The purpose of this article is to provide development design and improvement standards applicable to all development activity within the city.

(Code 1993, pt. III, ch. 5, § 1)

All improvements required by this chapter shall be designed, installed, and paid for by the developer.

(Code 1993, pt. III, ch. 5, § 2)

The provisions of this article are intended to ensure functional and attractive development. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; to avoid adverse effects of shadow, glare, noise, odor, traffic drainage, and utilities on surrounding properties; and to increase public safety, health and welfare.

(Code 1993, pt. III, ch. 5, § 3)

      Table 111-129. Dimensional Requirements

(a)

The minimum useable floor area, excluding attics, unfinished basements and porches, for any residential dwelling unit in R-15 shall not be less than 1,500 square feet.

(b)

For enclosed small garden sheds, greenhouses, children playhouses and gazebos, this dimension may be reduced to five feet.

(c)

Above 35 feet, with fire department approval only.

(d)

With water and sewer service only.

(e)

Any application for rezoning to the downtown development district shall have the front setback determined by the architectural review committee in accordance with the harmony of adjacent properties, subject to approval from the city council.

(f)

Where fire proof walls are used, no side yard is required.

(g)

Any lot line along a street (other than an alley) shall be a front lot line, any lot line along an alley shall be a rear lot line, any lot line between two lots and intersecting a front lot line shall be a side lot line, and any lot line intersecting two other lot lines which are not a front lot line shall be a rear lot line.

(h)

Depending on the type of development, the building inspector and the community development director will consult with the developer and determine the best setbacks and dimensions.

(Code 1993, pt. III, ch. 5, § 4; Ord. No. 08252025, 8-25-2025)

(a)

Maximum coverage. Impervious surface coverage on a development site shall not exceed the maximum coverage amounts provided in Table 111-129.

(b)

Calculation. Impervious surface coverage is determined by calculating the total impervious surface area as a percentage of the gross site area. Water bodies are impervious and shall be included as such in the calculation of impervious surface coverage.

(c)

Pervious concrete. If pervious concrete is proposed for a project, then 50 percent of the area covered with pervious concrete shall be considered as a pervious surface provided it is installed and maintained in accordance with manufacturer's guidelines.

(Code 1993, pt. III, ch. 5, § 5)

(a)

General. No person shall construct or erect a building or other permanent structure, with the exception of fences, sidewalks, pools, walls, terraces, decks, driveways, or accessory structures on any lot or tract for which a setback line has been established, between such a setback line and the property line.

(b)

Exceptions. Architectural features such as cornices, eaves, gutters, fireplaces, flower boxes, bay windows, decorative molding and balconies, and front staircases designed complementary to the principal structure, which are part of or attached to the structure, may project no more than three feet into a required setback area. Equipment tanks, filters, stairwells, stairways attached post construction, and enclosed floor space are not considered architectural features and must meet principal structure setbacks.

(c)

Address and front door. The address of a house or location of the front door shall have no effect on the setback regulations outlined in Table 111-129.

(Code 1993, pt. III, ch. 5, § 6)

Building height is the vertical distance measured to the highest point of the building roof from the average finished grade across those sides of a building that face a street.

(Code 1993, pt. III, ch. 5, § 7)

(a)

Purpose.

(1)

Provide a housing type that responds to changing household sizes and ages, for example to retirees, small families or single person households.

(2)

Provide opportunities for ownership of small, detached dwelling units within residential neighborhoods.

(3)

Provide guidelines to ensure compatibility with surrounding land uses.

(b)

Applicability.

(1)

New single-family residential construction.

(2)

Single-family residential redevelopment, including retrofitting/remodeling.

(3)

The cottage lot provisions shall be applicable in the town center commercial district, the residential infill district and all other residential zoning districts.

(c)

Permitted uses.

(1)

Single-family residential structures.

(2)

Accessory structures incidental to the principal use.

(3)

Home occupations.

(d)

Future annexed area. All residentially zoned land annexed into the city that does not meet minimum standards for development, such as minimum lot area or minimum lot width, shall be eligible for development under the provisions of these cottage lot provisions.

(Code 1993, pt. III, ch. 5, § 8)

(a)

Purpose.

(1)

The purpose of this section is to provide an alternative means of residential, commercial, public service, industrial and mixed use land development and an alternative zoning/site plan review procedure that may be used to establish residential, commercial, public service, industrial and mixed use zoning districts at appropriate locations and in accordance with the planning and development objectives of the city.

(2)

A planned development (PD) established according to the provisions of this section may depart from the strict application of use, setback, minimum lot, parking, and other requirements of standard zoning districts. A PD shall be consistent with the overall planning and development goals of the city. It is the purpose of this section to offer flexibility for development while maintaining and protecting the public health, safety and welfare of the city's residents.

(3)

This section intends to establish a more holistic living and working environment by enabling the application of creative and imaginative approaches to development design and community planning. A PD should provide a variety of natural features and open spaces, efficient and economical land use, improved amenities, orderly development, and the protection of existing and future adjacent development and properties. Therefore, the PD alternative may allow uses and combination of uses which are not specifically allowed in standard zoning districts.

(b)

Prevailing code. To the extent that any provisions of this section conflict with other provisions of this chapter, the provisions of this section shall prevail.

(c)

Definition of planned development.

(1)

A planned development (PD) may be a residential PD, a commercial PD, a mixed use PD, an industrial PD, or a public service PD. A PD shall consist of land under unified control which may be planned and developed as a whole as a single development or as an approved programmed series of developments by multiple developers. A typical PD will include principal and accessory uses and structures that are substantially related to the character of the development itself and to the surrounding area of which it is a part. The term "unified control," as used in this subsection, shall mean that all land to be included within a PD shall be owned or otherwise under the legal control of the person or legal entity which has applied for the PD zoning district. Such person or entity shall be legally capable of providing a commitment to the city that the PD development will comply with all PD documents, plans, standards, and conditions ultimately approved by the city.

(2)

A PD zoning district shall consist of the approved PD classification, the PD conceptual master plan and the PD final development plan, as well as any other plans, drawings, renderings, elevations, maps and documents specifically included as development documents in the approval of the PD by ordinance by the city commission. The ordinance approving a PD shall be deemed a zoning ordinance. The provisions of the individual PD zoning ordinance shall replace all conflicting development regulations set forth in this chapter which would otherwise apply to the development. The PD ordinance shall be recorded in the public records of the county and the city.

