A.

The intent of the Overlay Districts is to provide additional standards and protections for special or unique areas in the city.

B.

Annexation. When property in a designated overlay district is annexed into the city, the property shall be rezoned to the most similar city district and overlay, if applicable. The official zoning map depicting the boundaries of the overlay district shall be amended to include the newly annexed property.

A.

Purpose. The purpose of the H historic district overlay is to preserve and enhance the historic qualities of both historic residential and downtown areas through the application of guidelines meant to convey a sensitive and thoughtful approach to the preservation of locally designated historic areas.

B.

Applicability. Historic guidelines, the establishment of districts, and the process and procedure for review and approval shall be as established in the document, "City of Douglasville Historic Preservation Guidelines", chapter 48, historic preservation, and as identified in this section.

1.

The historic district guidelines apply to exterior changes to buildings within any locally designated historic district.

2.

The property owner should consult with the community development director to determine the appropriate process and procedures for approval and to determine whether a certificate of appropriateness is required.

3.

Interior changes and paint colors do not require approval from the historic preservation.

4.

Design guidelines are outlined in the document "City of Douglasville Historic Preservation Guidelines", section V., building design and rehabilitation guidelines.

5.

When a property is rezoned, it shall remain in the historic overlay district.

C.

Permittable historic residential land uses. Regardless of the principal zoning, any lot within the H historic overlay district may be used for single-family detached residential if:

1.

The lot has not more than one existing principal structure; and

2.

The lot has a front set back of not less than ten feet, and the front yard is primarily grass or landscaping.

D.

Murals. Murals shall not be painted or affixed on any exterior wall in the H historic overlay district unless such a mural is duplicating a historic mural previously painted on that building or it is to preserve an existing mural currently on a wall or as permitted by an action of the historic preservation commission.

A.

Purpose. The FH flood hazard district is comprised of lands that are subject to periodic flooding. The intent of the regulations within this zoning district is to limit the use of such floodplain lands to prevent flood damage to persons and properties and minimize expenditures for flood relief programs, flood control projects and flood damage repair; preserve drainage courses that will be adequate to carry storm water runoff from existing and future land developments; prohibit landfills or other obstructions to the flow of floodwaters; permit uses that are appropriate on floodplains and utilize effectively this valuable resource.

B.

Restrictions on use within the FH flood hazard overlay district.

1.

Flood hazard overlay district takes precedence over zoning districts. Notwithstanding the uses permitted for the zoning district applying to the property, no building or structure or land shall hereafter be used or occupied as herein provided and no building or structure or part thereof shall be erected, constructed, reconstructed, removed or altered except in conformity with the requirements of this section when such lands fall within the flood hazard overlay district. Where this overlay district coincides with any other overlay district, the most restrictive requirements shall apply.

2.

Uses permitted in flood hazard areas. Within the FH flood hazard overlay district the following uses are permitted if otherwise permitted within the zoning district:

a.

Agriculture, including forestry and livestock raising, requiring no structure within the flood hazard area except structures for temporary shelter, and including agriculture and forestry access roads.

b.

Dams, provided they are constructed in accordance with specification of the U.S.D.A. Soil Conservation Service, or the U.S. Army Corps of Engineers.

c.

Public parks and recreation areas and facilities including, but not limited to, boat ramps, docks, parking areas, and recreation facilities: private and commercial recreation developments, and campgrounds.

d.

Fences having sufficient open area to permit the free flow of water and debris.

e.

Roads and parking areas constructed in such a manner as to permit the free flow of floodwaters.

f.

Public utility poles, towers, pipelines, sewers, streets, and similar facilities, provided they are constructed in such a manner as to permit the free flow of floodwaters.

g.

Signs, provided they permit the free flow of water.

h.

Other uses may be permitted by special use permit provided they are in accordance with all provisions of this UDO. Such uses include, but are not limited to the following: landing field or heliport; extraction or removal of sand, gravel, earth, clay or other natural resources; greenhouse; plant nursery or truck garden; radio, television or similar towers; accessory parking areas; temporary sawmill or similar; outdoor recreation or amusement; fairs, expositions, and the like.

C.

Floodplain management and flood damage prevention standards.

1.

General provisions.

a.

Purpose and intent. The purpose of this section is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to:

1)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

2)

Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion;

3)

Control filling, grading, dredging and other development which may increase flood damage or erosion;

4)

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands;

5)

Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; and,

6)

Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas.

b.

Applicability. This section shall be applicable to all areas of special flood hazard within the City of Douglasville.

c.

Designation of administrator. The city engineer or their designee is hereby appointed to administer and implement the provisions of this section, 6.03, FH flood hazard. For the purpose of section 6.03, the terms "city engineer" and "development official" are used interchangeably.

d.

Basis for area of special flood hazard—Flood area maps and studies. For the purposes of this section, the following are adopted by reference:

1)

The flood insurance study (FIS), dated December 30, 2020, with accompanying maps and other supporting data and any revision thereto are hereby adopted by reference. For those land areas acquired by the City of Douglasville through annexation, the current effective FIS and data for Douglas County, dated December 30, 2020, with accompanying maps and other supporting data and any revision thereto are hereby adopted by reference. Notwithstanding the above text, references herein to the FIS shall mean the most recent flood insurance study with accompanying maps adopted by the Federal emergency Management Agency for the City of Douglasville's participation in the National Flood Insurance Program.

