Cumming City Zoning Code

    1.   Purpose. The landscaping and buffer requirement specified herein are intended to foster aesthetically pleasing development which will preserve, protect, and enhance the appearance, character, general health, safety and welfare of the citizens of the community. Through this section the following objectives will be achieved:

      A.   Promotion of responsible land use and development;

      B.   Mitigation of the negative environmental consequences of development including noise, heat transfer, glare, erosion, sedimentation, and stormwater runoff;

      C.   Protection, conservation, and regeneration of natural and renewable resources;

      D.   Enhancement of our community’s environmental and visual character;

      E.   Safeguarding and enhancement of property values and protection of public and private investment;

      F.   Screening between and buffering of incompatible land uses and undesirable views; and

      G.   Promotion of the retaining of natural and creation of manmade landscapes that encourage the natural percolation and filtration of water and the recharge of aquifers.

   2.   Definitions. For the purposes of this section, the following words are defined and interpreted.

      A.   American Standards for Nursery Stock (ANSI): Provides a common terminology and standards for (a) measuring plants, (b) specifying and stating the size of plants, (c) determining the proper relationship between height and caliper, or height and width, and (d) determining whether a root ball or container is large enough for a particular size plant.

      B.   Berm: A mound of earth, either natural or manmade, designed and used to provide visual interest and/or aid in the buffering or screening of undesirable uses or views.

      C.   Buffer: A combination of horizontal space (land) and vertical elements (plants, berms, fences, walls) used to physically separate and partially or wholly screen views of incompatible adjacent land uses or undesirable features.

      D.   Buffer intensity: Means that buffers are intended to soften rather than block views, to obscure or block view where privacy is desired, and to mitigate both views and noise.

      E.   Buffer fence or wall: It shall be a maximum of six feet in height, opaque, and constructed of treated wood when ground contact is required, cedar, redwood, polyvinyl chloride (PVC), ornamental steel, aluminum, vinyl coated chain link, concrete, stone, brick or other approved materials. Posts are to be anchored appropriately for material used, and designed to support fence height.

         (1)   For visual and noise buffer, acoustically designed walls shall be a maximum of six feet in height, opaque, and designed by a registered architect or engineer.

         (2)   Chain link fence may exist for security purposes, but is not considered a part of the landscape screening to satisfy the intent of this requirement.

      F.   Building street wall: A building wall that is more or less parallel to an adjacent public street. Such building wall line shall follow and include irregular indentations or juxtapositions in the building, excluding steps and unenclosed porches.

      G.   Caliper: Trunk diameter measurement taken six inches (6”) above the ground for trees up to and including four inches (4”) in diameter, measured twelve inches (12”) above the ground for trees ranging between four (4”) and twelve inches (12”) in diameter, and measured four and one-half feet (4 ½’) above the ground for trees over twelve inches (12”) in diameter.

      H.   Deciduous: means woody plants that lose their leaves annually.

      I.   Deciduous tree, overstory: A plant with one vertical stem or main trunk that generally begins branching at a heigh of six feet (6’), which has an elevated and distinct crown, and which reaches a mature height of at least thirty feet (30’).

      J.   Deciduous tree, understory: A plant with one or more stems or trunks which has an elevated and distinct crown and which reaches a mature height of less than thirty feet (30’). Understory trees are usually planted for aesthetic reasons such as flowers, interesting bark, or colorful fall foliage. Smaller understory trees may be suitable for planting under overhead utility lines.

      K.   Diameter at breast height (DBH): The tree trunk diameter measured in inches at a height of four and one-half feet (4 ½’) above the ground.

      L.   Evergreen/conifer: A cone bearing seed plant that retains its foliage year-round. Evergreens are good for screening purposes and providing year-round color and substance to the landscape.

      M.   Foundation planting: Plants placed in near proximity to the foundation of a building. Usually arranged within planting beds.

      N.   Ground cover: A plant other than turf grasses which grows more horizontally than vertically. Ground covers are an alternative to turf grasses and may provide erosion control on slopes.

