornbeam, red maple, southern sugar maple and/or willow oak.

e.

Street trees shall have a minimum caliper of two inches at the time of planting, and shall be warranted by the builder or land developer for at least two years. In addition, all street trees shall have an expandable tree trunk protector or, if not, shall provide a root barrier system at its base.

f.

On private property fronting arterial streets, a ten foot wide landscaping strip planted with evergreen hedges, grass and other areas of natural landscape formally or naturalistically disposed shall be provided.

g.

A fence line constructed of natural wood or vinyl rails, painted white and 3 ½ feet tall, shall be established directly behind the ten foot wide landscaping strip on private property. Piers of brick, indigenous rock, manufactured stone or natural stone material shall be required at all fence corners and termini; and aforesaid piers may also be incorporated into the overall design of the fence line. The design of the fence line shall be consistent with the designs shown in Exhibit D.

h.

The fence line shall remain continuous, except for approved openings no larger than necessary for automobile and pedestrian access. At openings, fence lines shall be returned inward onto private property for a distance not less than ten feet.

i.

No other fencing shall be permitted in any such yards fronting an arterial street.

(2)

Specific to collector streets.

a.

The posted speed for a new collector street shall not exceed 35 miles per hour.

b.

A collector street shall have two or three vehicular travel lanes.

c.

Sidewalks a minimum of five feet in width shall be provided along both sides of the street.

d.

Sidewalks shall be separated from vehicular travel lanes by a sidewalk landscaping strip a minimum of four feet in width. Except as required otherwise by the Georgia Department of Transportation, sidewalk landscaping strips shall be planted with grass and accommodate an aligned, and regularly spaced row of street lights and street trees alternating at 25-foot intervals.

e.

Street lights shall be 16 feet tall, painted black and of a Shepherd's Crook design subject to approval by the City Manager or his/her designee.

f.

Street trees shall consist of a single or alternating species of eastern hornbeam, red maple, southern sugar maple and/or willow oak.

g.

Street trees shall have a minimum caliper of two inches at the time of planting, and shall be warranted by the builder or land developer for at least two years. In addition, all street trees shall have an expandable tree trunk protector or, if not, shall provide a root barrier system at its base.

h.

On private property fronting collector streets, a ten foot wide landscaping strip planted with evergreen hedges, grass and other areas of natural landscape formally or naturalistically disposed shall be provided.

i.

A fence line constructed of natural wood or vinyl rails, painted white and 3 ½ feet tall, shall be established directly behind the ten foot wide landscaping strip on private property. Piers of brick, indigenous rock, manufactured stone or natural stone material shall be required at all fence corners and termini; and aforesaid piers may also be incorporated into the overall design of the fence line. The design of the fence line shall be consistent with the designs shown in Exhibit D.

j.

The fence line shall remain continuous, except for approved openings no larger than necessary for automobile and pedestrian access. At openings, fence lines shall be returned inward onto private property for a distance not less than ten feet.

k.

No other fencing shall be permitted in any such yards fronting a collector street.

(3)

Specific to local streets.

a.

The posted speed shall not exceed 25 miles per hour for a new local street.

b.

A local street shall have two vehicular travel lanes.

c.

Sidewalks a minimum of five feet in width shall be provided along both sides of the street.

d.

Sidewalks shall be separated from vehicular travel lanes by a sidewalk landscaping strip a minimum of four feet in width. Sidewalk landscaping strips shall be planted with grass, and may accommodate an aligned, and regularly spaced row of street lights and/or street trees alternating at 50-foot intervals.

e.

Street lights, if any, shall be ten feet tall, painted black and of a design subject to approval by the City Manager or his/her designee.

f.

Street trees may consist of a single or alternating species of eastern hornbeam, red maple, southern sugar maple and/or willow oak.

g.

Street trees shall have a minimum caliper of two inches at the time of planting, and shall be warranted by the builder or land developer for at least two years. In addition, all street trees shall have an expandable tree trunk protector or, if not, shall provide a root barrier system at its base.

h.