2)

Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the 100-year floodplain and floodprone areas include:

a)

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, state or federal agency applicable to the City of Douglasville; or

b)

Any base flood study authored by a registered professional engineer in the State of Georgia which has been prepared by FEMA approved methodology and approved by the City of Douglasville.

3)

Other studies which may be relied upon for the establishment of the future conditions flood elevation or delineation of the future conditions floodplain and floodprone areas include:

a)

Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, state or federal agency applicable to the City of Douglasville; or

b)

Any future conditions flood study authored by a registered professional engineer in the State of Georgia which has been prepared by FEMA approved methodology approved by the City of Douglasville.

4)

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the office of the Douglasville Development Official.

e.

Compatibility with other regulations. This section is not intended to modify or repeal any other ordinance, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this UDO are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or impose higher protective standards for human health or the environment shall control.

f.

Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this section shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this UDO.

g.

Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Douglasville or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

2.

Permit procedures and requirements.

a.

Permit application requirements. No owner or developer shall perform any development activities on a site where an area of special flood hazard is located without first meeting the requirements of this section prior to commencing the proposed activity. Unless specifically excluded by this section, any landowner or developer desiring a permit for a development activity shall submit to the City of Douglasville a permit application on a form provided by the City of Douglasville for that purpose. No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this section.

b.

Floodplain management plan requirements. An application for a permit authorized by this UDO with any area of special flood hazard located on the site will be required to include a floodplain management/flood damage prevention plan. This plan shall include the following items:

1)

Site plan drawn to scale, which includes but is not limited to:

a)

Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment;

b)

For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;

c)

Proposed locations of water supply, sanitary sewer, and utilities;

d)

Proposed locations of drainage and stormwater management facilities;

e)

Proposed grading plan;

f)

Base flood elevations and future conditions flood elevations;

g)

Boundaries of the base flood floodplain and future conditions floodplain;

h)

If applicable, the location of the floodway; and

i)

Certification of the above by a registered professional engineer or surveyor.

2)

Building and foundation design detail, including but not limited to:

a)

Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures;

b)

Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;

c)

Certification that any proposed nonresidential floodproofed structure meets the criteria in subsection 6.03.C.4.b.2)., nonresidential buildings;

d)

For enclosures below the base flood elevation, location and total net area of foundation openings as required in subsection 6.03.C.4.a.5)., elevated buildings.

e)

Design plans certified by a registered professional engineer or architect for all proposed structure(s).

3)

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

4)

Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, future conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all other computations and other information similar to that presented in the FIS;

5)

Copies of all applicable state and federal permits necessary for proposed development; and

6)

All appropriate certifications required under this article.

The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

c.

Construction stage submittal requirements.

1)

For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the development official a certified as-built elevation certificate or floodproofing certificate for nonresidential construction including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed.

2)

A final elevation certificate shall be provided after completion of construction including final grading of the site.

3)

Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.

4)

When floodproofing is utilized for nonresidential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The development official shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make the corrections required hereby shall because to issue a stop-work order for the project.

d.

Duties and responsibilities of the development official. Duties of the development official shall include, but shall not be limited to:

1)

Review all development applications and permits to assure that the requirements of this section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;

2)

Require that copies of all necessary permits from governmental agencies from which approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, be provided and maintained on file;

3)

When base flood elevation data or floodway data have not been provided, then the development official shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to meet the provisions of sections 6.03.C.3. and 6.03.C.4.;

4)

Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures;

5)

Review and record the actual elevation, in relation to mean sea level to which any new and substantially improved structures have been floodproofed;

6)

When floodproofing is utilized for a nonresidential structure, the development official shall obtain certification of design criteria from a registered professional engineer or architect;

7)

Notify affected adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

8)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions) the development official shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section. Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps; and,

9)

All records pertaining to the provisions of this section shall be maintained in the office of the development official and shall be open for public inspection.

3.

Standards for development.

a.

Definition of floodplain boundaries.

1)

Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available.

2)

For all streams with a drainage area of 100 acres or greater, the future conditions flood elevations shall be provided by the City of Douglasville. If future conditions elevation data is not available from the City of Douglasville, then it shall be determined by a registered professional engineer using a method approved by FEMA and the City of Douglasville.

b.

Definition of floodway boundaries. The width of a floodway shall be determined from the FIS or FEMA approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the City of Douglasville. If floodway data is not available from the City of Douglasville, then it shall be determined by a registered professional engineer using a method approved by FEMA and the City of Douglasville.

c.

General standards.

1)

No development shall be allowed within the future conditions floodplain that could result in any of the following:

a)

Raising the base flood elevation or future conditions flood elevation;

b)

Reducing the base flood or future conditions flood storage capacity;

c)

Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future conditions flood as they pass both the upstream and the downstream boundaries of the development area; or

d)

Creating hazardous or erosion producing velocities or resulting in excessive sedimentation.

2)

Any development within the future conditions floodplain allowed under (a) above shall also meet the following conditions:

a)

Compensation for storage capacity shall occur between the average groundwater table elevation and the base flood elevation for the base flood, and between the average groundwater table elevation and the future condition flood elevation for the future conditions flood and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (predevelopment) stream channel unless such excavation results from the widening or relocation of the stream channel;

b)

Cut areas shall be stabilized and graded to a slope of no less than two percent;

c)

Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased;

d)

Verification of no-rise conditions, flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of subsection 6.03.C.3.d., engineering study requirements for floodplain encroachments.

e)

Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from floodwaters; and

f)

Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. The CLOMR submittal shall be subject to approval by the City of Douglasville using the community consent forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six months of the completion of construction, the applicant shall submit as-built surveys for a final letter of map revision (LOMR).

d.