(3)

The applicant may proceed with development or any land-disturbing activities only after a plat, if required by the city commission, is recorded and after certification by the community development director that the building plans and other required documents and information substantially conform to all documents approved as part of the PD ordinance. The applicant must also provide evidence that would bind his successors in title to any commitments made for the approval of the PD.

(d)

Zoning map. The boundaries of land zoned PD by ordinance of the city commission shall be indicated as such on the official zoning map of the city.

(e)

Location. A PD may be located anywhere in the city.

(f)

Minimum size. The minimum size of a PD is two acres.

(g)

General requirements.

(1)

Circulation, parking, utilities, drainage and other standards. PD standards for circulation, parking, utilities, drainage and other standards shall apply as described in this chapter, except as specifically modified by the city commission as part of the PD ordinance.

(2)

Open space. Not less than 25 percent of the PD shall be open space. Required open space may include all common vegetation and landscape areas.

(3)

Maximum building area. Not more than 50 percent of the total development site shall be covered by buildings.

(Code 1993, pt. III, ch. 5, § 9)

(a)

Initial application. In addition to information required for an application for rezoning in general, an applicant for PD zoning/development approval shall submit the following materials and data to the community development department:

(1)

Legal documents demonstrating unified control over the proposed PD.

(2)

A PD application, which includes:

a.

The title of the project (name);

b.

The names of the professional planners and engineers and the developers;

c.

A master development plan to include a boundary and topographic survey of the proposed PD site and an inclusive list of all uses proposed to be located within the PD and on each parcel thereof;

d.

Computation of the gross acreage of each use and the proposed PD overall;

e.

Any other matter deemed relevant by the community development director to the development and use of the property.

(b)

Fees. Each applicant for a rezoning/development approval to PD shall pay a fee to the city for examination of the proposed PD application and related materials and the inspection of all required improvements shown on such plans. Such fee shall be determined by the city commission by resolution.

(c)

Procedure. Upon application for rezoning/development approval of land to a PD zoning district, submission of a master development plan and other documents deemed appropriate by the applicant or required by the community development director, appropriate city staff, the planning commission and city commission shall process and review the application as a rezoning of land as follows:

(1)

Pre-application meeting. The applicant and city staff shall jointly review the application, master development plan and all other documents associated with the application at a pre-application meeting. The purpose of this pre-application meeting is to discuss the application at an informal setting and identify all zoning and other regulations applicable to the property and to identify specifically those variations from the regulations which may be justified with this application.

(2)

Planning commission.

a.

Following the pre-application meeting, upon receipt of a complete application and completion of the review by the community development department, a rezoning/development approval review shall be conducted by the planning commission held as for other applications for rezoning.

b.

The planning commission will require, prior to its recommendation to the city commission, evidence of the PD impact on traffic, water and sewer facilities in the area.

c.

The planning commission shall either recommend to the city commission that the PD district rezoning be granted and that the application, the master development plan, individually or in combination with a final PD development plan, and any other required plans, drawings, renderings, elevations, maps and documents specifically included as part of the application, be approved, with or without conditions, or that the application be denied. In making the recommendation, the planning commission shall find that the application and the master development plan, individually or in combination with a final PD development plan, and any other required plans, drawings, renderings, elevations, maps and documents specifically included as part of the application, does or does not meet the requirements of this chapter and specifically this section.

(3)

Conditions. In approving a rezoning of land to a PD district classification, the planning commission may recommend and the city commission may approve a variation of the strict application of the development requirements of this chapter and may instead impose appropriate conditions to otherwise attain the objectives of this chapter. These conditions shall be binding upon the applicant and successors with interest in the PD. Deviations from approved plans except in a manner described in this chapter or failure to comply with any conditions shall constitute a violation of the respective PD ordinance and of this chapter.

(4)

City commission.

a.

Upon completion of the planning commission review of the PD rezoning application, the master development plan, individually or in combination with a final PD development plan, and any other required plans, drawings, renderings, elevations, maps and documents specifically included as part of the application, the city commission shall schedule the application for public hearing.

b.

Notice of the public hearing shall be provided according to the law for rezonings generally.

c.

The city commission shall either approve the application, the master development plan, individually or in combination with a final PD development plan, and any other required plans, drawings, renderings, elevations, maps and documents specifically included as part of the application, with or without conditions or shall deny the application. Approval of an application shall take the form of an ordinance rezoning the property to a PD district. The chapter shall identify the property by legal description, the master development plan, individually or in combination with a final PD development plan, the development documents and all conditions of approval. The ordinance shall provide that no development permits or orders shall be issued by the city until a final PD development plan, if not included as part of the master development plan, has been approved as provided in this section. The ordinance shall also state the expiration date for the final PD development plan, if applicable. The city commission may decide to deny the application. When an application is denied, the city commission shall state the reasons for the denial and indicate what further modifications to the master development plan or other submitted documents must be made for approval.

(5)

Final development plan.

a.

Following the approval of the rezoning application and the master development plan not inclusive of a final development plan by adoption of a PD ordinance by the city commission, the applicant shall submit a final development plan to the city commission for approval. The final development plan shall be deemed a development approval. The final development plan approval shall be submitted and approved by the city within two years of the effective date of the PD zoning ordinance unless a longer time is permitted by the city commission. The final development plan shall implement the master plan with all the changes, additions and conditions required and approved by the city commission.

b.

Except for any areas of the PD site set aside and designated for future development, the final development plan shall include:

1.

A designation of land uses;

2.

The exact location and dimensions of all buildings, structures, infrastructure, utilities, and other improvements, including the number and location of all parking spaces and the location and dimension of landscape areas;

3.

The location of areas to be set aside for open space and conservation areas;

4.

Open space calculations and building pad areas, and calculations on attachments;

5.

The location, dimensions and appearance of all signage, lighting, fencing and buildings and a description of all exterior building materials;

6.

A statement of the covenants and restrictions proposed to be imposed upon the use of land, building and structures; and

7.

A proposed plan of maintenance shall be provided to assure the continuing operation and maintenance of such areas, functions, and facilities are not to be provided, operated or maintained at general public expense. Such statements shall be approved by the city attorney.

c.

Development permits. Upon approval of the final development plan, the city commission shall adopt a development ordinance adopting the final development plan. The ordinance shall also state the expiration date for the final PD development plan, which shall expire two years from the effective date of the development ordinance if no development permits or orders have been issued to the development during that time. Two one-year extensions may be granted by the city commission upon application by the applicant.