      O.   Landscape island/pod: An unpaved area located within or adjacent to a parking lot and used to guide traffic, separate lanes, and provide protection to parked vehicles and to pedestrians. Landscaped islands are used to promote green space within parking areas by providing trees, shrubs, and ground covers.

      P.   Modification, major: A change to the structure of more than 60% of the assessed value.

      Q.   Modification, minor: A change to the structure of less than 60% of the assessed value.

      R.   Mulch: A protective layer of materials, either organic or inorganic, placed around plants to prevent erosion, aid in soil moisture retention, prevent freezing of roots, and control weeds thus providing an environment suitable for growth of selected vegetation.

      S.   Open space: That portion of the lot which is free of buildings, parking lots or other vehicle use areas.

      T.   Screening: Vegetation, walls, fencing, or berms used individually or in combination to obstruct or conceal views of undesirable elements.

      U.   Shrub: A woody plant that is smaller than a tree and has several main stems arising at or near the ground.

      V.   Streetscape: Combination of vegetation or other special visual features along either side of vehicular travel lanes for purposes of aesthetics or environmental mitigation.

      W.   Vegetation: Living plant material including trees, shrubs, grasses, and flowers.

      X.   Zoning Administrator: The administrative officer (may be the building inspector) designated or appointed by the City to administer and enforce the regulations contained in this ordinance

   3.   Applicability. These regulations apply to all new development or redevelopment of land including expansions or major modifications of an existing development on any parcel of land located within the corporate limits of the City, or outside the corporate limits of the City as provided by law

      .A.   The requirements herein shall not apply to:

         (1)   Existing detached single-family structures;

         (2)   Structures and sites existing at the effective date of this Code that do not undergo a land use change or major modification;

         (3)   Reconstruction of existing structures suffering less than sixty percent (60%) loss of the total value by destruction from natural or unnatural causes;

         (4)   Proposed structures that have received development approval prior to the effective date of this section.

      B.   The requirements here do apply to:

         (1)   All new nonresidential structures;

         (2)   All new single-family structures;

         (3)   All new multi-family and single-family attached dwellings;

         (4)   Major modifications to structures or sites;

         (5)   All subdivision plats where buffers are required;

         (6)   Minor modifications except that the requirements of this section shall only apply to the area of the site impacted by the minor modification.

      C.   Phased projects shall implement the required landscaping for that portion of the site being implemented or phased, except for buffers required of single-family detached residential developments. Said buffers shall be installed in their entirety in conjunction with the associated final platting of the parcel. Fulfillment of any missing or replacement of dead landscaping in any portion of the site will be required to be implemented when the last area is phased or complete site build out is achieved.

   4.   Preparation of the Landscape Plan.

      A.   Landscape plans shall be required to be prepared by a state licensed landscape architect, certified nurseryman, or other qualified professional knowledgeable in plant materials as acceptable to the Zoning Administrator. Said requirements are to ensure the long-term viability of plant materials chosen and to ensure landscape plans fulfill the desired outcomes described above.

   5.   Approval Process.

      A.   Landscape plans are required to be submitted for review as part of the development application process as denoted in Chapter 165.48 Site Plan Requirements. Landscape plans shall be approved by the City Council following the recommendation of the Planning and Zoning Commission except for landscape plans associated with permitted conditional use or variance requests which shall be approved by the Board of Adjustment. Landscape plans associated with minor modification requests may be reviewed and approved administratively provided no reduction to the standards presented herein is proposed.

      B.   No building permit shall be issued or any development, master, or subdivision plan or plat be recommended for approval without compliance with all provisions and requirements set forth in this section.

      C.   Lack of compliance with this section may result in the withholding or revocation of a building permit or certificate of occupancy.