Engineering study requirements for floodplain encroachments. An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb any land within the future conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and/or floodways for which the provisions of section 6.03.C.3.d., engineering study requirements for floodplain encroachments, apply. This study shall be prepared by a currently registered professional engineer in the State of Georgia and made a part of the application for a permit. This information shall be submitted to and approved by the City of Douglasville prior to the approval of any permit which would authorize the disturbance of land located within the future conditions floodplain. Such study shall include:

1)

Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development;

2)

Step-backwater analysis, using a FEMA approved methodology approved by the City of Douglasville. Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood profiles, and future conditions flood profiles;

3)

Floodplain storage calculations based on cross-sections (at least one every 100 feet) showing existing and proposed floodplain conditions to show that base flood floodplain and future conditions floodplain storage capacity would not be diminished by the development;

4)

The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future conditions floodplain encroachments.

e.

Floodway encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

1)

Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway, except for activities specifically allowed in subsection 2 below.

2)

Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof; and,

3)

If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the City of Douglasville until an affirmative conditional letter of map revision (CLOMR) is issued by FEMA and no-rise certification is approved by the City of Douglasville.

f.

Maintenance requirements. The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not diminished. The City of Douglasville may direct the property owner (at no cost to the City of Douglasville) to restore the flood carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the City of Douglasville.

4.

Provisions for flood damage reduction.

a.

General standards. In all areas of special flood hazard the following provisions apply:

1)

New construction of principal buildings (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the future conditions floodplain, unless all requirements of subsections 6.03.C.3.c., general standards, 6.03.C.3.d., engineering study requirements for floodplain encroachments, and 6.03.C.3.e., floodway encroachments, have been met;

2)

New construction or substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;

3)

New construction or substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage;

4)

New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage;

5)

Elevated buildings. All new construction and substantial improvements of existing structures that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished and flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater.

a)

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

i.

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

ii.

The bottom of all openings shall be no higher than one foot above grade; and,

iii.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions.

b)

So as not to violate the "lowest floor" criteria of this section, the unfinished and flood resistant enclosure shall solely be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and,

c)

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

6)

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located three feet above the base flood elevation or one foot above the future conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding;

7)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

8)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

9)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

10)

On-site waste disposal systems shall be located and constructed to avoid impairment to them, or contamination from them, during flooding; and,

11)

Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this article, shall be undertaken only if the nonconformity is not furthered, extended or replaced.

12)

If the proposed development is located in multiple flood zones or multiple base flood elevation cross the proposed site, the higher or more restrictive base flood elevation or future condition elevation and development standards shall take precedence.

b.

Building standards for structures and buildings within the future conditions floodplain. The following provisions, in addition to those in subsection 6.03.C.4. shall apply:

1)

Residential buildings.

a)

New construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future conditions floodplain unless all requirements of subsections 6.03.C.3.c., general standards, 6.03.C.3.d., engineering study requirements for floodplain encroachments, and 6.03.C.3.e., floodway encroachments, have been met. If all of the requirements have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 6.03.C.4.a.5)., elevated buildings.

b)

Substantial improvements. Substantial improvement of any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 6.03.C.4.a.5)., elevated buildings.

2)

Nonresidential buildings.

a)

New construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future- conditions floodplain unless all 6.03.C.3.c., general standards, 6.03.C.3.d., engineering study requirements for floodplain encroachments, and 6.03.C.3.e., floodway encroachments, have been met. New construction that has met all of the requirements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one foot above the base flood elevation, or at least as high as the future conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the development official.

b)

Substantial improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH flood hazard zones, may be authorized by the development official to be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one foot above the base flood elevation, or at least as high as the future conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above and shall provide such certification to the development official.

3)

Accessory structures and facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking lots, recreational facilities and other similar uninhabitable structures and facilities) which are permitted to be located within the limits of the floodplain shall be constructed of flood resistant materials and designed to pass all floodwater in accordance with subsection 6.03.C.4.a.5)., elevated buildings. and be anchored to prevent flotation, collapse or lateral movement of the structure.

4)

Standards for recreational vehicles. All recreational vehicles placed on sites must either:

a)

Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or

b)

The recreational vehicle must meet all the requirements for residential buildings—substantial improvements (subsection 6.03.C.4.b.1).b).), including the anchoring and elevation requirements.

5)

Standards for manufactured homes.

a)

New manufactured homes shall not be allowed to be placed within the limits of the future conditions floodplain unless all requirements 6.03.C.3.c., general standards, 6.03.C.3.d., engineering study requirements for floodplain encroachments, and 6.03.C.3.e., floodway encroachments, have been met.

b)

Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision shall be elevated so that either:

i.

The lowest floor of the manufactured home is elevated no lower than three feet above the level of the base flood elevation, or one foot above the future conditions flood elevation, whichever is higher; or

ii.

The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade.

c)

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with standards of subsection 6.03.C.4.a.7).

c.

Building standards for structures and buildings authorized adjacent to the future conditions floodplain.

1)

Residential buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three feet above the base flood elevation or one foot above the future conditions flood elevation, whichever is higher.