(d)

Change or modification. Any major changes or amendments to a PD master development plan or a PD final development plan shall be processed as an amendment to the PD district zoning district under the same process as a new zoning application. Major changes or amendments shall include:

(1)

A change of 20 percent or more in the area of any land use designations shown on the final development plan.

(2)

Any change in the list of proposed uses.

(3)

An increase in residential density of 20 percent or more.

(4)

An increase in nonresidential square footage of 20 percent or more.

(5)

A change in the boundary of the PD district.

(6)

A change in the final development plan or approval regarding any areas set aside and designated for future development.

(7)

Any other change determined by the community development director to have a potentially significant impact on city services or the surrounding neighborhood.

(8)

An amendment of greater than 12 months to the originally approved time table of development.

(9)

Any change or amendment to a PD master development plan or a final development plan which is not a major amendment shall be a minor amendment. Minor amendments may be approved by the city commission upon proper application for the amendment and after a public hearing. The city commission may require that notice of the minor amendment and public hearing be given to the surrounding property owners by posting or publication in the local newspaper of general circulation.

(Code 1993, pt. III, ch. 5, § 10)

(a)

Blocks.

(1)

The length, width and shape of blocks shall be determined with due regard to:

a.

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

b.

Zoning requirements as to lot sizes and dimensions.

c.

Needs for convenient access, circulation, control and safety of street and pedestrian traffic.

d.

Limitations and opportunities of topography.

(2)

Block lengths shall not exceed 1,200 feet or be less than 400 feet except where topography, property lines or other conditions peculiar to the site make such dimensions impracticable and are approved by the community development director/city commission.

(3)

In cases where block lengths are allowed to exceed 1,200 feet, easements, not less than 20 feet in width, shall be provided where needed for crosswalks and for the placement of utilities and they shall be deeded to the city for that purpose. In addition, the community development director/city commission may require the provision of crosswalks in special areas where they are deemed essential to provide circulation or access to schools, playgrounds, shopping centers and to other community services and facilities.

(4)

Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets or where prevented by topographical conditions or size of property, in which case the community development director/city commission may approve a single tier of lots when properly designed to meet at least the minimum requirements of this chapter. This provision shall not prevent the inclusion within any subdivision of blocks of greater width or irregular outline, including super blocks, which blocks shall be indented by dead-end roads, looped access roads, or crosswalks, to provide access to the central areas thereof, and may contain at or near their centers, public or joint use areas such as parks and playgrounds when covered by agreements as to maintenance of such interior areas.

(5)

In cases where the platting is incomplete or disconnected, the city engineer shall determine the outline of the block.

(b)

Lots.

(1)

In no case shall the lot dimensions be less than the minimum requirements of Table 111-129. Where the following subdivision standards require greater minimum dimensions than Table 111-129, the requirements of this section shall apply:

a.

Residential lots served by a public sewerage system shall be not less than 7,200 square feet in area.

b.

Residential lots served by a private sewerage system and a public water supply shall be not less than 80 feet in width and 15,000 square feet in area.

c.

Residential lots served by a private sewerage system and a private water supply shall be not less than 100 feet in width and one-half acre in area.

d.

In addition, any lot served by a private sewerage system shall conform to whatever greater area may be required by the county health department.

(2)

The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate for the off-street loading and parking facilities required by the type of use and development contemplated. Furthermore, industrial lots shall be no less than 65 feet in width and one acre in area where served by public water and sanitary sewerage systems. Where either or both utilities are not provided by a public system, the minimum lot width and area shall be set by the county health department, but in no case shall they be less than the above requirements.

(3)

Corner lots for residential use shall have extra width to permit appropriate building setback from an orientation to both streets.

(4)

Each lot shall have direct access to a public street and in no case shall any lot have less than 30 feet of street frontage.

(5)

Double frontage and reverse frontage lots shall be avoided except where desirable to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 20 feet, across which there shall be no right-of-way access, shall be provided along the rear property line of lots abutting such a traffic artery or other disadvantageous use.

(6)

Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.

(7)

Property numbers may be assigned to each lot in accordance with a property numbering system set up by the city.

(c)

Conformance to utilities master plans. All proposed subdivisions shall conform to any storm drainage and sanitary sewer master plans and development policies in effect at the time of submission to the city commission.

(d)

Monuments.

(1)

Monuments shall be placed at all block corners, angle points, points of curves in streets and at intermediate points as required by the city engineer. Monuments shall be of reinforced concrete with dimensions at least four inches by four inches by 24 inches with bronze center pins of one-fourth inch diameter and four inches length and the top six inches below the finished grade.

(2)

Lot corners shall be marked with solid steel rods not less than five-eighths inch in diameter and 24 inches in length and driven so as to be flush with the finished grade.

(Code 1993, pt. III, ch. 5, § 11)

Whenever any persons shall construct a road or street or alley to be used by the public generally, he shall first comply with all provisions of this chapter pertaining to the development of roads and streets and alleys, and shall construct same in accordance with the standards fixed by this chapter.

(1)

Streets.

a.

The arrangement, character, extent, width, grade and location of all streets shall conform to state and/or local requirements, respectively.

b.

Where such is not shown in any street or highway plan, the arrangement of streets in a subdivision shall either:

1.

Provide for the continuation or appropriate projection of existing principal streets in surrounding areas by extending to the boundaries of the proposed subdivision;

2.

Conform to a plan for the neighborhood approved or adopted by the city commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical; or

3.

Demonstrate that the plan set forth in the design of the subdivision offers the best solution to the problem of circulation, safety, convenience, topography and service to abutting properties for the site and adjacent areas.

c.

Where a subdivision abuts or contains an existing or proposed arterial or connector street, the community development director or city commission may require marginal access streets, reverse frontage with screen planting contained in the non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

d.

Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the community development director or city commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall be determined with due regard for the requirements of approach grades and future grade separations.

e.

Minor streets shall be laid out so that their use by through traffic will be substantially discouraged.

f.

Private streets and reserve strips controlling access to streets shall be prohibited except where their control is definitely placed with the city under conditions approved by the community development director or city commission. Every lot in subdivided property shall be served from a publicly-dedicated street.

g.

On intersecting streets with their centerlines offset, where it is impossible to obtain continuous pavement alignment (by offsetting the pavement within the right-of-way), the minimum centerline offset shall be 200 feet.

h.

The road pattern shall conform reasonably closely to the natural contours of the land. In order to discourage through and high speed traffic and to increase the value and stability of the neighborhood, straight portions of residential roads of undue length shall be avoided in level or nearly level areas by the use of slight amounts of curvature.

i.