      D.   Prior to final plat approval for any single-family detached residential plats and prior to the issuance of a final occupancy permit for any buildings or structures, the Zoning Administrator shall inspect installed landscaping for compliance with the approved landscaping plan. Said final plat approval shall not be given nor shall a final occupancy permit be issued if landscaping is not in accordance with the approved plan or if landscape materials are dead, unhealthy, or demonstrate lack of proper maintenance. Landscaping must be installed by November 1 to be counted as fulfilling landscaping requirements. A temporary occupancy permit may be issued to projects ready for occupancy after November 1 with provision of surety as stated below with expiration of the permit being May 31 of the following calendar year to allow the developer time to bring the landscaping into compliance with approved development plans. If a developer desires to receive final plat approval for any single-family detached residential plat prior to installation of landscaping or a builder or property owner desires to receive a temporary occupancy permit prior to the installation of landscaping then the developer, builder, or property owner shall be required to provide to the City surety in an amount one and one-half (1 ½) times the cost of landscaping installation. Failure to complete required landscaping by May 31 following receipt of final plat approval or of a temporary occupancy permit may result in forfeiture of surety provided and/or revocation of the final plat approval or temporary occupancy permit.

   6.   Landscape and Buffer Provisions.

      A.   General Landscape Provisions.

         (1)   Requirements for Single-Family Residential.

            a.   One (1) over-story tree shall be required per 5000 sq. feet up to 20,000 sq. feet – with a minimum of two (2).

            b.   Two (2) shrubs shall be required per 5,000 sq. feet up to 20,000 sq. feet – with a minimum of four (4).

         (2)   Requirements for All Other Uses.

            a.   Two (2) trees and three (3) shrubs shall be required per three thousand (3,000) square feet – with a minimum of two (2) trees and six (6) shrubs.

            b.   Of the required trees, fifty percent (50%) of the trees must be of an overstory or evergreen variety unless otherwise done for design intent and specifically approved by the appropriate reviewing body.

            c.   Additional landscaped beds, ground covers, and ornamental grasses may be provided but are not required.

            d.   This shall be in addition to any landscaping required for off street parking areas, buffer areas, or screening.

         (3)   Harmonious with Existing Environment. Landscape plans shall be harmonious with the existing environment and architectural design and shall demonstrate a recognizable pattern or theme through the choice and location of materials for the overall development of the project.

         (4)   Easements. Overstory trees and large upright evergreen trees shall not be planted within public utility easements. Understory trees, shrubs, and ground covers are permissible within said easements except that a corridor wide enough for truck access to utility lines must be preserved through the easement. Whenever possible, buffers should not overlap utility easements.

         (5)   Existing Vegetation and Natural Features. Existing significant and worthwhile vegetation and natural features such as land forms shall be preserved and incorporated into development to the greatest extent possible.

            a.   At the discretion of the Planning and Zoning Commission, credit for the preservation of existing vegetation and natural land forms may be given toward fulfilling the planting requirements of this section. Credit for said preservation must be requested at the time of development application and all such vegetation to be preserved must be clearly identified on the landscape plan. Vegetation must be of a desirable variety and in an overall healthy condition and form to be considered suitable for preservation.

            b.   Credit for preservation of vegetation may only be given for required landscaping in the area of the vegetation being preserved. For example, vegetation in the middle of a site could be counted towards open space landscaping requirements but would not be counted towards fulfilling buffering requirements.

         (6)   Pedestrian Linkage. Whenever possible, pedestrian linkages shall be provided to public open spaces and/or the City trail system.

         (7)   Visibility at Street Intersections. Landscaping, berms, walls and fences shall not obstruct pedestrian, bicycle or vehicular traffic visibility at street intersections or access points to/from streets.

         (8)   Minimum Vegetation Requirements. Minimum vegetation requirements for one category or landscaping purpose are in addition to another.

         (9)   Landscaped Areas. All areas of a site not intended for buildings, permanent water bodies, or paved surfaces for off street parking areas, sidewalks, or pedestrian trails shall be vegetated.

            a.   Vegetation shall be of turf or plants. Tuft shall be of a species suitable to the area. All vegetation, including turf, must be well established and healthy at the time of inspection by the Zoning Administrator in order to receive a final occupancy permit.

            b.   Areas around permanent water bodies, including stormwater detention facilities shall not become unkempt and unmaintained areas. Such areas shall be treated with appropriate landscaping to enhance their presence. In addition, measures such as the use of jets to move the water shall be implemented to aid in preventing the buildup of algae on the water surface.