2)

Nonresidential buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one foot above the level of the base flood elevation or at least as high as the future conditions flood elevation, whichever is higher.

d.

Building standards for residential single—Lot developments on streams without established base flood elevations and/or floodway (A-zones). For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A-zones), the development official shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future conditions flood elevation data available from a federal, state, local or other source, in order to administer the provisions and standards of this section. If data are not available from any of these sources, the following provisions shall apply:

1)

No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater.

2)

In special flood hazard areas without base flood or future conditions flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with subsection 6.03.C.4.a.5)., elevated buildings.

e.

Building standards for areas of shallow flooding (AO-zones). Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. In these areas the following provisions apply:

1)

All substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than one foot above the flood depth number in feet specified on the flood insurance rate map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 6.03.c.2.a.1)

2)

Substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one foot above the highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice; and

3)

Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

f.

Standards for subdivisions.

1)

All subdivision proposals shall identify the special flood hazard area and provide base flood elevation data and future conditions flood elevation data;

2)

All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future conditions floodplain such that encroachments into the future conditions floodplain for residential structures will not be required;

3)

All subdivision plans will provide the elevations of proposed structures in accordance with subsection 6.03.C.2.b, floodplain management plan requirements.

4)

All subdivision proposals shall be consistent with the need to minimize flood damage;

5)

All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of floodwaters, and discharges from the systems into floodwaters; and

6)

All subdivision proposals shall include adequate drainage and stormwater management facilities per the requirements of the City of Douglasville to reduce potential exposure to flood hazards.

5.

Variance. Any person to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance resulting from the lowest floor elevation being placed below the base elevation will be commensurate with the increased risk to life and property, and that such costs may be as high as $25.00 for each $100.00 of insurance coverage provided.

For flood management purposes the following definitions apply:

Basement: any area of the building having its floor subgrade (below ground level) on all sides.

Building: see structure

Expansion to an existing manufactured home park or subdivision: the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Existing manufactured home park or subdivision: a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 25, 1982.

Existing construction: for the purpose of determining rates, structures for which the "start of construction" commenced before June 25, 1982. "Existing construction" may also be referred to as "existing structures."

Manufactured home park or subdivision: a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

New construction: any structure for which the "start of construction" commenced on or after June 25, 1982 and includes any subsequent improvements to the structure.

Recreational vehicle: a vehicle which is:

(a)

Built on a single chassis;

(b)

Four hundred square feet or less when measured at the largest horizontal projection;

(c)

Designed to be self-propelled or permanently towable by a light duty truck; and

(d)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Structure: for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means:

(a)

A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;

(b)

A manufactured home ("a manufactured home," also known as a mobile home, is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or

(c)

A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the City's floodplain management and building ordinances or laws.F

For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or similar vehicle, except as described in (c) of this definition, or a gas or liquid storage tank.

Substantial damage: damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. This term includes repetitive loss.

Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement to a structure, taking place during a 10-year period, in which the cumulative costs equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of a building means (1) the appraised value of the structure prior to the of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. The term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include those improvements of a structure required to comply with existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions, which have been identified by the building official. The term does also not include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

(Ord. No. O-2020-70, § 1, 11-16-20; Ord. No. O-2022-8, §§ 8, 9, 3-7-22)

A.

Purpose. Environmental districts are established for the following purposes:

1.

To promote health, safety and general welfare, and to minimize public and private losses due to erosion, siltation and water pollution.

2.

To create vegetation buffer areas adjacent to rivers, creeks and streams, and to protect wetlands and groundwater recharge areas.

B.

Restrictions on use within the environmental overlay districts.

1.

Authority. The Official State of Georgia Department of Natural Resources Rules for Environmental Planning Criteria (Chapter 391-3-16), established pursuant to O.C.G.A. section 12-2-8, the Metropolitan River Protection Act (O.C.G.A. sections 12-5-440 through 12-5-457), and other relevant rules and statutes.

2.

Characteristics of environmental overlay districts. These districts shall overlay the base zoning of properties so that all land within the various environmental overlay districts shall also have a base zoning classification. Each parcel within these overlay districts shall be subject to the regulations of both the base zoning district and the overlay district(s) within which it lies. If there is a conflict or redundancy between the regulations and standards of the zoning district and the overlay zone, the more restrictive regulation shall govern.

3.

Districts.

a.

Groundwater recharge area protection district (GW). The GW district is established to protect the quality of groundwater by regulating land uses within significant groundwater recharge areas. This is necessary to protect the public health, safety, and welfare, particularly those persons and communities who rely on groundwater as their source of potable water supply.

The GW district is mapped on the Official Zoning Map of Douglasville corresponding to the areas mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1999 edition.

1)

No construction may proceed on a building or mobile home to be served by a septic tank unless the Douglas County Health Department first approves the proposed septic tank installations as meeting the requirements of the Georgia Department of Human Resources for On-Site Sewage Management (DHR Manual), and sections 6.04 B.3.a.2) and 6.04 B.3.a.3).

2)

New homes served by a septic tank/drain field system shall be on lots having at least 110 percent of the subdivision minimum lot size calculated based on application of Table MT-1 in the DHR Manual. The minimums set forth in Table MT-1 may be increased further based on consideration of other factors set forth in sections A—F of the DHR Manual. However, any lot of record approved prior to the adoption of these regulations is exempt from this requirement.

3)

New mobile home parks shall be served by sanitary sewer.

