Zoning district regulations are set forth herein in the schedule of district regulations which is hereby adopted by reference as a part of this ordinance.

(Ord. No. 2005-02, § IV, 4-12-05)

There exist certain uses which are deemed to be compatible and acceptable when located in a residential district provided each use meets the space limits of the particular residential district.

The following uses are allowed in all residential districts subject to the restrictions imposed by the district regulations.

Permitted Uses:

Single-family residences.

Existing cemeteries.

Accessory Uses:

Accessory buildings and structures.

Home occupations.

Subdivision recreation areas owned, operated and maintained by Homeowners' Associations exclusively for the use of residents and their guests.

The parking of one unoccupied travel trailer, motor coach or pleasure boat subject to provisions of this ordinance provided the lot is at least 15,000 square feet.

Utility sub-stations when located in accordance with the requirements and space limits set forth in the district provisions. All sub-stations shall have a landscaped and/or masonry barrier on all sides.

Conditional Uses:

Cemeteries.

Public, parochial and private schools and colleges including dormitories, convents, and monasteries when located on the same site as the school or college. The minimum site shall be five acres for such facilities.

Churches, synagogues, chapels, and other places of religious worship and instruction shall have a minimum lot area of four acres. No building or structure shall be located within 25 feet of the property line and a planted buffer strip of minimum width of ten feet shall be installed along the side and rear property lines. No church, synagogue, chapel, or other place of religious worship and instruction shall be located within 100 yards (or 300 feet) of any establishment that sells or offers to sell any distilled spirits in accordance with the licensure and permitting requirements of the state and the city.

Country clubs, including golf courses, swim clubs, tennis clubs, and neighborhood clubhouses, all of which shall be located on a site of not less than one acre and open only to paid membership. Sleeping quarters for other than one caretaker, security guard, or manager shall be prohibited.

(Ord. No. 98-06, § 1, 8-25-98; Ord. No. 2005-02, § IV, 4-12-05; Ord. No. 2013-48, § 1, 9-24-13)

Purpose:Section 902A, Residential construction standards, is designed to provide continuity of quality in existing neighborhoods, to protect property values, to preserve the health and welfare of the citizens of this community, and to continue the tradition of using high quality building materials in all residential construction. The following standards shall become effective upon passage of this ordinance and shall apply to all residential developments, whether single residence or multiple residences. Existing residential lots or developments may remain as developed under previous construction standards, but must come into compliance subject to the provisions contained in Section 502(3) and Section 503(2) and (3) of the city zoning ordinance.

Permitted uses:

Single-family dwellings, pools and related structures.

Recreation areas, including tennis courts or other facilities.

Accessory uses:

Those accessory uses normally associated with residential development (either as a single residence or multiple residences).

Conditional uses:

Those conditional uses normally associated with residential development, as defined in related ordinances.

Space limits:

Maximum building height: 35 feet.

Maximum ground coverage: 40 percent of the impervious area.

Additional development requirements (single residence, multiple residences, or multifamily residences.)

Entrances: No more than three entrances shall be permitted in any development. Said entrances shall have a formalized entrance constructed of brick or stone, noting the name of the development.

Utilities: All utilities including gas, electric, telephone, cable TV, water and sewer shall be located underground. All utility easements shall be reflected on the subdivision plat.

Sidewalks: Sidewalks, five feet in width, shall be installed continuously along both sides of the street; a two-foot grassed strip shall be placed between the back of the curb and the sidewalk. All sidewalks shall have handicap accessible ramps.

Streetlights: Streetlights shall be installed at the expense of the developer; the number and location shall be approved by the public works director or his designee.

Landscaping: Landscaping for the project and the typical landscaping layout for the individual lots must be submitted to the public works director or his designee for approval prior to the approval of the subdivision plan. All lots shall have sodded front and side yards with underground irrigation systems installed. Land clearing and landscaping shall be done in conformance with the city's tree preservation and replacement policy as well as the landscaping ordinance.

Screening: The outer boundary of such development shall be screened. If the topography of the land allows, landscaped berms shall be placed along the boundary of such development to provide an effective screen between this development and the adjoin ing land use. Otherwise, privacy fencing and plantings shall be used in combination to provide an effective screen. Screening of the proposed development shall be reviewed by the public works director or his designee. Final approval of all screening shall rest with the city manager or his designee.

Driveways and walkways:

A.