            c.   A three-inch (3”) thickness of mulch material shall be installed around all plants. The implementation of mulch shall be limited to planting beds and the area immediately around base of trees and shrubs as allowed below. Organic mulch materials such as fibrous wood is preferred over inorganic mulches. Large expanses of mulched areas without plants are not acceptable. The mulching of plants shall adhere to the following guidelines:

               i.   Deciduous trees shall have a ring of mulch up to a distance of twenty-four inches (24”) beyond the trunk.

               ii.   Evergreen trees shall have a ring of mulch up to a distance of twelve inches (12”) beyond the widest spreading branches of the plant.

               iii.   Shrubs shall have a ring of mulch up to a distance of eight inches (8”) beyond the widest spreading branches of the plant.

               iv.   Areas with ground covers and/or planting beds shall be mulched until such time that the plants have grown together to completely cover any bare soil.

               v.   When possible, plants within lawn areas should be grouped and mulched as one bed for ease of mowing.

         (10)   Mulch Materials. More extensive use of mulch materials for design intent may be allowed with the specific approval of the Planning and Zoning Commission or Board of Adjustment as applicable. All use or organic or inorganic mulch materials shall be shown and identified on the landscape plan.

      B.   Vegetation. The use and incorporation of plant materials shall adhere to the following guidelines, standards, and design principles:

         (1)   Vegetation should be located to simulate nature with groupings and massing rather than linear or symmetrical lines unless such lines are for intentional design intent.

         (2)   Plant size at maturity should dictate spacing, however, spacing may be altered for design intent provided care is given not to overcrowd plants.

         (3)   All plants shall be commercially grown and shall meet all requirements set forth by the current edition of the “American Standards for Nursery Stock” (ANSI).

         (4)   As much as possible, plant materials that are native or adaptable to local climactic and moisture conditions should be implemented.

         (5)   For visual interest and to limit the spread of disease or insects, multiple plant species and genus shall be used. Unless otherwise specifically allowed by the appropriate approval body for design intent, each type of vegetation (deciduous overstory, deciduous understory, evergreen, shrubs, etc.) required shall be comprised of a minimum of three (3) varieties to limit the spread of disease or insects and prevent the total loss of a vegetation type within a site.

         (6)   Trees shall not be planted in any space with less than five feet (5’) clearance in any direction with the exception of trees planted in tree wells in paved areas and specifically designed for such purpose.

         (7)   Trees shall not be planted within six feet (6’) to the back of curb of any vehicle travel lane or four feet (4’) to any paved area, including sidewalks and trails.

         (8)   No plants other than ground covers or perennials with a maximum height of fifteen inches (15”) shall be planted within five feet (5’) of fire hydrants. Fire hydrants shall be shown on the landscape plan.

         (9)   No plants other than ground covers or perennials with a maximum height of fifteen inches (15”) shall be planted within five feet (5’) of Fire Department connections. Fire Department connections shall be shown on the landscape plan.

         (10)   Trees that will overhang pedestrian areas shall be pruned to provide a minimum clear height of eight feet (8’).

         (11)   Trees that will overhang vehicle travel areas shall be pruned to provide a minimum clear height of fifteen feet (15’).

         (12)   The following minimum plant sizes and dimensions are required at the time of planting:

            a.   Deciduous overstory trees shall have a minimum trunk diameter of two inches (2”) measured six inches (6”) above the root collar and shall have a minimum five feet (5’) of clear trunk. Clump varieties (2 or more stems) are allowed and each stem shall measure a minimum diameter of two inches (2”).

            b.   Deciduous understory trees shall have a minimum trunk diameter of one and one-half inches (1 ½”) measured at six inches (6”) above the root collar and shall have a minimum three and one-half foot (3 ½’) clear trunk. Clump varieties (2 or more stems) are allowed and each stem shall measure a minimum diameter of one inch (1”).

            c.   Deciduous shrubs that reach a mature height greater than five feet (5’) shall be installed at a minimum of three feet (3’) in height.

            d.   Deciduous shrubs that reach a mature height between three (3’) and five feet (5’) shall be installed at a minimum of two feet (2’) in height.

            e.   Deciduous shrubs that reach a mature height of less than three feet (3’) shall be installed at a minimum height of fifteen inches (15”).

            f.   Evergreen trees shall be installed at a minimum height of six feet (6’).

            g.   Evergreen shrubs shall be installed at a minimum height of two feet (2’).

            h.   Evergreen ground covers (mat evergreens) shall measure a minimum spread of fifteen inches (15”).

            i.   Climbing vines and ornamental grasses shall have been grown in a quart container for a minimum of one year.

            j.   Ground covers and perennials shall be a minimum of a four-inch (4”) container, #SP4, round or square.

            k.   Annuals may be as “plug” or “pack.”