4)

New agricultural waste impoundment sites shall be lined if they exceed 50 acre-feet. As a minimum, the liner shall be constructed of compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than five × 10-7cm/sec. or other criteria established by the Natural Resource and Conservation Service.

5)

New above-ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall have secondary containment for 110 percent of the volume of such tanks or 110 percent of the volume of the largest tank in a cluster of tanks. Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements.

6)

New facilities that handle hazardous materials of a type and amounts requiring a permit from the Department of Natural Resources or that require disposal at a hazardous materials facility by a hazardous materials handler permitted or licensed by the Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems. Such spill and leak collection systems shall be shown on the development plan in detail and must be approved as part of the development plan.

b.

Wetlands protection district (WP). The WP district is established to promote the protection of wetlands in Douglasville, which are indispensable, fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. Furthermore, they provide habitat areas for fish, wildlife, and vegetation; water quality maintenance and pollution control; flood control; erosion control; opportunities for study and education; and open space and recreational opportunities.

Wetlands are commonly lost or impaired by draining, dredging, filling, excavating, building, pollution, and other acts. Piecemeal and cumulative losses will have the effect of destroying additional wetlands over time. Damaging or destroying wetlands threatens public safety and the general welfare.

The WP district shall comprise the following two categories: all lands mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetlands Inventory Maps (Generalized Wetlands Map); and all lands that, in the course of development review, are determined by Douglasville to have significant evidence of wetlands.

The generalized wetlands map is hereby adopted by reference and declared to be a part of this UDO, together with all explanatory matter thereon and attached thereto. The generalized wetlands map cannot serve (and therefore should not be used) as a substitute for a delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any action by Douglasville under this UDO does not relieve the landowner from federal or state permitting requirements.

1)

No activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material in waters of the U.S. (excepting those activities exempted in section 404 of the Federal Clean Water Act) will be permitted within the WP district without written permission or a permit from Douglasville.

2)

A wetlands delineation by the U.S. Army Corps of Engineers shall be required in the following circumstances:

a)

If the area proposed for development is located within 100 feet of an area delineated as wetlands by the generalized wetlands map as determined by city staff.

b)

If an area within a development site is determined by city staff to have significant evidence of wetlands.

3)

If the corps determines that wetlands are present on a proposed development site, the local permit or permission will not be granted until a Section 404 Permit or Letter of Permission is issued.

4)

Permitted uses. The following uses shall be allowed as of right within the wetlands protection district to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, provided they do not require structures, grading, fill, draining, or dredging except as provided herein, and provided they have no impact on a navigable waterway that would necessitate acquisition of a Section 404 permit or a permit under Section 10 of the Rivers and Harbors Act.

a)

Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the United States in such a way that would require an individual 404 Permit.

b)

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

c)

Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.

d)

The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

e)

The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed, and the approved agricultural best management practices are followed.

f)

Education, scientific research, and nature trails.

5)

Prohibited uses. The following uses are prohibited within the wetlands protection district.

a)

Receiving areas for toxic or hazardous waste or other contaminants;

b)

Hazardous or sanitary waste landfills;

c)

Any other use not specifically exempted as noted above or properly approved by Douglasville and relevant state and federal agencies.

c.

Watershed protection districts. In order to provide for the health, safety, welfare, and quality of life of the public within Douglasville and surrounding communities, it is essential that the quality of public drinking water be assured. Land disturbance and development can increase erosion and sedimentation that decreases the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxins, nutrients, and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable for recreation.

The purpose of these districts is to establish measures to protect the quality and quantity of the present and future water supply of Douglasville, as well as the City of East Point and jurisdictions downstream from Douglas County; to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of water supply watersheds.

These district regulations are designed for compliance with O.C.G.A. § 12-2-8 and the Official Georgia Department of Natural Resources Rules for Environmental Planning, as well as for consistency with the goals of the Douglasville Comprehensive Plan.

All land within incorporated Douglasville is regulated by one of the watershed protection districts. The districts are established and designated on the Official Zoning Map of Douglasville corresponding to the topographical features that delimit the drainage basins of the respective creeks, rivers and reservoirs.

1)

General regulations for all watershed protection districts.

a)

Required stream buffers (but not regulated streams or wetlands) may be included in the gross land area for purposes of calculation of the percentage of a site's impervious surface area.

b)

All property within watershed protection districts may be developed or re-developed as permitted by its base zoning, provided the development is also in compliance with these watershed protection regulations.

c)

The following uses are exempt from watershed protection district regulations (with some limitations and conditions as noted):

i.

Development and land use legally established prior to the adoption of these regulations.

ii.

Mining activities permitted by the Department of Natural Resources under the Surface Mining Act (outside of stream buffer areas).

iii.

Specific forestry and agricultural activities (outside of stream buffer areas) that are consistent with best management practices established by the Georgia Forestry Commission/Department of Agriculture and do not impair the quality of streams.

d)

Watershed Protection Regulations Table.

Table footnotes:

1.

See definition of "stream, perennial" article 13, definitions.

2.

Regulated activities include all impervious surfaces, septic tanks, drain fields, and animal/livestock pasturing, keeping, or grazing.

3.

Measured from edge of wetlands where present.

4.