One on-street parking lane that is eight feet wide, subject to approval by the City Manager or his/her designee, may be provided along a local street with curbed bulb-outs at street intersections and termini as appropriate.

(4)

Specific to alleys.

a.

All alleys shall provide continuous access between two streets.

(5)

Specific to project proposals on five or more acres.

a.

No new street shall extend for more than 660 feet without intersecting with, or terminating at, another street.

b.

Cul-de-sacs shall be subject to approval by the City Manager or his/her designee in order to accommodate natural environmental conditions specific to the site only, such as, but not limited to:

1.

A protected habitat;

2.

A protected wetland;

3.

A riparian corridor; or

4.

Surface waterbodies.

(6)

All streets, sidewalks and alleys shall otherwise conform to the design specifications shown in Chapter 6 of this title.

(h)

General regulations for all lots and buildings. All lots and buildings located in the MxVOD, mixed-use village overlay district, shall be subject to the requirements as follows:

(1)

Lot standards.

a.

Each newly platted lot shall front a street.

b.

Each newly platted lot shall be dimensioned according to Table 1.

c.

Property lines bordering a street or an open space are designated as frontage lines. The property line bordering the street shall be designated as a principal frontage line. Lots with property lines bordering more than one street shall designate one property line as the principal frontage line, and the remaining ones shall be designated as secondary frontage lines.

d.

Lot coverage by impermeable surface shall not exceed that recorded in Table 1.

e.

Setbacks for principal buildings shall be as shown in Table 1.

f.

Setbacks for accessory buildings, shall be as recorded in Section 8-7-91, accessory use standards.

(2)

Principal use standards.

a.

The principal uses permitted in each tier shall be as shown in Table 2.

(3)

Accessory use standards. Accessory uses shall be permitted in the MxVOD, mixed-use village overlay district, as follows:

a.

Home Occupation, as an accessory to a detached single-family house, provided that the work quarters shall be invisible from the frontage line.

b.

Home Swimming Pool, as an accessory to a detached single-family house, provided that all such appurtenances are located within rear yards only:

c.

Satellite Antennae, provided that all such appurtenances are located within rear yards only.

d.

Storm Shelter, provided that all such structures shall be permitted within rear yards only.

e.

Swimming Pool, provided that all such appurtenances are located within rear yards only.

f.

In addition to the above:

1.

All accessory buildings shall complement the architectural character of the principal buildings they serve.

2.

All accessory buildings shall have pitched roofs.

(4)

Open space standards. Each project proposal occurring on five or more acres shall permanently assign at least 15 percent of its area to open space, subject to the requirements as follows:

a.

Open space shall be generally designed as shown in Table 3 and described below:

1.

Natural Area. A natural area is an open space available for unstructured recreation. A natural area may be independent of surrounding building frontages. Its landscape shall consist of paths and trails, meadows, rock outcroppings, waterbodies, woodland and open shelters, all naturalistically disposed. Natural areas may be lineal, following the trajectories of natural corridors.

2.

Park. A park is an open space available for unstructured recreation. A park may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees, naturalistically disposed.

3.

Pocket Park. A pocket park is an open space available for unstructured recreation. A pocket park may be independent of surrounding building frontages. Its landscape shall consist of lawn, trees and open shelters, formally disposed.

4.

Square. A square is an open space available for unstructured recreation and civic purposes. A square is spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important streets.

b.

Each open space shall have a minimum of 50 percent of its perimeter fronting a street, except for pocket parks.

c.

No principal building shall be located more than 500 feet from a required open space.

d.

There shall be no minimum or maximum size for an open space, except that pocket parks shall be no less than ¼ acre and no more than ½ acre.

Table 1: Lot Dimensions.

This table establishes the location of the principal buildings in relation to the boundaries of each individual lot.

TABLE 1 NOTES:

[1] The minimum front yard setback shall be 25 feet for detached single-family houses with front-entry garage types.

[2] The minimum front yard setback shall be ten feet for all lots fronting arterial or collector streets.