      C.   Berms. Berms shall adhere to the following guidelines, standards, and design principles:

         (1)   Berms shall be designed in an undulating manner so as to give the appearance of being naturally formed unless non-undulating forms are for intentional design intent and approved by the appropriate reviewing body.

         (2)   Berms shall not have a negative impact on stormwater management for a development or the surrounding area. The requirement for stormwater management does not negate the requirement for berms.

         (3)   Berms required for screening purposes shall be an average of three feet (3’) in height and may be required to be higher if berm height and associated landscaping is deemed to not be sufficient to adequately provide required screening.

         (4)   Berms shall have a slope no greater than three to one (3:1).

         (5)   Berms shall be planted with permanent ground cover (turf or other plants) to stabilize the slope and prevent erosion. Rocking of berms as a ground cover material is prohibited; however, rock boulders (8 inches or greater in size) may be implemented within the side slopes to aid in stabilizing the soil, obtain additional berm height, and/or for visual interest.

      D.   Buffers.

         (1)   Buffer Requirements. The requirements set forth in this section shall apply to any development or redevelopment of property within the City of Cumming.

         (2)   Statement of Intent. The use of physical barriers or buffers is considered a necessary requirement to allow for the transition from one zoning district or use to another contrasting zoning district or use in recognition of neighbor’s rights, to promote the coordination of neighborhood efforts and compatibility of neighborhood elements, and to protect the value of buildings and property.

         (3)   Conditions for Requiring A Buffer. The following conditions shall require a buffer:

            a.   Buffers shall be required as shown on the Table of Buffer Requirements where different zoning classifications abut. A buffer required by the table shall be provided by the proposed development when it is located in a zoning district listed in the left-most column of the table and the development abuts a zoning district listed across the top of the table.

            b.   Where a proposed development is located adjacent to a Plan Unit Development (PUD) District, a buffer shall be required based on the existing uses in the area adjacent to the proposed development or the most intense uses permitted by the PUD District if the area adjacent to the proposed development is vacant. The buffer required shall be based on the Table of Buffer Requirements using the zoning district in which the existing or proposed uses permitted in the PUD District are first permitted.

         (4)   Buffer Standards. Buffer standards are stated in terms of the width of the buffer and the number of plant units required per one hundred (100) linear feet. The width of each buffer shall, at a minimum, meet the standard buffer width. The City Council, with recommendation from the Planning and Zoning Commission, may allow the described narrower buffer widths.

The “plant unit multiplier” is a factor by which the basic number of plant materials required for a given buffer is determined given a change in width of that yard. The number of plant materials required shall be rounded up when a fraction is calculated. The type and quantity of plant materials required by each buffer, and each buffer option, are specified in this section. These standards are minimum requirements. More plantings, wider buffers, or higher structures may be provided.

*Buffer requirements based on proposed zoning district once annexed.
**Buffer requirements based on PUD and special requirements therein.
X = No buffer required.
1 = Buffer shall meet requirements of a Buffer 1.
2 = Buffer shall meet requirements of a Buffer 2.
3 = Buffer shall meet requirements of a Buffer 3.
4 = Buffer shall meet requirements of a Buffer 4.

Buffer 1: The standard buffer shall be a thirty (30) foot wide landscaped buffer. A three (3) foot berm is required.
                           Buffer 1 Plan Multiplier Table
                           Buffer Width      Planting Multiplier
Required plantings per 100 linear feet of buffer:         0’*         Buffer Wall
   2 Canopy Trees                  15’*         1.4
   2 Understory Trees                  20’*         1.2
   5 Evergreen Trees                  30’         1.0
   16 Shrubs                     40’         0.8
                           50’         0.6
                           *P&Z & Council approval needed.