See definition of "impervious surface", article 13, definitions. For most development, impervious surface calculations shall be required on a lot-by-lot basis. However, in master planned communities, the maximum percentage can be met on a project-wide basis provided that the project is planned in detail and adequate controls are established (through deed restrictions, zoning plans and conditions, or other mechanisms) to ensure compliance.

e)

Regulatory requirements for stream buffers. All stream buffer areas shall be maintained with appropriate indigenous plant species for the maintenance of groundcover and limitation of erosion.

Undisturbed natural vegetation is the preferred, optimum state of a stream buffer. In the alternate, careful re-establishment of indigenous vegetation and ground cover is encouraged.

No construction, grading, clearing, grubbing, excavating, filling, or other land disturbing activity shall be permitted within the stream buffer. As an exception to this rule, the following limited uses may be established within the buffer provided that: land disturbance and impact in the stream buffer is minimized to the greatest extent possible; proper soil erosion and sedimentation control is established and maintained; and the disturbed area is stabilized and appropriately revegetated as soon as possible following the completion of approved work within the buffer.

i.

Sanitary sewer lines may be located along and across stream buffers, if it is determined by water and sewer authority (WSA) that no reasonable design alternative exists.

ii.

Other utility lines may cross stream buffers, when it is determined by the utility provider that no reasonable design alternative exists.

iii.

Private driveways and public roads may cross stream buffers as near as possible to 90 degrees when necessary and as approved by Douglasville in the subdivision or development review process.

iv.

Recreational amenities (such as trails, wildlife observation stands, and other low impact uses) when approved by Douglasville as an element of a development plan.

v.

Cutting and clearing (with handheld tools) of live trees less than two inches in caliper measure at a point four and one-half feet above grade, and dead trees, provided the stumps and root structure of trees are left in place to ensure minimal soil erosion potential.

f)

Regulatory requirements for reservoir buffers.

i.

Buffers around public water supply reservoirs shall be maintained as required in the watershed management plans for the respective reservoirs. In no case shall the required buffer be less than 150 feet in width.

ii.

Buffers around private reservoirs shall meet the same criteria as for stream buffers in subsection 6.04 B.3.c.1)e), regulatory requirements for stream buffers. However, all improved areas within the required buffers of existing private reservoirs (such as lawns, docks, patios, etc.) may continue to be maintained as they exist at the time of the adoption of these regulations.

2)

Dog River watershed. This is a small water supply watershed that contains a reservoir. An intake for the Douglasville Douglas County Water and Sewer Authority (WSA) is located on this reservoir. The watershed management plan for the Dog River Reservoir drainage basin has been established by WSA to protect this water system. The following regulations are established to further protect the watershed.

a)

Stream buffer widths, setbacks from streams, impervious surface limits, and maximum residential density shall be regulated as specified in the table located in subsection 6.04 B.3.c.1)d), watershed protection regulations.

b)

Applications to rezone property to industrial classifications within the Dog River watershed shall not be accepted for consideration by the staff nor be approved by the mayor and city council.

3)

Bear Creek watershed. This is a small water supply watershed that contains a reservoir. An intake for WSA is located on this reservoir. The watershed management plan for the Bear Creek Reservoir drainage basin has been established by WSA to protect this water system. The following regulations are established to further protect the watershed.

a)

Stream buffer widths, setbacks from streams, impervious surface limits, and maximum residential density shall be regulated as specified in the table located in subsection 6.04 B.3.c.1)d), watershed protection regulations.

b)

Applications to rezone property to industrial classifications within the Bear Creek watershed shall not be accepted for consideration by the staff nor be approved by the mayor and city council.

4)

Anneewakee Creek watershed (including subwatersheds A and B). This is a small water supply watershed that does not contain a reservoir. An intake for WSA is located on this creek. The following regulations are established to protect the watershed.

a)

Stream buffer widths, setbacks from streams, impervious surface limits, and maximum residential density shall be regulated as specified in the table located in subsection 6.04 B.3.c.1)d), watershed protection regulations.

b)

Within subwatershed A, new facilities which handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts of 10,000 pounds or more on any one day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements or the requirements of the standard fire prevention code.

5)

Sweetwater Creek watershed (including Beaver Run and Gothards Creek subwatersheds). This is a large water supply watershed. An intake for the City of East Point is located on this creek. This watershed also contains the Sparks Reservoir, an embayment of Beaver Run Creek, which is owned and managed by the City of East Point. A watershed management plan has been established to protect the reservoir. The following regulations are established to further protect the watershed.

a)

Stream buffer widths and setbacks from streams shall be regulated as specified in the table located in subsection 6.04 B.3.c.1)d), watershed protection regulations.

b)

New facilities located within seven miles of a water supply intake or reservoir, which handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts of 10,000 pounds or more on any one day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements or the requirements of the standard fire prevention code.

6)

Other watersheds. Streams within areas of the city that are not classified as small or large water supply watersheds (such as the Chattahoochee River direct drainage basin and the Hurricane Creek watershed) are also worthy of protection for the welfare and safety of the public. The following regulations are established to protect these watersheds.

Stream buffer widths shall be regulated as specified in the table located in subsection 6.04 B.3.c.1)d), watershed protection regulations.

d.

Chattahoochee River protection district (CRP).