When a deflection in the alignment of a street occurs, the street shall be connected by a curve with a radius adequate to meet the sight distance requirements. In no case shall an arterial street have a centerline radius of less than 500 feet or a minor street have a centerline radius less than 200 feet except upon written recommendation of the city engineer.

j.

A tangent shall be introduced between reverse curves on all streets and shall be designed by a civil engineer using the geometric design of highway and streets manual as published by the American Association of State Highway and Transportation Officials or other approved sources.

k.

The community development director/city commission shall have the right to reject any plan that provides for the intersection of more than two streets at any one location. A traffic circle or additional cutback of corners may be required to improve circulation and to avoid traffic hazards. Likewise, a leveling area shall be made at each intersection when the grade of the street exceeds seven percent. The leveling area should have a grade not over four percent and should be at least 100 feet long.

l.

Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle less than 80 degrees or more than 100 degrees.

m.

Property lines at street intersections shall be rounded with a curb radius of 20 feet. The planning commission may permit comparable cut-offs or chords in the place of rounded corners.

n.

Minimum street right-of-way widths shall conform to the following:

      Table 111-137. Minimum Street Right-of-Way Widths

Notes:

*Lane widths include only pavement width. Example: Two lanes at 11 feet with two feet C&G would be 26 feet back of curb to back of curb.

Lane widths on collector streets and other local (non-subdivision) streets will be based on design speed and traffic volumes.

Number of lanes will be determined based on traffic volumes, except for subdivision streets which will be typically two lanes only.

Typical section details are shown in appendix B, Standard Drawings, of the ordinance from which this chapter is derived.

(Note: Rights-of-way in excess of 100 feet shall be acquired through normal right-of-way acquisition procedures.)

o.

Half-width streets shall be prohibited except where recommended by the city engineer as being essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the community development director/city commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Such portion of the street shall be distinctly designated upon the map or plat as being a portion of a street and no improvement shall be made other than rough grading until the full width shall be designated for public purposes. Whenever a tract to be subdivided is bounded by a previously-dedicated half street, the other half of the street shall be platted within such tract.

p.

Subdivisions that adjoin existing streets shall dedicate additional rights-of-way if needed to meet the above minimum street width requirements. The entire right-of-way shall be provided where any part of the subdivision is on both sides of the existing street. When the subdivision is located on only one side of an existing street, one-half of the required right-of-way, measured from the centerline of the existing right-of-way, shall be provided.

q.

Dead-end streets, designed to be so permanently, shall be no longer than 600 feet, including the diameter of the turnaround, and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 80 feet and a street property line diameter of at least 100 feet. Where it is desirable, to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary of such property and the planning commission may require that a temporary, paved turnaround be provided, having a roadway diameter of at least 80 feet.

r.

No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the city commission. The developer shall submit street names to 911 for approval prior to submission to the community development department.

(2)

Alleys.

a.

Alleys shall be provided in commercial and industrial districts, except that the community development director/city commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.

b.

The right-of-way width of an alley shall be not less than 20 feet.

c.

Alley intersections and sharp changes in alignment shall be avoided, but, where necessary, corners shall be cut-off sufficiently to provide an inside turning radius of at least 20 feet.

d.

Dead-end alleys are prohibited unless specifically approved by the city engineer and city commission, in which case a turnaround of approved design shall be provided.

(3)

Easements.

a.

Except where alleys are permitted for the purpose, the developer shall provide easements across lots or centered on rear or side lot lines for utilities and such easements shall be at least 20 feet wide.

b.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.

(4)

Street and alley improvements.

a.

All streets shall be properly graded to their full width so that pavement and sidewalks can be constructed on the same level plane. All street shall be provided with a minimum of six inches of compacted, approved sand clay or soil cement base, a single surface treatment and one-inch plant mix top, all in accordance with city standards. Pavement widths shall be as follows, not including curb and gutter:

**Plus 16 feet where on-street parking is to be permitted.

b.

Storm sewers, catch basins and manholes required. All streets shall be provided with the necessary storm drainage facilities, including catch basins and manholes, built in accordance with city standards. No pipe sizes smaller than 18 inches in diameter shall be allowed. Culverts required to be placed under streets in the public right-of-way shall be provided and installed by the developer.

c.

Alleys required. All alleys shall be graded to a full 20-foot width and provided with concrete aprons at all street intersections, in accordance with city standards. All alleys shall be properly drained.

d.

No street or alley grading shall be done on any land which is to be dedicated for public use, or which would cause a connection to be made to a public street or alley, until:

1.

Acceptable plans and profiles prepared by a state registered professional engineer have been submitted to the community development department; and

2.

A street construction permit has been issued by the community development department.

(5)

Utilities.

a.

Water mains for both domestic use and fire protection shall be properly connected either with the city water system or an approved source of water supply. The lines shall conform with accepted standards of good practice for municipal water systems and shall meet, as a minimum, the specifications of the city and/or the county health department. All materials, except fire hydrants, labor, equipment and other matters related to the water distribution system shall be provided or arranged for by the developer. Fire hydrants that meet city specifications shall be supplied by the developer. The developer shall be responsible for installation of the fire hydrants and shall reimburse the city for the cost and handling of each hydrant. All water plans shall be prepared by a state registered professional engineer and approved by GaEPD prior to construction.

b.

When the subdivision is located within the service area of a public sewerage system, sanitary sewers shall be installed in such a manner as to serve adequately all lots with connection to the public system. Where lots cannot be economically connected with a sewerage system, they must contain adequate area for the installation of approved septic tank and disposal fields and must be approved in writing by the county health department.

1.

For the purpose of this chapter, it shall be considered economically feasible to connect a subdivision to a public sewerage system when the total cost per lot for sanitary sewers does not exceed the cost per lot for septic tanks by more than 100 percent.

2.

All materials, equipment, labor and other matters related to the sanitary sewerage system shall be provided by the developer.

3.

All sewer facilities shall be installed in accordance with the standards of the department of public health of the state, the city and the county health department.

c.

After rough grading is completed and approved and before any base is applied to the street, all of the underground work-water mains, gas mains, etc., and all service connections, shall be installed completely and approved throughout the length of the road and across the road bed. Where the water mains are installed in the shoulder of the road at least five feet away from the edge of the pavement, the developer may elect to omit the installation of service connections providing that, at such time as these service connections are needed, they may be bored across using an acceptable city method jacked across without breaking or weakening the existing pavement.

d.