Buffer 2: The standard buffer shall be a fifty (50) foot wide landscaped buffer. A three (3) foot berm is required.
                           Buffer 2 Plan Multiplier Table
                           Buffer Width      Planting Multiplier
Required plantings per 100 linear feet of buffer:         0’*         Buffer Wall
   4 Canopy Trees                  30’*         1.4
   3 Understory Trees                  40’*         1.2
   4 Evergreen Trees                  50’         1.0
   24 Shrubs                     60’         0.8
                           70’         0.6
                           *P&Z & Council approval needed.

Buffer 3: The standard buffer shall be a fifty (50) foot wide landscaped buffer. A three (3) foot berm is required.
                           Buffer 3 Plan Multiplier Table
                           Buffer Width      Planting Multiplier
Required plantings per 100 linear feet of buffer:         0’*         Buffer Wall
   5 Canopy Trees                  30’*         1.4
   4 Understory Trees                  40’*         1.2
   5 Evergreen Trees                  50’         1.0
   34 Shrubs                     60’         0.8
                           70’         0.6
                           *P&Z & Council approval needed.

Buffer 4: The standard buffer shall be a seventy-five (75) foot wide landscaped buffer. A six (6) foot berm is required or a six (6) foot solid masonry/brick wall shall be provided along the property line.
                           Buffer 4 Plan Multiplier Table
                           Buffer Width      Planting Multiplier
Required plantings per 100 linear feet of buffer:         0’*         Buffer Wall
   6 Canopy Trees                  30’*         1.4
   5 Understory Trees                  40’*         1.2
   6 Evergreen Trees                  50’         1.0
   38 Shrubs                     60’         0.8
                           70’         0.6
                           *P&Z & Council approval needed.

         (5)   Buffer Wall Standards. A buffer wall may be permitted with specific approval by the Planning and Zoning Commission and City Council, when it can be shown that a traditional landscaped buffer is not feasible. A buffer wall shall be a minimum of six (6) feet in height; constructed of a permanent low maintenance material such as brick, concrete, precast concrete, tile block, etc.; the wall shall be designed by an architect or engineer for both structural adequacy and aesthetic quality.

         (6)   Burden of Provision of Buffer. The burden of provision and selection of the buffer shall be as follows:

            a.   Where two different zoning districts, requiring a buffer between them, are both in an existing improved condition, the above requirement is not retroactive and should a buffer be desired, it shall be by mutual agreement between property owners or as otherwise provided by law. However, in the event of any or all of the improved property is abandoned, destroyed, demolished, etc., for the purpose of renewal or redevelopment, etc., that portion of such property being renewed or redeveloped, etc., shall be considered vacant land subject to the requirements herein.

            b.   Where one of two different zoning districts requiring a buffer between them is partially developed, the developer of the vacant land shall assume the burden, unless otherwise specified herein.

            c.   Where both zoning districts, requiring a buffer between them, are vacant or undeveloped, the burden shall be assumed by the developer of the more intense use.

         (7)   Reduction of Buffer Requirements. Where the line between two districts, requiring a buffer, follows a street, right-of-way, railroad, stream, or other similar barrier, the required buffer width may be reduced, according to the buffer standards tables, with the exception that a buffer wall will still require City Council approval.

         (8)   Waiver of Buffer Requirements. Where the line between two districts, requiring a buffer, follows a street, right-of-way, railroad, stream, or other similar barrier, the requirement for a buffer may be waived by the City Council upon receipt of a recommendation from the Planning and Zoning Commission, provided such waiver does not permit the exposure of undesirable characteristics of land use to the adjoining zoning district.

      E.   Streetscape and Building Wall Plantings.

         (1)   A landscaped edge or streetscape should be provided along all streets upon which the public is permitted to travel regardless of whether they are public or private. There are no minimum landscaping requirements for streetscapes, however, landscaping placed along streetscapes shall be allowed to count towards required open space landscaping unless said landscaping is part of a required buffer.