All lots, buildings, structures and uses of land shall provide off-street parking in an amount sufficient to meet the needs required by the building or use of the land. All off-street parking must be on a paved, dust-free surface subject to specifications on file in the public works department. Parking on the street, the sidewalk, the walkway or on the grass is prohibited. All impervious areas must comply with maximum ground coverage and setback requirements in accordance with the other provisions of this zoning ordinance. Paving in the front setback area of a single-family parcel is limited to the lot size designated by the zoning classification, primary structure, and total impervious surface. No driveway shall connect to an arterial or collector street.

B.

Parking in any multi-family residential development is permitted only in designated parking spaces in accordance with regulations contained in this ordinance.

C.

Driveways are required to connect enclosed garages with the public street for all residential development. All such driveways shall be paved with concrete or asphalt surfaces consistent with adjacent lots in the development. The number of required spaces under the off-street parking standards of Article XII shall be met with respect to driveways. Long-term use of driveways (over 48 hours) for resident parking is prohibited. Such driveway spaces are used for the occasional and interim use of guests. Additionally, no boats, campers or other RVs are allowed for storage outside of an enclosed garage.

D.

A driveway for a single-family parcel may not exceed 24 feet in width along any roadway. Paving in the front yard shall be limited to a maximum of 24 feet in width measured by the line of sight from the roadway to the garage or carport. Driveway aprons shall be installed according to specifications on file in the public works department. The general design of the driveway includes, but is not limited to, curbing, gutters, sidewalk and grass strip.

E.

On corner lots, the paving shall be limited to one driveway. Dual entrances on a single parcel are not allowed. Paving in the side-yard may be considered, but in no case shall be closer than five feet from the property line.

F.

Walkways shall be composed of stone, cast-stone, brick, concrete or special concrete masonry service and used as a passage for walking. Walkways in residential developments may not exceed five feet in width. Parking on a walkway is prohibited.

G.

Minor exceptions to these standards not exceeding 15 percent of the allowable standard may be made by the zoning enforcement officer where substantial conformance with the intent of this section can be shown.

H.

Where extension or expansion of an existing sidewalk or driveway is desired, or necessitated by new construction or renovation work, any extension or addition to the existing driveway or walkway shall be required to match existing materials obtained both in composition and in color. Where new concrete is poured next to an existing driveway, if the new concrete cannot be made to appear similar to the existing concrete, then the existing concrete shall be removed and the entire driveway redone.

Solid waste: Refuse containers and related refuse storage areas shall be screened from view and there shall be no common dumpsters.

Exteriors: The exterior finish of all dwelling units shall be either brick, stone or portland cement-based stucco, installed over wire lathe, backed with ten pound felt. A combination of these finishes will be considered by the city manager or his designee. All exterior finishes are subject to the final approval or disapproval by the mayor and council.

Recreation:

1.

Fifteen percent of the developable area shall be set aside for recreation facilities, and access to these facilities shall be readily available to all of the residents of the individual residential community, including their guests if permitted by the bylaws, rules or other regulations of that community. The proposed recreation improvements shall be illustrated as part of the preliminary plat process. All recreation improvements shall be reviewed by the public works director or his designee. Final approval shall rest with the city manager. The recreation area must be maintained in its original conditional, and the method of maintenance and payment for the same must be included in the subdivision maintenance agreement.

2.

All permanent basketball goals and courts must be in the backyard. No goal shall be in the public street as a court or playing surface. Exceptions because of house location on corner lots may be granted by the city manager. Portable goals are allowed in the front but must be pulled to the side yard after use.

Garages:

1.

An attached, two-car enclosed garage is required for each house, condominium, or apartment. Each garage shall have a side entrance unless other approval is granted during the plan review or by the mayor and council.

2.

A carport or garage addition must be designed and constructed of material, along with a gable roof that will match the primary structure. A lean-to and/o metal pole vertical supports are prohibited.

3.

Carport enclosures must be designed and constructed of materials that match the primary structure. Adequate parking must be included as part of the construction plan.

Storage sheds: All storage sheds constructed after January 1, 1999, must be made of the same exterior building materials as the dwelling. The shed shall be maintained in a fashion that prevents the attraction of vermin and does not subtract from the visual appeal of the surrounding neighborhood.

Covenants: All residential developments built after January 1, 1999, must have protective covenants that prevent the renting of the property to nonfamily members. Furthermore, the covenants must include all elements of the City Code.

Gated communities: All multifamily developments built after January 1, 1999, must have a gated access that is in use at all times. (A card access system is preferred.) All other multifamily properties must provide gated access to their city properties at the change of ownership. All current properties must submit a plan of compliance at the change of 60 percent of their tenants or within three years, whichever comes first. The property must be in full compliance two years after the plan is submitted and approved by the public works director and the city manager.