In order to meet future development needs, the city may require a water or sewer line with greater capacity than is necessary to serve a single development or the minimum size noted in this chapter. The developer is required to provide only the capacity necessary to serve his development. The city will be responsible for the cost of the upgrades necessary to serve future development in excess of the development's needs.

(Code 1993, pt. III, ch. 5, § 12)

(a)

Applicability. Parking spaces shall be provided for each permitted use established in accordance with this chapter upon the occurrence of any of the following:

(1)

The construction of a new building or new structure;

(2)

The construction of a new addition to an existing building or structure; or

(3)

Changes in use including changes in the intensity of an existing use.

(b)

Time of completion. Parking areas shall be completed, landscaped and ready for use prior to the issuance of a certificate of occupancy or certificate of completion.

(c)

Calculating parking requirements.

(1)

In the event the calculation of the number of required parking spaces results in a fractional space, the number of required spaces is the nearest whole number.

(2)

The number of required parking and loading spaces for a use not specifically listed in article V of this chapter shall be determined by the community development director based on a listed use most similar in parking and loading needs to the unlisted use.

(3)

For properties containing more than one use, the number of required parking spaces is the cumulative number of spaces for all uses, including approved shared parking.

(4)

Gross floor area shall be used for the calculation of required parking spaces relating to floor area.

(5)

The greatest number of employees, including owners and managers, present on premises at any one time during the largest shift shall be used for the calculation of required parking spaces relating to the number of employees.

(d)

Location of required parking spaces.

(1)

All required parking spaces shall be located on the same real property upon which the principal use is located. The term "same real property" means that the principal use site and the parking site are in the same ownership or in the same leasehold interest.

(2)

If the site of the principal use and the site of required parking are not contiguous, the nearest portion of the parking site shall be located within 400 feet of the front entrance to the principal use as measured by a safe and convenient pedestrian route. The term "contiguous," for this purpose, means a common boundary and does not include properties which are separated by a road, alley, or other public right-of-way.

(3)

The owner of the off-site parking site shall relinquish all development rights for said property until such a time that the required parking space is approved and provided elsewhere.

(4)

For a single-family dwelling, a driveway may be used to provide two parking spaces.

(e)

Shared parking and joint use of facilities.

(1)

The community development director may permit the required parking spaces for one use to be shared as required parking spaces by another use upon a finding that:

a.

The shared parking spaces are in close proximity and readily accessible to the uses served;

b.

The uses served by the shared parking spaces have different peak parking demands and operating hours;

c.

There will be a reduction in vehicle movements by the users of the shared parking spaces; and

d.

The design of the parking area in terms of traffic circulation, vehicular and pedestrian access, stormwater management, landscaping, open space preservation and public safety will be improved.

(2)

It shall be the responsibility of an applicant for shared parking approval to provide a description of the uses, a site plan, parking study and other necessary information to permit a finding by the community development director regarding the request for shared parking.

(f)

Off-street parking schedule. Off-street parking spaces shall be provided in accordance with the minimum standards contained in the following table:

      Table 111-138. Off-Street Parking Schedule

(Code 1993, pt. III, ch. 5, § 13)

The minimum design of parking spaces and access ways as they relate to the angle of parking shall be as follows:

      Table 111-139. Design for Parking Spaces

(Code 1993, pt. III, ch. 5, § 14)

(a)

All required parking spaces, access ways and loading zones shall be paved and otherwise constructed in accordance with the applicable ordinances of the city. As an alternative to paving, parking spaces and access ways may be provided on stabilized grassed areas for uses requiring only occasional parking or transitory vehicle storage as needed for recreational facilities, vehicle dealerships, churches, assembly halls and flea markets. Transitory vehicle storage shall occur only in the rear of such facility and shall only be used by the specified vehicle dealership for their own saleable vehicles. Paved parking shall be provided, however, for all full-time employees of such uses.

(b)

All parking spaces, access ways and loading zones shall be maintained in good condition and be free of pot holes, loose or cracked pavement, broken wheel stops, and any other conditions which might be otherwise detrimental to the health or safety of the residents of the city as determined by the city engineer.

(c)

Pervious parking surfaces are permitted when the following conditions are met:

(1)

Pervious paving materials and other soil stabilization techniques are used in a manner as to ensure that parking will remain functional in heavy rains or drought.

(2)

Pervious paving materials are installed according to manufacturer's specifications, including subsurface preparation, composition, and density of compaction.

(3)

Subsurface soil testing must demonstrate that the manufacturer's specifications will be met to allow for percolation and other stormwater functions. A registered professional engineer shall also make inspections and tests as necessary to certify that construction of the pavement is consistent with the approved plans as well as industry and manufacturer's standards.

(4)

Pervious parking areas shall allow stormwater to percolate into the ground as designed as part of an overall stormwater management system and in accordance with the approved site plan.

(5)

Such areas shall be provided with drainage facilities adequate to properly dispose of all surface water runoff.

(6)

Regular maintenance of pervious parking areas is necessary to ensure long-term integrity of function. Sweeping or other recommended maintenance procedures as per manufacturer's specifications must be implemented. If such areas cease to function in providing adequate parking, drainage or cause sedimentation within the drainage system, then paving to normal design standards will be required. In such an event, any credit given towards pervious surface area for the pervious parking will be revoked and pervious areas shall be installed which are comparable to the area credited.

(Code 1993, pt. III, ch. 5, § 15)

In addition to the parking required for nonresidential uses, loading spaces shall also be required. All loading spaces shall be located and screened to avoid nuisance impacts to adjacent areas with special consideration for noise. A sufficient number of loading spaces shall be provided to accommodate the maximum number of buses or trucks to be loaded or unloaded at any one time. Wheel stops or curbs shall be provided to prevent any vehicle using a loading space from encroaching upon unpaved areas or adjacent property.

(1)

Small commercial uses. Commercial establishments of a type that do not deal in large quantities of goods, including, but not limited to, offices, restaurants, auditoriums, and hotels and motels, shall be required to provide off-street loading as follows:

      Table 111-141.1. Required Number of Loading Spaces Commercial

Each loading space shall be not less than ten feet in width and 25 feet in length.

(2)

Industrial and large commercial uses. Uses of a type that deal in large quantities of goods, including, but not limited to, industrial, wholesale, storage warehouses, hospitals and retail establishments, shall be required to provide off-street loading spaces as follows:

      Table 111-141.2. Required Number of Loading Spaces Industrial

Each loading space shall not be less than 12 feet in width and 50 feet in length.