[3] The minimum space between detached buildings shall be 20 feet.

Table 2: Principal Uses.

This table delegates the principal uses permitted within each principal building, and within each tier.

KEY:

■

Indicates the principal use is permitted by-right.

□

Indicates the principal use is subject to approval by special use permit.

A blank cell indicates the principal use is prohibited.

Table 3: Open Space Types.

This table shows the various outdoor areas permanently dedicated for public use in the MxVOD, mixed-use village overlay district.

Expand

OPEN SPACE TYPE
NATURAL AREA	PARK	POCKET PARK	SQUARE

 

(i)

Specific lot and building regulations for tier one. These lot and building regulations are specific to all project proposals in tier one:

(1)

Lot standards. In addition to the general specifications shown in Section 8-7-67(h)(1), specific lot standards shall be as follows for tier one:

a.

One principal building, and one accessory building to the rear of the principal building may be built on each lot.

b.

Except for a home occupation as an accessory to a detached single-family house, each principal building shall otherwise be designed to accommodate residential or commercial use, but not both, as prescribed in this section.

(2)

Finished floor area. The finished floor area for all buildings in tier one shall be subject to the limits as follows:

a.

The minimum finished floor area for a detached single-family house shall be 1,800 square feet.

b.

The minimum finished floor area for each nonresidential use shall be 1,000 square feet.

c.

The maximum finished floor area for each principal building in commercial use shall be 2,500 square feet.

d.

The finished floor area for accessory buildings shall not exceed the requirements shown in Section 8-7-91, accessory use standards, for the RS-14, residential single-family district.

(3)

Building height. The various elements of building height in tier one shall be as follows:

a.

The minimum height of a principal building shall be a single story and 18 feet.

b.

The maximum height of a principal building shall be no more than three stories and 45 feet.

c.

The maximum height of an accessory building shall be no more than two stories and 30 feet.

(4)

Density calculations. For purposes of calculating density in tier one:

a.

The density for residential uses shall not exceed four dwelling units per net acre.

b.

There are no density requirements for commercial use, except as required in Section 8-7-67(i)(2)b-c.

(5)

Principal use standards. In addition to the general specifications shown in Section 8-7-67(h)(2), specific standards for principal uses in tier one shall be as follows:

a.

Detached single-family houses are restricted to lots fronting local streets only.

b.

Permitted commercial uses are restricted to lots fronting arterial or collector streets only.

c.

Permitted commercial uses other than office use shall be restricted to the first story.

d.

Food service establishments shall provide seating for no more than 40 patrons at one time.

(6)

Signage standards.

a.

There shall be no signage in tier one permitted additional to that specified in Section 8-7-67(i)(6) for commercial uses:

1.

One primary ground sign not to exceed six feet in height is permitted for each lot. Except for the sign face only, primary ground signs shall be constructed of a brick, indigenous rock and natural stone. Primary ground signs may be double-sided, but no single sign face shall exceed 15 square feet.

2.

One wall sign not to exceed three feet in height, may be applied to the building façade of each building at the first story.

3.

One window sign for each first story business, no more than five square feet, may be installed within the interior in neon tubing or applied directly to the glazing. First story businesses on corner lots may install one window sign per frontage. Opaque signs are prohibited.

4.

One blade sign for each first story business with a principal pedestrian entrance not to exceed four square feet, may be permanently installed perpendicular to the building façade. Blade signs shall be of metal or wood material, and clear eight feet above the sidewalk. First story businesses on corner lots may install one blade sign per frontage.

5.

Signage shall be externally illuminated, except that signage within a first story window may be neon lit. External lighting used to illuminate primary ground signs shall be shielded from direct view to reduce glare. External lighting used to illuminate all other signs shall also be shielded from direct view to reduce glare, and designed to focus light downward and onto the sign.

6.

No lot in commercial use shall be permitted more than 45 square feet of total signage.

b.