1)

All lands within 2,000 feet of the Chattahoochee River are protected by the Metropolitan River Protection Act (MRPA) as established in O.C.G.A. sections 12-5-440 through 12-5-457. MRPA requires a 50-foot undisturbed vegetative buffer and 150-foot impervious surface setback on the Chattahoochee and its impoundments and a 35-foot undisturbed vegetative buffer (all measured from the edge of the water) on perennial tributary streams in a Corridor extending 2,000 feet from either bank of the river and its impoundments. The Corridor extends from Buford Dam to the downstream limits of the Atlanta region (Douglas and Fulton Counties). Streams in the basin of the Corridor are required to be protected by buffers. The CRP district is depicted on the Douglasville Zoning Map coincident with the corridor of protection established by MRPA.

2)

All land disturbance, land use, and development within the CRP must be reviewed by the Atlanta Regional Commission (ARC) as required by MRPA. No land use or development permit shall be approved by the city prior to the necessary review and approval by ARC pursuant to the requirements of MRPA.

A.

Purpose. The quality growth development overlay district is established to promote high quality development in areas of the city that are largely undeveloped but in the path of rapid, substantial residential, commercial, or industrial development that is anticipated will radically change the character of the lands within the district boundaries. This district is designed to encourage high quality development by establishing restrictions and standards to protect the natural environment, promote optimum development, and so that investment values will be maximized and will not be endangered by unsightly, undesirable, or incompatible developments springing up on adjacent properties in the foreseeable future.

B.

Scope of regulations. Any multi-family residential, commercial, office, office distribution, or industrial use within the quality growth development overlay district, in addition to meeting all requirements and standards of this UDO and of the district within which it is located, shall also comply with the minimum standards and restrictions of this section.

C.

Intent.

1.

The quality growth development overlay district overlays other zoning districts so that all lands lying within the quality growth development overlay district also are included within other zoning districts. Each parcel of land within the quality growth development overlay district shall be subject to the provisions, regulations, standards, and restrictions of both the quality growth development overlay district and of the other zoning districts within which it lies. If there is a conflict between the provisions of the underlying zoning district and the provisions of the quality growth development overlay district, the more stringent provisions shall govern.

2.

The primary goals of the quality growth development overlay district are to provide a positive climate for high quality investment and development, to provide a sense of place and orientation, to provide an attractive and functional environment, to ensure a harmony of uses and development, and to provide a comfortable, secure, and harmonious developed environment.

D.

Prohibited uses. The following uses are prohibited in the quality growth development overlay district:

1.

Rooming/boarding houses.

2.

Industrial launderers.

3.

Lumber yards.

4.

Automotive repair and maintenance to include buses and trucks.

5.

Automotive parking lots as principal uses to include buses and trucks.

6.

All automotive parts/accessory/tire stores.

7.

Outdoor storage as a principal use.

8.

Fueling for trucks and buses.

E.

Site design requirements.

1.

Landscaping requirements.

a.

Generally. Any multi-family residential, commercial, office, office distribution, or industrial use within the quality growth development overlay district, in addition to meeting all requirements and standards of sections 6.03, 6.04 and 9.01 of the Unified Development Ordinance, shall also comply with the landscaping requirements of this subsection.

b.

Landscaping requirements. The location and detail of all required landscaping shall be depicted on the site landscaping plan (see the landscaping requirements of section 8.02 of this UDO.)

1)

Minimum required landscaped area. Each site shall have a minimum landscaped area of 25 percent. The calculated landscaped area may include tree islands within required parking areas.

2)

Frontage landscaping strip. A minimum 25-foot wide landscaped strip adjacent to the street right-of-way shall be provided. Every 100-foot linear of landscape strip must include a minimum of three canopy trees, three understory trees, two evergreen coniferous trees, and 18 shrubs. Planting standards may be reduced up to 50 percent with the provision of a five-foot tall earthen berm running the entire length of the landscape strip.

3)

Side and rear yard landscaping. Unless otherwise required by section 8.02.G.1of the UDO, all required side and rear yards shall be landscaped in accordance with the requirements of this subsection.

4)

Other landscaping areas. All land surfaces other than those covered by permitted buildings, structures, paving, or other required site elements shall be landscaped with well-maintained grass, flowers, shrubs, or other suitable plant materials.

9.[2.]

Screening.

a.

Generally. Any multi-family residential, commercial, office, office distribution, or industrial use within the quality growth development overlay district, in addition to meeting all requirements and standards of sections 2.05.A, 2.05.X and 2.05.GG of this UDO, and sections 8.01 and 10.05, shall also comply with the screening requirements of this subsection.

b.

Requirements for loading areas, service equipment, outdoor storage areas. All loading areas, outdoor service equipment, and outdoor storage areas, including those for trucks, buses, automobiles, or the storage of any other vehicles or equipment shall be screened from street or adjacent property view by an attractive solid masonry wall finished on the exterior side by the same material used for the façade of the building. Such wall shall be not less than five feet in height and no more than eight feet in height. Specific height, as dictated by all applicable ordinance provisions, shall be determined during the site plan review process.

c.

Exceptions for loading areas, service equipment and outdoor storage areas.

1)

Exceptionally, no screening shall be required to separate adjacent uses which are the same or similar.

2)

A portion of the required screening not to exceed 25 percent may be substituted in the form of a natural or structural buffer.

d.