         (2)   Streetscapes are intended to be ornamental in nature bringing needed green to the City, shade and visual softening of pavement expanses.

         (3)   Streetscapes should attempt to have a recognizable pattern that establishes a sense of place for a particular neighborhood or development.

         (4)   Blank building walls uninterrupted by architectural features should be visually broken by vegetation.

      F.   Screening. The implementation of landscaping, berms, decorative walls and fences shall be used to screen undesirable views such as headlight glare, mechanical equipment, outdoor storage, loading areas, off street parking areas, etc.

         (1)   Off street parking areas: see 165.47 of this section.

         (2)   Outdoor storage: see Chapter 166, “Architectural Standards,” of this title.

         (3)   Mechanical units: see Chapter 166, “Architectural Standards,” of this title.

         (4)   Trash enclosures: see Chapter 166, “Architectural Standards,” of this title.

         (5)   Additional screening measures may be required at the discretion of the Zoning Administrator to mitigate impacts and views not otherwise covered by this section.

      G.   Off Street Parking Areas. Vegetation in off street parking areas not only provides needed visual relief from large expanses of parking but also provides shade reducing the heat glare from parking areas thus improving pedestrian comfort. Views of off-street parking areas from public rights of way shall be screened to a height of at least three feet (3’). Screening shall be as near to one hundred percent (100%) opacity as possible with careful attention paid to eliminate “through views” under tree canopies. In addition to the general landscaping regulations above, the following off-street parking area landscaping requirements shall also apply:

         (1)   The use of multiple small parking lots shall be encouraged rather than one large parking lot.

         (2)   Multiple landscaped islands shall be used and combined with vegetation to effectively break up large expanses of parking. Location of islands should be carefully considered to provide shade to as much of the parking area as possible.

         (3)   The location of islands shall allow for the easy and free movement of all emergency vehicles.

         (4)   Landscaped islands shall be placed, at a minimum, every eighteen (18) stalls within a row of parking. Landscaped islands shall be, at a minimum, nine feet (9’) wide and thirty-four feet (34’) in length for dual parking rows or a minimum of nine feet (9’) wide and seventeen feet (17’) in width for single rows.

         (5)   Landscaped pods (tree diamonds) within a row of parking shall be evenly spaced between landscape islands, however, shall be spaced no farther than nine (9) parking stalls from another landscaped pod or landscaped island. Landscaped pods shall measure no less than six feet (6’) to back of curb in each direction.

         (6)   Linear islands running the length of a parking row shall be required for every six (6) rows of parking. Said islands provide visual breaks and may be used as pedestrian pathways for safe pedestrian movement through the parking area or as part of stormwater management measures. Linear islands shall measure a minimum of ten feet (10’) from back of curb to back of curb.

         (7)   The minimum vegetation required in off street parking area shall be as follows:

            a.   Two (2) trees in each nine by thirty-four-foot (9’ x 34’) island.

            b.   One tree in each nine by seventeen-foot (9’ x 17’) island.

            c.   One tree in each landscape pod.

            d.   Additional shrubs, ground covers, grasses, and flowers may be provided in landscaped islands or pods but are not required.

            e.   Vegetation required in off street parking areas shall be in addition to general landscaping provisions, however, general landscaping requirements may be placed within off street parking areas.

            f.   Trees and shrubs provided in landscaped islands and pods beyond the number required for off street parking landscaping shall be counted towards fulfilling the site’s general landscaping provisions.

      H.   Open Space Requirements. The following open space requirements shall be adhered to for any development within the City of Cumming:

         (1)   Each principal structure of an apartment or office complex shall be separated from any other principal structure in the complex by an open space of not less than fifteen (15) feet in width except as required in Paragraph 2 of this section.

         (2)   When doors and windows in the exterior walls of a living unit face a wall of the same building and/or a wall of another building in the same apartment complex site, there shall be provided a minimum open space of not less than thirty (30) feet. Said distance to be measured on a line projected at right angles at the opening, from the wall containing the opening to the opposite wall.