Except where limited elsewhere in Section 8-7-67(i)(6) for commercial use, all signage in tier one shall otherwise conform to the provisions for signs in residential districts as shown in Chapter 5 of this title.

(7)

Exterior lighting standards.

a.

Exterior lighting in tier one shall conform to the provisions for exterior lighting for the RS-14, residential single-family district, as recorded in Section 8-7-86.1, design standards for exterior lighting.

(8)

Parking standards.

a.

Except where limited elsewhere in this section for commercial uses, the number of parking places provided shall be according to the provisions for parking in Section 8-7-93, off-street parking and loading standards.

b.

Parking areas for detached single-family houses may be provided in the front, rear or side yards.

c.

Parking areas for all other nonresidential uses shall be provided within the rear or side yards only, and masked from all abutting lots and frontage lines with an earthen berm covered in grass and three feet tall. Evergreen hedges, flowers, rock outcroppings and/or similar natural landscaping no less than 24 inches tall at the time of planting shall be placed/planted on top of the earthen berm to mask parking areas from view. The earthen berm and its landscaping shall remain continuous, except for approved openings no larger than necessary for automobile and pedestrian access.

d.

Parking areas shall be accessed by rear alleys where such are available.

e.

Specific to residential use:

1.

Garages may be front-entry, side-entry or rear-entry types.

2.

Garages shall provide covering for at least two parking spaces, located side-by-side.

3.

Garages shall have carriage style doors where visible from the frontage line.

4.

Garage doors facing a frontage line shall be a maximum of ten feet in width.

f.

Specific to commercial use:

1.

One parking place shall be provided for 500 square feet of finished floor area.

g.

The provision of parking shall otherwise conform to the provisions shown in Section 8-7-93, off-street parking and loading standards.

(9)

Prohibitions. The following uses are prohibited in tier one:

a.

Any principal use not permitted by-right or by approval of a special use permit on Table 2.

b.

Any accessory use not shown in Section 8-7-67(h)(3).

c.

Drive-through facility.

d.

Outdoor storage.

(j)

Specific lot and building regulations for tier two. These lot and building regulations are specific to all project proposals in tier two:

(1)

Building height. The various elements of building height shall be as follows for tier two:

a.

The minimum height of a principal building shall be a single story and 18 feet.

b.

The maximum height of a principal building shall be no more than four stories and 60 feet.

(2)

Finished floor area. The finished floor area for all buildings in tier two shall be subject to the limits as follows:

a.

The minimum finished floor area for each principal use shall be 1,000 square feet.

(3)

Principal use standards. In addition to the general specifications shown in Section 8-7-67(h)(2), specific standards for principal uses in tier two shall be as follows:

a.

Permitted commercial uses other than office use shall be restricted to the first story.

b.

Drive-through facilities shall be placed to the rear of principal buildings.

c.

Repair and service bays:

1.

Garage/overhead doors for such facilities facing or open onto any street shall include glazing no less than eighty-five (85) percent for each garage/overhead door.

2.

No such facilities shall have direct access from any arterial street.

d.

Floor covering stores:

1.

All floor covering stores shall be restricted to lots fronting State Highway 20 and/or State Highway 138, or any portions thereof.

2.

No floor covering store shall exceed 10,000 square feet of gross leasable floor area.

(4)

Density calculations. For purposes of calculating density in tier two:

a.

The density for nonresidential uses shall not exceed 15,000 square feet of finished floor area per net acre.

(5)

Signage standards. Signage in tier two shall also be subject to the requirements as follows:

a.

Specific to primary ground signs:

1.

One primary ground sign not to exceed 12 feet in height shall be permitted for each development entrance. Except for the sign face only, all primary ground signs shall be constructed of brick, indigenous rock and natural stone material. Primary ground signs may be double-sided, but no sign face shall exceed 100 square feet in area.

2.

Primary ground signs shall otherwise maintain an aesthetic character consistent with that shown in Exhibit B-2.

3.

No lot shall be permitted more than one primary ground sign per street frontage.

b.