Building landscaping screening. For any building structure which:

1)

Faces a public street or is directly adjacent to a residentially zoned property, and

2)

Has less than 25 percent glazing or openings (doors, windows, and service entries) on the façade facing the public street or residentially zoned property, the lot for such building structure must include a landscaping screen between the building structure and the residentially zoned lot in addition to any buffers required by the UDO. Such screen must be a minimum of 15 feet in width and run the entire length of the subject building façade except where there are breaks for building access. Every 100 feet linear of building landscaping screen must include: six canopy trees (three of which must be evergreen), two understory trees, three evergreen coniferous trees, and 18 shrubs. Canopy trees shall be no less than three inches in caliper and no less than 15 feet in height at the time of planting with a mature height of no less than 25 feet. Understory trees shall be any deciduous or evergreen trees that have the potential to grow to a mature height of less than 40 feet.

10.[3.]

Utilities and service equipment.

a.

All industry standard grade utilities shall be located underground. All manholes, utility boxes, entry fixtures and other service equipment shall be located in side or rear yards and away from walkways. These fixtures shall be adequately screened as provided in this subsection.

b.

All service equipment including but not limited to air conditioning units and other utility or mechanical equipment that will be located on a rooftop shall be screened from ground level view behind a parapet wall or other architectural extension, equal in height to the unit requiring screening. Such parapet or extension shall be compatible to, in design, and integrated architecturally to the building. A parapet or extension of up to eight feet in height will not be included when calculating building height. Ground level view shall be defined as any view of the structure from the property line in any front yard of the property.

11.[4.]

Outdoor storage.

a.

Outdoor storage of merchandise or inventory (other than motor vehicles) may be permitted as outlined in section 2.05.X, outdoor storage, of this UDO regarding outdoor storage. Such outdoor storage shall be screened as required in this subsection.

b.

Outside storage of motor vehicles may be permitted only in paved areas shown on the site plan.

12.[5.]

Sign regulations.

a.

Number and size. Except for lots in the RMP regional marketplace district, only one principal freestanding sign of not more than 60 square feet per street frontage is permitted. Corner lots may use a total of 120 square feet with a maximum of two signs, one per frontage.

b.

Materials. All signs shall be composed of wood, stone or other similar materials.

13.[6.]

Decorative fences and walls.

a.

Materials permitted. Any fences or walls not required for screening under this subsection shall be composed of, stone, decorative iron, or decorative block. If located parallel to a street and within 30 feet of that street, these fences or walls shall comply with the requirements for street-side screening in this subsection.

b.

Prohibited materials; exception. Chain link, unfinished concrete or cinderblock, plastic or fiberglass, barbed or razor wire, and wood fences are prohibited. Paint shall not be used as a finish material. Exceptionally, the above prohibited materials may be utilized on a security fence if located inside an approved screening fence, wall, or other screening element as specified in this subsection.

F.

Building design requirements.

1.

Bulk and setback requirements.

a.

Maximum building coverage. Except for one-story warehouse, storage, or distribution buildings which are limited to a maximum building coverage ratio of 45 percent, the ratio of building coverage to the total lot area shall in no case exceed a ratio of 55 percent.

b.

Floor area ratio. The ratio of total floor area of all buildings on a lot to the total lot area (floor area ratio) shall not exceed a ratio of 150 percent (or one and one-half times the total lot area).

2.

Building finishes, wall planes and roof planes.

a.

Prohibited finish materials. All exterior finish materials such as aluminum, steel, vinyl, mirrored or reflective glass, cinderblock, unfinished concrete, fiberglass or plastic are prohibited, except that architectural detailing and decorative trim of not more than 15 percent of any one façade may be of a substitute material.

b.

Wall planes and roof planes. Any building facing a public street or directly adjacent to a residentially zoned lot shall not have wall planes exceeding 30 feet in length without a change in plane by means such as a vertical recess, projection, change in material or color, or pilaster. Changes in roof plane shall occur at locations with changes in wall planes.

c.

Permitted finish materials for front façades.

1)

Principal materials. All exterior finish materials visible from any public street shall be any of the following:

a)

Brick or brick face;

b)

Natural stone including granite, marble, sandstone, field stone, or any other natural stone;

c)

Manufactured stone including imitation field stone, marble terrazzo, and any other manufactured architectural finish stone;

d)

Clay tile with baked-on enamel finish;

e)

Architecturally treated decorative concrete block;

f)

Fiber cement/cementitious siding (board or plank).

2)

Windows and glass doors. All front façades shall have a minimum of 25 percent glass windows and glass doors on each floor visible from a public street unless directly screened by an adjacent building landscaping screen.

d.

Side and rear façades. All exterior finish materials for side and rear façades shall be any of the following:

1)

Brick or brick face;

2)

Natural stone including granite, marble, sandstone, field stone, or any other natural stone;

3)

Manufactured stone including imitation field stone, marble terrazzo, and any other manufactured architectural finish stone;

4)

Clay tile with baked-on enamel finish;

5)

Architecturally treated decorative concrete block;

6)

Architecturally treated slabs or block either fluted or with exposed aggregate;

7)

Stucco on lathe or an imitation stucco material or an acceptable substitute; or

8)

Cementitious fiber board.

G.

Other requirements.

1.

Buildings and required screens, landscaping and walls shall be well maintained and repaired or replaced in a timely manner should damage or deterioration occur. Any damage or deterioration shall be corrected within 60 days.

2.

There shall be no outdoor loudspeaker systems utilized; or

3.

Lots which include required landscaped yards, setbacks, buffers, or screens, the developer shall submit a maintenance plan as part of project approval, showing proper maintenance and irrigation of landscaped areas, and providing for dead and underperforming plant material to be removed and appropriately replaced.

(Ord. No. O-2020-29, § 1(Exh. A), 6-15-20)