(Code 1993, pt. III, ch. 5, § 16)

(a)

Applicability.

(1)

The city landscaping requirements shall apply to all new development and to substantial renovation for which a building permit has been issued after February 28, 2011. No certificate of occupancy shall be issued for any portion or phase of a new development or substantial renovation to which this section applies until all required landscaping has been installed pursuant to the requirements of this section.

(2)

This section applies to all development to which the city parking code is applicable beginning February 28, 2011.

(3)

This section applies to all landscaping installed on public or private residential or nonresidential property after February 28, 2011.

(4)

All landscaping required by this section shall be installed and maintained as required by this chapter. The failure to do so shall constitute a violation of this section subject to code enforcement procedures and regulations.

(b)

General provisions.

(1)

Plant materials.

a.

At least 50 percent of all required landscaping in the form of trees, shrubs, ground cover, and grass shall collectively consist of vegetation native to the region.

b.

Tree species identified by the community development director as likely to cause damage to public roadways, public facilities or building foundations shall not be planted closer than 12 feet unless the tree root system is completely contained within a container or barrier five feet square and five feet deep.

c.

Trees of species whose canopy could be damaged by or could cause damage to overhead power lines shall not be planted closer than a horizontal distance from overhead power lines of 30 feet for large-sized trees (20 or more inches DBH) and 20 feet for medium-sized trees (ten to 20 inches DBH). Small trees (six to ten inches DBH) can be planted adjacent to power lines. Plantings near pad-mounted transformers shall not restrict access to or maintenance of the transformer and a five-foot clearance is recommended. For additional information, contact the local power company before planting.

d.

Vines, excluding invasive such as Kudzu, shall be a minimum of 30 inches in height at planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements. No vines shall be planted within utility easements or within five feet of any existing or proposed utility pole, guy wire or pad-mounted transformer.

e.

Ground cover used in lieu of grass shall be planted so as to present a finished appearance and reasonable complete coverage within three months of installation. All landscaped areas shall be sodded or otherwise covered with ground cover.

f.

Grass areas shall be planted in species locally grown as permanent lawns.

(2)

Installation.

a.

All required landscaping installed pursuant to this section shall be installed according to accepted good planting practices.

b.

Landscaped areas shall be protected from vehicular encroachment by car stops, curbs, or other appropriate manes.

c.

For a major development as defined in article XIII of this chapter, a registered landscape architect or state registered professional engineer shall inspect and certify that all required landscaping has been installed in accordance with the landscape plan and the requirements of this chapter. No certificate of occupancy or similar authorization will be issued until the required landscaping has been certified.

(3)

Irrigation.

a.

Landscaped areas shall be provided with an irrigation system of sufficient capacity to maintain the landscaping in a healthy growing condition. All irrigation systems shall be designed, installed and maintained in such a manner as not to be a nuisance to adjacent properties, adjacent uses and to the general public.

b.

All irrigation systems shall include a rain switch to monitor rain levels and irrigation needs.

c.

All areas with native vegetation or xeriscape areas must have a readily available water supply to provide temporary irrigation until plantings are established.

d.

Natural areas and native vegetation left undisturbed by development may be excluded from the irrigation system.

e.

All landscaping and irrigation plans shall consider current best management practices (BMPs) for water conservation.

(4)

Existing native vegetation.

a.

All native vegetation, which is not located in areas requiring their removal as part of the development plan, shall be retained in an undisturbed state.

b.

Existing healthy trees which have a caliper of 4½-inch DBH, or larger, may be credited toward meeting the minimum number of required trees. Areas within a development may be designated as natural vegetation areas where the natural grade and existing native vegetation will remain undisturbed.

(5)

Landscape design.

a.

For all developments requiring the submittal of a major site development plan, a landscape plan shall be submitted and approved as part of the approval process and prior to the issuance of a building permit. All landscape plans must show the location of existing or proposed utility lines that could be impacted by the vegetation being planted. All other developments shall incorporate landscaping consistent with the requirements of this chapter, but are not required to submit a separate landscape plan.

b.

Landscape standards.

1.

Not less than 20 percent of the total gross area of a development site shall be landscaped. The landscaped areas shall be located on the site in such a manner as to maximize preservation of existing specimen trees.

2.

Impervious surfaces shall not be placed within five feet of the base of an existing tree.

3.

Where possible, dumpsters, lift stations and back flow presenters shall be sited as to not be visible from public rights-of-way. The location of all dumpsters and other trash receptacles, lift stations and back flow preventers shall be totally screened with an opaque, masonry wall, decorative or wood fence of appropriate height to conceal it from view from any public right-of-way or adjacent private residential or nonresidential property or use. A hedge shall be installed around the perimeter of this screen and may in itself constitute the opaque screen subject to written approval of the community development director. When practicable, all enclosed equipment shall be painted either black or dark green. Metal or wooden gates shall be used to screen trash receptacles from view.

4.

A landscaped area not less than five feet wide, consisting primarily of shrubbery, shall be provided along all sides of a building which abut a parking area. A landscaped area not less than two feet in width shall be provided along the sides and rear of a building. The landscaping shall include a hedge, one tree for every 30 linear feet and ground cover. The landscaping may be clustered to allow for creativity and flexibility in design with the approval of the community development director.

(6)

Maintenance.

a.

The owner and the lawful occupant of the real property are each responsible for the maintenance of all required landscaping in a healthy, growing condition in accordance with this chapter.

b.

The city shall periodically inspect all areas of required landscaping for proper maintenance. Regular maintenance includes irrigation, fertilization and routine pruning of all trees and shrubs. The owner or lawful occupant of the real property shall be responsible for correcting any deficiencies reported by the inspection within a reasonable timeframe. Failure to comply will result in code enforcement action.

c.

Landscaped areas shall be maintained in a neat and orderly appearance and kept free from refuse and debris. All walls and fences shall be maintained in good condition so as to present a neat and orderly appearance and shall be kept free from graffiti.

d.

Trees shall be pruned only as necessary to promote healthy growth, to avoid power lines, or to provide proper sight distances for roadways or intersections. Trees shall not be severely pruned or hat racked in order to permanently maintain growth at a reduced height.

(c)

Landscape buffers for multifamily, commercial and other nonresidential uses.

(1)

In order to reduce visual, light and noise impacts, a required landscape buffer shall be located along the length of the adjacent private property.

(2)

Buffers shall be provided for all developments seeking site plan approval as required by this chapter.