Except where limited elsewhere in Section 8-7-67(j)(5), all signage in tier two shall otherwise conform to the provisions for signs in nonresidential districts as shown in Chapter 5 of this title.

(6)

Exterior lighting standards.

a.

Exterior lighting in tier two shall conform to the provisions for exterior lighting for the BG, general business district, as recorded in Section 8-7-86.1, design standards for exterior lighting.

(7)

Parking standards.

a.

The number of parking places provided for all uses shall be according to the provisions for parking in Section 8-7-93, off-street parking and loading standards.

b.

Parking areas may be provided in the front, rear or side yards; but no more than 50 percent of the required parking shall be provided within the front yard.

c.

Parking areas shall be masked from all abutting lots and frontage lines with an earthen berm covered in grass and three feet tall. Evergreen hedges, flowers, rock outcroppings and/or similar natural landscaping no less than 24 inches tall at the time of planting shall be placed/planted on top of the earthen berm to mask parking areas from view. The earthen berm and its landscaping shall remain continuous, except for openings no larger than necessary for automobile and pedestrian access.

d.

The provision of parking shall otherwise conform to the provisions shown in Section 8-7-93, off-street parking and loading standards.

(8)

Prohibitions. The following uses are prohibited in tier two:

a.

Any principal use not permitted by-right or by approval of a special use permit on Table 2.

b.

Any accessory use not shown in Section 8-7-67(h)(3).

c.

Outdoor storage.

(k)

Property owners' association. All project proposals occurring on five or more acres shall establish a property owners' association. Membership within the property owners' association shall be mandatory for all owners, and their successors in interest. The documents establishing the property owners' association shall be recorded with the Clerk of the Superior Court of Rockdale County, and shall also be submitted to the City prior to the issuance of any certificate of occupancy. The property owners' association, at a minimum, shall be responsible for the maintenance of common areas and open space as follows:

(1)

Common areas. The mandatory property owners' association shall be responsible for the maintenance of all common areas, to include the following:

a.

Alleys;

b.

Amenity areas;

c.

Buffers;

d.

Fencing;

e.

Freestanding walls;

f.

Landscaping; and

g.

Parking areas.

(2)

Open space. The mandatory property owners' association shall be responsible for the maintenance of all required open space. The instrument for the permanent protection of all required open space shall incorporate restrictions on the uses of open space that are contained herein, as well as any further restrictions found necessary by the City Manager or his/her designee to provide for the adequate long-term protection of open space consistent with the intent of this section. All required open space shall be permanently protected in accordance with one of the following legal mechanisms:

a.

A permanent conservation easement that is in favor of one of the following; if the entity accepting the easement is not the City, then a third party right of enforcement in favor of the City shall be included in the easement:

1.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence, and the conveyance of such instruments shall contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions.

2.

A governmental entity with an interest in pursuing the goals compatible with the purpose and intent of this chapter.

b.

As set forth in O.C.G.A. § 44-5-60(c), as amended, a permanent or restrictive covenant for conservation purposes in favor of a governmental entity.

c.

An equivalent legal tool that provides for permanent protection and is approved by the City Attorney.

(l)

Architectural standards. These architectural standards are intended so all new buildings are visually harmonious with each other and within the language of the traditional architecture of the community. All construction within the MxVOD, mixed-use village overlay district, shall be subject to the physical requirements as follows:

(1)

Principal buildings shall be disposed on their lots so that the principal pedestrian entrance faces the street.

(2)

Principal building façades shall be modulated at intervals no more than 40 feet in length when facing a frontage line.

(3)

Exposed foundations are prohibited, except that patios and porches with floors of natural wood planks, or synthetic material having the appearance of natural wood, may be supported by piers of brick, indigenous rock, manufactured stone or natural stone materials no less than 12 inches by 12 inches in cross-section. Otherwise, foundations shall be constructed of a brick, indigenous rock, manufactured stone, or natural stone materials, or if another type of structural material is used, then the foundation shall be faced with a brick, indigenous rock, manufactured stone or natural stone materials no less than three-and-a-half (3½) inches in depth. All such foundations shall also extend vertically from finished grade to the level of the first finished floor on each building façade. Architectural provisions for foundations do not apply to slab construction.