Residential occupancy limitations:

Privacy. Dwelling units, hotel units, rooming units, and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

Minimum room widths. A habitable room, other than a kitchen, shall not be less than ten feet in any plan dimension. Kitchens shall have a clear passageway of not less than four feet between counter fronts and appliances or counter fronts and walls.

Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet.

Exceptions:

1.

In one-family dwellings, beams or girders spaced not less than four feet on center and projecting not more than six inches below the required ceiling height;

2.

Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches with not less than six feet four inches of clear height under beams, girders, ducts and similar obstructions; and provided that these rooms are equipped with a hard-wired smoke detector with battery back-up;

3.

Attic or the top habitable floor in a multi-floor dwelling that has rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven and one-half feet over not less than 50 percent of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet or more shall be included.

Bedroom requirements.

1.

Area for sleeping purposes. Every bedroom occupied by one occupant shall contain at least 100 square feet of floor area, and every bedroom occupied by more than one occupant shall contain at least 50 square feet of floor area for each occupant thereof.

2.

Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes.

Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of the following table:

Note a: See paragraph 2 of this section for combined living room/dining room spaces.

Note b: See paragraph 1 of this section for limitations on determining minimum occupancy area for sleeping purposes.

1.

Sleeping area. The minimum occupancy area required by the above table shall not be included as sleeping area in determining minimum occupancy area for sleeping purposes. All sleeping areas shall comply with the section that addresses bedroom requirements.

2.

Combined spaces. Combined living room and dining room spaces shall comply with the requirements of the above table if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination of living room/dining room.

Mailboxes: All mailboxes must be compatible with the development. The mayor and council have final architectural approval of said mailboxes. House numbers shall be displayed on the mailboxes in such a manner as to be visible for a distance of 150 feet.

Additional maintenance requirements:

Rental or leased property: All residential property for rent or lease that is not owner occupied is required to pass a fire inspection upon the signing of a lease by a new tenant. Also, when the lease is executed, the owner must meet the current residential landscape, underground utility and irrigation requirements within the Code. All exterior buildings and structures that are in violation of the current codes must be removed. A poured driveway is required under all parked vehicles, and it is the property owner's responsibility to ensure compliance or pour additional driveway to meet the needs of the tenant.

Homeowners' associations and maintenance agreements: All new subdivisions are required to have a homeowners' association and current maintenance agreements.

(Ord. No. 99-01, § 1, 1-12-99; Ord. No. 2001-04, § 1, 2-27-01; Ord. No. 2002-04, § 1, 7-9-02; Ord. No. 2005-02, § IV, 4-12-05; Ord. No. 2009-06, § 10, 5-26-09)

Editor's note— Ord. No. 2009-06, § 11, adopted May 26, 2009, repealed § 903 which pertained to the RS-25 single-family residence 25,000 square foot district and derived from Ord. No. 86-04, adopted March 21, 1986.

Editor's note— Ord. No. 2009-06, § 11, adopted May 26, 2009, repealed § 904 which pertained to the RS-15 single-family residence 15,000 square foot district and derived from Ord. No. 86-04, adopted March 21, 1986.

Editor's note— Ord. No. 2009-06, § 11, adopted May 26, 2009, repealed § 905 which pertained to the RG general residence district and derived from Ord. No. 86-04, adopted March 21, 1986.

Purpose: The RS-80 zoning district provides for the development of single-family residential structures on smaller, individual lots. This district will also allow for more flexibility within the buildable area of the lot. Developments completed within this district will require the installation of various improvements to enhance the aesthetics of this development.

Permitted uses: Single-family dwellings, pool and related structures. Recreation areas including tennis courts, or other facilities.

Accessory uses: Those accessory uses normally associated with residential development.

Conditional uses: Those conditional uses normally associated with residential development.

Space limits:

Minimum lot area: Every lot shall have a land area of not less than 8,000 square feet. On average, there can be no more than four houses per net acre. Net acreage is defined as that property remaining when the set asides (15 percent of the gross) are deducted from the total acreage. No detached outbuildings, clothes lines or chain link fences will be permitted.

Minimum lot width: The minimum lot width shall be 70 feet at the building line. No building shall be constructed on a lot which has less than 25 feet of immediate frontage on at least one public street.

Minimum front yard: A minimum of 35 feet at the street right-of-way; the street right-of-way shall be reduced to 30 feet at the street right-of-way for an attached garage.

Minimum rear yard: Each dwelling shall have a minimum rear yard depth of 25 feet. Houses with rear yards abutting a street shall be provided with an approved buffer/screening and appropriate landscaping between the buffer/screening and the street.