(d)

Buffer width requirements.

(1)

Except as modified below, buffer width requirements for one-story developments, including parking lots, shall be:

      Table 111-142. Buffer Width Requirements

(2)

For multi-story developments, the buffer width is an additional ten feet for each upper story.

(e)

Buffer landscaping.

(1)

A buffer shall consist of landscaping to include a dense landscape screen.

(2)

The buffer screen shall be at least 25 percent of the width of the required buffer. The screen shall include a six-foot-high wall or fence with a five-foot-wide landscape area located along the property line. Where a proposed nonresidential development will abut a residential development or zone, the five-foot-wide landscape area shall be located outside the six-foot-high wall or fence. A taller wall or fence may be required by the community development director to adequately screen the proposed development site.

(3)

The fence or wall included in the buffer screen shall be constructed with the side of the fence or wall with the finished appearance facing the use of lesser intensity.

(4)

An opening through a buffer area may be provided to facilitate pedestrian or vehicular traffic between developments subject to the approval of the community development director; however, no parking spaces shall be located within the buffer.

(5)

Excluding the buffer screen area, a dry retention area may be located in a buffer. Existing plant material within a dry retention area shall not be credited towards meeting the landscape requirements of this chapter.

(f)

Parking area landscaping for multifamily and all nonresidential developments. Parking area landscaping adjacent to streets. On the site of a multifamily or a nonresidential development which includes a parking area, landscaping shall be installed as follows:

(1)

A landscaped strip of land not less than ten feet in width shall be between the parking area and the abutting street or right-of-way.

(2)

The landscaping within that strip shall include:

a.

One tree for every 30 linear feet of required landscape strip planted singly or in clusters, but not more than 50 feet apart, located between the common lot line and the parking area with no less than 50 percent of the trees being canopy trees;

b.

Other landscaping such as shrubs or vines, planted five feet on-center of the strip towards the street side; and

c.

Grass, ground cover or other landscape treatment.

(g)

Parking area landscaping adjacent to private property.

(1)

A landscaped strip of land not less than five feet in width shall be located between the parking area and the abutting private property.

(2)

The landscaping within that strip shall include:

a.

One tree for every 30 linear feet of required landscape strip planted singly or in clusters, but not more than 50 feet apart, located between the common lot line and the parking area;

b.

Other landscaping such as shrubs or vines, planted five feet on-center of the strip towards the street side; and

c.

Grass, ground cover or other landscape treatment.

(h)

Parking area interior landscaping. Interior landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. Parcels requiring more than ten off-street parking spaces shall contain landscaping and planting as follows:

(1)

Interior landscaped islands shall be provided between every ten parking spaces. Each interior island shall be not less than eight feet in width. Each interior island shall contain not less than one canopy tree and a combination of shrubs, ground cover and grass. Any hedge materials located within an interior landscaped island shall be maintained at a height of not more than 24 inches.

(2)

Terminal landscaped islands shall be provided at the end of each parking row. Full terminal landscaped islands shall not be less than ten feet in width. Each terminal island shall contain not less than two canopy trees and a combination of shrubs, groundcover and grass.

(3)

Interior landscaped medians shall be provided between each row of opposing spaces not separated by a circulation aisle. Such landscaped area shall not be less than eight feet in width and shall be landscaped with one tree for every 30 linear feet of required landscape strip planted singly or in clusters, but not more than 50 feet apart, and a combination of shrubs, ground cover, grass and mulch.

(4)

Interior and terminal landscaped islands shall not be utilized for surface water storage and shall be filled or crowned. Such islands shall also be irrigated.

(i)

Development landscaping requirements.

(1)

Single-family and two-family developments. Newly constructed single-family and two-family development projects shall include the following minimum landscaping:

a.

Grass, bark and gravel landscaped complete front, complete side and partial rear (within 20 feet of the residence) yards.

b.

One and one-half inch caliper (diameter) tree in the front yard and at least one tree in the rear yard of each new lot.

c.

Five shrubs with a minimum 18-inch spread. No trees or shrubs shall be installed within five feet of the building foundation wall.

(2)

Multifamily residential development. Multifamily residential development shall provide a landscaped strip of land of not less than ten feet in width between the building walls and the parking areas, planted as follows.

a.

Not less than one tree for every 20 linear feet of required landscape area, with no less than 50 percent being canopy trees, located between the building walls and parking areas.

b.

A hedge or other durable landscape barrier not less than three feet in height at installation placed in a continuous manner along the building walls.

c.

Multifamily residential development shall provide not less than one tree for each 1,500 square feet or fraction thereof, of development site.

d.

Not less than 20 percent of the development site shall be landscaped.

(j)

Commercial and other nonresidential development landscaping. A commercial or other nonresidential development shall include one existing or planted tree for every 2,500 square feet, or fraction thereof, of the development site. Not less than 20 percent of the developed site shall be landscaped.

(Code 1993, pt. III, ch. 5, § 17)

(a)

Protected tree species and criteria.

(1)

Protected trees are those trees which warrant special consideration and encouragement for preservation. These trees may be designated for preservation because of rarity, aesthetic value, historical value, botanical importance, and importance to overall community planning and size. The size or condition of trees will be evaluated by the community development director to determine if they qualify as specimen trees.

(2)

Protected tree species.

a.

Any tree native to the area which has reached a DBH of not less than six inches.

b.

Historic trees, which are those that have achieved 50 percent or more of the typical DBH for that species.

(b)

Permit required.

(1)

No protected tree shall be removed without a tree removal permit pursuant to article XIII of this chapter.

(2)

The tree protection requirements of this section shall apply to all multifamily, nonresidential, manufactured home park and subdivision developments. Building permits for the construction of new detached single-family residences, including manufactured homes not located in a manufactured home park, are not subject to the requirements of this section. Bona fide agricultural uses and operations are also exempt from the provisions of this section.

(c)

Tree protection requirements for protected trees.

(1)

Trees that meet the requirements under subsection (a) of this section and that are located within a development or redevelopment site or lot shall be protected to the maximum extent possible.

(2)

All practical measures shall be taken to leave protected trees in place and preserved within development sites.

(3)

Protected trees within parking areas shall be preserved with tree wells or other appropriate measures, if practical.

(4)

Any parking space requirement that would require the removal of a protected tree may be waived by the community development director if no fewer than 90 percent of the required parking spaces will be provided. Otherwise, protected trees shall be relocated within the project site.

(d)

Tree replacement requirements for protected trees.