(4)

Exterior entry steps to pedestrian entries, patios, porches and stoops shall have enclosed risers made of a brick, concrete, indigenous rock, manufactured stone, natural stone or wood material where facing a frontage line.

(5)

Except for doors and windows only, the exterior finish material on all building façades shall be limited to modular units of fired clay brick, cementitious board (fiber cement board panels and planks), indigenous rock, manufactured stone, natural stone, natural wood shake, natural wood shingles and/or natural wood siding. In tier two only, Portland cement plaster and lathe systems (stucco) with three traditional coats, a smooth-sand finish, and all control joints concealed, may be used as an accent exterior finish material.

a.

Portland cement plaster and lathe systems (stucco) shall not exceed ten percent of the total building wall area, with each building façade being calculated independently.

(6)

Exterior finish material may be combined on each building façade only horizontally, with the heavier material below the lighter.

(7)

The exterior walls of buildings shall be cream, ivory, white, or painted or stained with colors selected from earth tones of brown, gray, red or red-brown, except that accents and board trim around corners and openings may be any color at any saturation, excluding fluorescent or neon.

(8)

Rear and side building façades shall be of the same exterior finish material, construction quality and color as the front building façade.

(9)

Mechanical elements including, but not limited to, air conditioning units, communications equipment, condensers, exhaust vents, generators, HVAC mechanical systems and the like shall not be attached to or mounted on any building façade. Rather, all mechanical elements shall be located within the rear yard, and appropriately masked from abutting lots, frontage lines and parking areas with a continuous row of evergreen hedges or freestanding wall constructed of or faced with a brick, indigenous rock, manufactured stone or natural stone material matching the adjacent building façade.

(10)

Utilities including, but not limited to, cable boxes, electric meters, gas meters, telephone boxes, water meters and the like are not permitted on building façades facing a frontage line.

(11)

Where facing frontage lines or parking areas, balconies, patios and porches shall be open to the air; and shall not be enclosed with glass, mesh, screen wire, wood sash or similar material.

(12)

Balcony, patio and porch floors shall be of concrete slab, indigenous rock, manufactured stone, natural stone or wood planks where facing frontage lines.

(13)

Door and window glass along frontage lines shall transmit at least 60 percent of visible daylight.

(14)

Mirrored, opaque and translucent door and window glass is prohibited along frontage lines.

(15)

Burglar bars on doors and windows facing frontage lines are prohibited.

(16)

Security grilles and security screens, if provided, shall be of the mesh type that pedestrians can see through from the frontage line (i.e., permit view of the spaces within when closed) and located on the inside of the glassed area. In addition:

a.

At least 75 percent of the total area of the security grille or security screen shall be transparent, with or without internal illumination.

b.

All security grilles and security screens shall be fully retracted during business hours.

c.

All security grille and security screen housing and shield systems shall be located indoors, and be invisible from the building exterior on all sides.

(17)

Doors and windows that span more than one story are prohibited along frontage lines.

(18)

Doors and windows above the first story shall be directly centered above doors and windows on the first story along frontage lines.

(19)

Bay windows shall extend to the floor inside, and to the ground outside, or be visibly supported by structural brackets constructed of a wood material.

(20)

Roofs:

a.

Pitched roofs.

1.

Principal pitched roofs shall be a symmetrical gable or hip angled no less than 6:12.

2.

Ancillary pitched roofs shall be sheds angled no less than 2:12.

3.

Pitched roofs shall be clad in asphalt shingles, natural cedar shakes, natural slate or standing seam metal.

4.

Roof penetrations, including vent stacks, shall not be on the front roof slope, and shall match the color of the pitched roof.

5.

The colors of all pitched roofs shall be black, brown, gray and warm gray.

b.