         (3)   Cantilevers and uncovered decks may project from the building wall into the required open space, provide an uncovered deck shall not cover more than 50% of the open space within the front yard. Open stairways may project from the building wall in the required open space not more than seven and one-half (7 ½) feet. Stairways when located in the required open space shall be cantilevered or supported by the necessary columns only; support by a wall other than the exterior building wall is strictly prohibited.

         (4)   On each lot there shall be provided an open space equal to at least the following percentage of the total lot area for each zoning district listed. Said open space shall be unencumbered with any structure, or off-street parking or roadways, ingress-egress access drives and shall be landscaped and well maintained with grass, trees and shrubbery, except for areas used for pedestrian walks, courtyards or plazas.

 

 

         (5)   Any existing use in the C-2 Central Business District shall be exempt from this chapter; however, all redevelopment or new development in the C-2 District shall be subject to compliance.

   7.   Administration and Enforcement.

      A.   A Zoning Administrator appointed by the Council shall administer and enforce these regulations. Said officer may be provided with the assistance of such other persons as the Council may direct. If the Zoning Administrator finds that any of these regulations are being violated, such officer shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Administrator shall order discontinuance of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by these regulations to ensure compliance with or to prevent violation of its provisions.

   8.   Appeals From Decision of Zoning Administrator.

      A.   Appeals from any decision of the Zoning Administrator may be taken to the Board of Adjustment as provided in Section 165.42.

   9.   Separate Offences May Be Charged.

      A.   The owners or tenants of any building, structure, land or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains a violation of these regulations may each be charged with a separate offense and upon conviction suffer the penalties provided.

   10.   Other Remedies.

      A.   If any building or structure is erected, constructed, reconstructed, altered, repaired, or land is used in violation of these regulations, the City may, in addition to other remedies, institute injunction, mandamus or other appropriate lawful action necessary to prevent, correct or abate such violation.

      B.   Waiver of Requirements. A waiver or reduction in any of the requirements outlined in this chapter may be granted by the Board of Adjustment through the variance process. The City Council may, following review and recommendation from the Planning and Zoning Commission, choose to defer installation of required landscaping with cause provided the applicant has demonstrated how said landscaping may be installed on site in the future.

      C.   Plant Substitutions.

         (1)   Approval; Categories. Plants may be varied from the requirements described above in the following way; however, no more than fifty percent (50%) of one required plant type may be substituted for another without specific Planning and Zoning Commission approval. For example, no more than fifty percent (50%) of required under story trees could be substituted for shrubs. The following substitution categories are exclusive (i.e., 20 shrubs cannot be substituted for 1 overstory tree):

            a.   Two (2) deciduous understory trees equal one deciduous overstory tree or evergreen.

            b.   Ten (10) shrubs equal one understory tree.

      D.   Warranty and Maintenance.

         (1)   Warranty and Replacement.

            a.   In a single-family detached residential subdivision, the developer shall have responsibility for the replacement of any vegetative material for a period of one year or until such time that site maintenance is turned over to an owners’ association or the adjacent property owner in conjunction with the issuance of a final occupancy permit if no property owners’ association.

            b.   Replacement is required for any living plant material that was shown on an approved landscape plan that is removed, dies, or disfigured, including if removed by the City as part of any City work within a City right of way or public utility easement. Replacement shall be the responsibility of the owners’ association, however, in the absence of covenants specifically and explicitly placing replacement responsibility on an owners’ association replacement shall be the responsibility of the property owner.

         (2)   Maintenance.

            a.   Maintenance shall be the responsibility of the owners’ association, however, in the absence of covenants specifically and explicitly placing maintenance responsibility on a specified association, entity or individual, maintenance shall be the responsibility of the property owner.

            b.   Landscaping areas shall be kept in a neat and orderly manner and shall be free of trash, litter, debris, dead plants, or weeds.

            c.   All maintenance or pruning shall be done in accordance with the most current standards of the National Arborists Association, American National Standards Institute, American Association of Nurserymen, or American Society of Landscape Architects.

         The City shall have the right to plant, prune, maintain and remove vegetation on public property including rights of way. The City may also perform such maintenance on private property if necessary, to protect sanitary sewers or other public improvements, to prevent the spread of insects or disease, or to improve site visibility at intersections of vehicles and/or pedestrian pathways.