(1)

Relocation. Protected trees within building envelopes or for which there is no practical alternative for preservation shall:

a.

Be relocated within the project site; or

b.

Be relocated to a site designated by the community development director.

(2)

Replacement. Protected trees, for which relocation is not possible or is not expected to be successful, shall be replaced with like species or species having the potential for comparable size, quality, and longevity.

a.

Physical. Protected trees shall be replaced at a ratio of 1:1 with respect to the DBH, for example a six-inch DBH protected tree shall be replaced either with another six-inch DBH tree or two 4½-inch DBH trees. The minimum size for replacement trees is 4½ inches DBH in order to ensure successful planting.

b.

Monetary. As determined by the community development director, moneys may be contributed as a portion of the tree replacement requirements in place of the physical replacement of trees. This tree replacement payment into the city tree replacement fund shall only be applicable for a maximum 50 percent mitigation of the required number of trees to be replaced. The remaining 50 percent mitigation shall consist of 50 percent of the required trees planted.

(3)

Relocated trees that do not survive at least two years shall, in turn, be replaced. A mechanism for financial assurance that relocated and replacement trees will meet survival criteria shall be provided.

(4)

A site plan shall indicate the preservation of all protected trees in all areas of a development site or lot, including parking areas and open space. The site plan shall show protective actions to ensure the preservation and survival of all protected trees. Tree protection shall consist of chainlink, orange laminated plastic, wooden post or rail fencing or other equivalent material. All devices shall be installed prior to any clearing, grubbing, or grading. The community development director shall inspect and approve the installation of protection control devices before a land disturbance permit is issued.

(e)

Protection during development and construction. To assure the health and survival of protected trees that are not to be removed, the developer shall avoid the following kinds of tree injuries during all development activities:

(1)

Prior to any land preparation or other development activities, a protective barrier easily visible to equipment operators shall be placed around all protected trees so as to encompass the entire tree protection area.

(2)

No attachment, wires, signs or permits may be fastened to any protected tree.

(3)

No equipment, construction materials or debris of any kind shall be placed within the protective barrier.

(4)

Required protective barriers and perimeter lines shall remain in place until all construction activity, except landscaping within the protected area, is terminated.

(5)

No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical or other material or tools of any kind shall be stored, or allowed in any manner to enter, within a required protective barrier or perimeter line.

(6)

No equipment shall be cleaned within a required protective barrier or perimeter line.

(7)

Injuries by grade changes.

(8)

Water, sewer, and other utility lines should be routed around the tree protection zones of protected trees. If a line cannot reasonably be routed around the tree protection zone, the line shall be tunneled beneath the area within the zone. The tunnel shall be off-set to one side of the trunk to prevent damage to the main tap roots.

(9)

Injuries by paving.

(f)

Emergencies/safety. In the case of emergencies such as hurricanes, windstorms, floods, freezes or other disasters or hazards, the requirements of this section may be waived by the city manager or his designee upon a finding that such waiver is necessary so that public or private work to restored order in the community will not be impeded or that the safety of a residence or other building is not compromised.

(g)

Public right-of-way. No trees shall be removed from the public right-of-way except under the direction of the community development director and the city engineer, excluding trees removed by city personnel or authorized agents for the city for maintenance or public safety purposes. No tree shall be planted in the public right-of-way without authorization from the city.

(h)

Clearance of vegetation over streets and sidewalks. Trees and shrubbery shall be trimmed by the city and/or authorized agencies so that there shall be a clear space of eight feet over sidewalks and ten feet over all streets within the city.

(i)

City tree replacement fund.

(1)

Establishment of the city tree replacement fund. The city tree replacement fund is created in association with the city finance department for the purpose of accepting and disbursing payments made to the city as part of tree replacement mitigation and other moneys deposited from penalties for tree removal, illegal grading, or illegal clearing. These moneys shall be placed in an account and shall be used for the sole purpose of funding tree planting and replacement on public property within the city.

(2)

Term of existence. The city tree replacement fund account shall be self-perpetuating from year to year unless specifically terminated by the city commission.

(3)

Purpose. Funds received shall be utilized for acquiring and planting trees for public purposes within the city. Acquired trees shall be suitable to site conditions and listed within the city tree list. Public lands selected for plantings shall be publicly-owned or publicly-managed lands in public rights-of-way.

(4)

Source of funds. Fund moneys may consist of the following:

a.

All moneys collected pursuant to the penalties outlined this article.

b.

All moneys collected as part of tree replacement mitigation allowances.

(5)

Fund administration.

a.

Funds shall be expended, utilized and disbursed only for the purposes designated herein.

b.

The fund shall be a separate set of self-balancing accounts established and maintained by the city.

c.

Funds shall be managed in accordance with this chapter as they relate to financial matters.

d.

Moneys obtained pursuant to this section may be accepted on behalf of the city by the community development director, and upon receipt shall be delivered to the city finance department, which shall cause the same to be credited to the account.

(j)

Violations and penalties.

(1)

Violations shall constitute offenses punishable by the city.

(2)

It shall be unlawful to remove or destroy a tree without first obtaining a permit, where applicable.

(3)

It shall be unlawful to begin construction or development without a land-disturbing permit, and/or tree removal permit, where applicable.

(4)

It shall be unlawful to fail to protect and preserve trees designated for preservation during development.

(5)

It shall be unlawful to fail to replace any dead plants or trees after 60 days' written notice.

(k)

Notification of violations.

(1)

Where it is determined that a violation of this section has occurred, the community development director shall give a written notice to the occupant or owner of the violation and a statement advising that, upon failure to fulfill the requirements of the notice, enforcement procedures may be required.

(2)

All remedial actions must occur no more than 60 days from the date of the written notice.

(l)

Enforcement procedures.

(1)

Routine inspections. The following inspections shall be conducted in conjunction with all development activities under this section.

(2)

Initial inspections. Any inspection by the community development director or his designee shall be conducted prior to approval of any permit application.

(3)

Tree protection inspection. An inspection by the community development director will be performed to ensure proper installation of tree protection devices before site disturbance.

(4)

Final inspection, notice of completion. This inspection reveals that all work has been installed in accordance with the approved permit and tree protection or removal activity has been carried out according to the approved permit and plan.

(m)

Stop-work order. A stop-work order shall be issued:

(1)

When development is being implemented without approved permits.

(2)

When noncomplying work is not stopped upon receipt of a written notice of violation.

(Code 1993, pt. III, ch. 5, § 18)