Flat roofs. Flat roofs shall be enclosed by parapets of solid construction at least 24 inches in height on each building façade. If mechanical elements are placed on top of the flat roof including, but not limited to, air conditioning units, communications equipment, condensers, exhaust vents, generators, HVAC mechanical systems and the like, then the height of the parapet shall be raised to a point that is at least 12 inches taller than the tallest mechanical element in order to conceal such mechanical elements from view on each building façade.

(21)

Specific to detached single-family houses:

a.

Developments involving the construction of between one and five single-family dwellings shall provide an adequate number of front building elevation variations to ensure that in no instance shall the same two front elevations be used immediately adjacent to or directly across the street from one another. Developments of six or more single-family dwellings shall provide at least six different front building elevations, and in no instance shall the same two front elevations be used immediately adjacent to or directly across the street from one another. In either situation front elevations shall be substantially differentiated with regard to architectural style, exterior materials, color, and architectural elements. Mirrored or reversed front elevations shall not be considered adequate to fulfill this requirement.

b.

A patio or porch no less than eight feet deep and 100 square feet in area shall be attached to the front building façade of each detached single-family house, and located in proximity to the principal pedestrian entrance. Patios or porches shall be covered with symmetrically pitched roof structures supported by columns of pre-cast concrete material or, if not, posts of indigenous rock, manufactured stone and/or natural wood material.

c.

A deck no less than 50 square feet in area, shall be attached to the rear building façade of each detached single-family house. The deck shall be invisible from the frontage line.

d.

All chimneys attached to the exterior of any building façade shall extend to the ground. All chimneys shall have a projecting cap to conceal spark arresters. Chimneys shall be clad in a brick, indigenous rock, manufactured stone or natural stone material matching the adjacent building façade.

e.

The total building wall area of the front building façade shall be no less than 15 percent and no more than 40 percent glazed with glass.

f.

Detached single-family houses shall have pitched roofs.

(22)

Specific to principal buildings fronting on local streets:

a.

The principal pedestrian entrance shall be located at sidewalk grade.

b.

The front building façade shall be glazed in glass no less than 30 percent, and no more than 60 percent of the first story between 24 inches to 12 feet above the sidewalk.

c.

First story windows shall rest on non-glass knee walls no less than 18 inches and no more than 36 inches high where facing a frontage line or parking area.

d.

Windows above the first story shall not exceed 60 percent of the total building wall area, with each story being calculated independently.

e.

Principal buildings shall have pitched roofs.

(23)

Specific to principal buildings fronting on arterial and collector streets:

a.

The principal pedestrian entrance shall be located at sidewalk grade.

b.

The front building façade for retail use shall be detailed as storefronts, and glazed in glass no less than 60 percent, and no more than 90 percent of the first story between 24 inches to 12 feet above the sidewalk.

c.

The front building façade for all other uses shall be glazed in glass no less than 30 percent, and no more than 60 percent of the first story between 24 inches to 12 feet above the sidewalk.

d.

First story windows shall rest on non-glass knee walls no less than 18 inches and no more than 36 inches high where facing a frontage line, parking area or open space.

e.

Windows above the first story shall not exceed 60 percent of the total building wall area, with each story being calculated independently.

f.

Principal buildings may have pitched roofs, or flat roofs enclosed by parapets.

(m)

Screening standards.

(1)

Loading docks and service areas. Loading dock and service areas, which are those areas with loading, machinery, parking, overhead doors, transformers and the like, are prohibited along all frontage lines. All loading docks and service areas shall be placed to the rear of buildings in locations that are visually unobtrusive, and screened by landscaping and/or freestanding walls constructed of a brick, indigenous rock, manufactured stone or natural stone material matching the adjacent building façade. All screening shall be of an appropriate height, in order to prevent direct views of loading docks and service areas, as well as their driveways, from abutting lots, frontage lines and parking areas.

(2)

Mechanical elements. Mechanical elements including, but are not limited to, air conditioning units, communications equipment, condensers, exhaust vents, generators, HVAC mechanical systems and the like shall be screened from all abutting lots, frontage lines and parking areas with a continuous row of dense evergreen hedges or a freestanding wall constructed of a brick, indigenous rock, manufactured stone or natural stone material matching the adjacent building façade. All screening shall be of an appropriate height to prevent direct view of any mechanical elements. In addition, mechanical elements may be placed on top of flat roofs, provided that the height of the required parapet enclosing the flat roof is raised to a point that is at least 12 inches higher than the tallest mechanical element, in accordance with Section 8-7-67(l)(19)b.

(3)

Underground utilities. All utilities shall run underground. The City Manager or his/her designee may approve an exception to this provision if subsurface rock or other unique physical hardship makes such installation infeasible. If an exception is approved by the City Manager, or his/her designee, then all utilities shall be located within the rear yard only.

(n)

Landscaping standards.

(1)

On-site lakes, ponds, reservoirs and other similar bodies of water, and riparian corridors, shall remain exposed and open to the sky, undisturbed by intrusive human activity, and preserved as an integrated landscape feature.

(2)

Naturally occurring rock outcroppings and the like shall be preserved as integrated landscape features.

(3)

No disturbed ground shall be left exposed. All exposed ground shall be covered with grasses, shrubs and trees.

(4)

Retaining walls shall be faced with a brick, indigenous rock or natural stone material matching the adjacent building façade. Retaining walls greater than four feet high shall be supplemented with dense evergreen plantings.

(5)

Stormwater detention and retention ponds shall be integrated landscape features, rather than single-purpose flood control and stormwater management ponds.

(6)

Stormwater detention and retention ponds shall be planted with appropriate grasses, shrubs and trees. Plants in basin areas prone to submersion shall be hydrophilic.

(7)

In the event stormwater detention and retention ponds cannot be integrated landscape features, then all such stormwater detention and retention ponds shall be located within the rear yard only, and masked from abutting lots, frontage lines and parking areas. With the exception of entrances only, all stormwater detention and retention ponds shall be appropriately screened with a freestanding wall at least four feet high, and constructed of an indigenous rock or natural stone material matching the adjacent building façade. The freestanding wall may be replaced by a vinyl chain-link fence painted black, also at least four feet high, and completely surrounded by dense evergreen hedges and/or trees at least four feet tall at the time of planting that effectively masks the vinyl chain-link fence and stormwater detention or retention pond from direct view.

(8)

Except where required elsewhere in this section to screen loading docks, service areas and other places that are unsightly from view, or to create an aesthetic transition between different uses, buffers are not required between property lines internal or external to the MxVOD, mixed-use village overlay district, except that a minimum 25-foot wide buffer shall be required when the MxVOD abuts the following districts:

a.

R-A, residential-agriculture district.

b.

RS-20, residential single-family district.

c.

RS-14, residential single-family district.

(9)

All required buffers shall otherwise be designed in accordance with Section 8-7-95, landscape and buffering.

(Code 1990. § 8-7-67; Ord. No. 699, 10-20-2004; Ord. No. 707, 6-15-2005; Ord. No. 960, § 1, 4-16-2014; Ord. No. 971, § 4, 9-17-2014; Ord. No. 1000, § 49, 11-18-2015; Ord. No. 1008, § 2, 4-20-2016; Ord. No. 1023, § 4, 7-20-2016; Ord. No. 1075, § 2, 6-21-2017; Ord. No. 1081, § 9, 7-19-2017; Ord. No. 1101, § 1, 11-15-2017; Ord. No. 1109, § 5, 1-17-2018; Ord. No. 1157, § 1, 12-19-2018; Ord. No. 1164, §§ 1, 2, 5-15-2019)

Editor's note— Section 4 of Ord. No. 970, repealed former § 8-7-68, which pertained to the Olde Town Overlay District, and derived from the 1990 Code, § 8-7-68; Ord. No. 744, adopted Dec. 20, 2006; and Ord. No. 766, adopted Jan. 16, 2008. See § 8-7-41, D, Downtown District.