Minimum side yard: The side yard setback shall be no less than eight feet; however, no building shall be closer than 35 feet to the boundary of this district.

Maximum ground coverage: 40 percent of the lot.

Maximum floor area: Dwellings shall have a floor area of not less than 1,400 square feet of heated space, excluding garages and porches. Developments under this district must adhere to the following percentages:

1,400 to 1,499 square feet, no more than 25 percent of the total houses built.

1,500 to 1,699 square feet, no more than 65 percent of the total houses built.

1,700 square feet or more, no less than 35 percent of the total houses built.

Each dwelling shall have a garage or a carport for at least two automobiles, 400 square feet minimum.

Additional development requirements.

Entrances: No more than one entrance per street with a maximum of three entrances shall be permitted. Said entrance shall have a formalized entrance constructed of brick or stone, noting the name of the development, less any form of advertising.

Utilities: All utilities including gas, electric, telephone, cable TV, water and sewer shall be located underground. All utility easements shall be reflected on the subdivision plat.

Sidewalks: Sidewalks, four feet in width, shall be installed continuously along both sides of the street; a three foot grassed strip shall be placed between the back of the curb and the sidewalk. All sidewalks shall have handicap accessible ramps.

Streetlights: Streetlights shall be installed at the expense of the developer; quality, number, and location shall be approved by the public works director or his designee.

Landscaping and exteriors: Landscaping for the project and the typical landscaping layout for the individual lots must be submitted to the public works department for approval prior to approval of the subdivision plan. Landscaping for all lots shall use sod grass (no seed or straw) for the entire yard (front, back, side and any additional area). All lots shall have underground irrigation systems installed. Land clearing and landscaping shall be done in conformance with the city's tree preservation and replacement policy.

One hundred percent of the exterior finishing on the sides and back of a dwelling will be either brick, stone or portland cement based stucco, installed over wire lathe, backed with ten pound felt. A combination of these finishes will be considered.

(The city manager can approve administrative de minimis variances.)

The front surface of a dwelling will be a minimum 75 percent of the aforementioned materials. The remaining 25 percent may incorporate only approved materials to enhance the aesthetics of the dwelling. (see Exhibits A*, B* and C*) No more than one side of a dwelling can be the front, for the purpose of exterior finishes.

The front surface of houses located on a corner lot shall be considered the side which incorporates the main entrance of the dwelling.

*Note—Exhibits A, B and C, referenced above, are not set out herein, but are on file and available for inspection in the city offices.

Screening: The outer boundary of such development shall be screened. If the topography of the land allows, landscaped berms shall be placed along the boundary of such development to provide an effective screen between this development and the adjoining land use. Otherwise, privacy fencing and plantings shall be used in combination to provide an effective screen. Screening of the proposed development shall be reviewed by the planning and zoning board. Final approval of all screening shall rest with the mayor and council.

Driveways: All lots developed shall be provided with a paved driveway. No driveway shall connect to an arterial or collector street. On-street parking is prohibited.

Solid waste: Refuse containers and related refuse storage areas shall be screened from view and there shall be no common dumpsters.

Exteriors: The exterior finish of all dwelling units shall be either brick, stone or portland cement based stucco, installed over wire lathe, backed with ten-pound felt. A combination of these finishes will be considered.

Recreation: 15 percent of the developable area shall be set aside for recreation facilities. The proposed recreation improvements shall be illustrated as part of the preliminary plat process. All recreation improvements shall be reviewed by the city manager or his designee. Final approval shall rest with the mayor and council.

Homeowners' associations and maintenance agreements: All new subdivisions are required to have a homeowners' association and current maintenance agreements. All initial homeowner's association rules and bylaws and maintenance agreements shall be submitted with the original preliminary plat. Additionally, all changes to the maintenance agreements must be approved by the mayor and council.

(Ord. No. 98-09, § 1, 9-8-98; Ord. No. 99-14, § 1, 6-8-99; Ord. No. 2005-05, § V, 4-12-05; Ord. No. 2005-10, § I, 12-13-05)

Editor's note— Ord. No. 2004-18, § 1, adopted July 13, 2004, repealed § 906, which pertained to RMA Multiple-family residence district (apartments) and derived from Ord. No. 86-04, adopted March 21, 1986. The users attention is directed to section 915 of the Zoning Ordinance.

Editor's note— Ord. No. 2004-18, § 1, adopted July 13, 2004, repealed § 907, which pertained to RMC Multiple-family residence district (condominiums) and derived from Ord. No. 86-04, adopted March 21, 1986. The users attention is directed to section 915 of the Zoning Ordinance.

Purpose and intent: The purpose and intent of this article is to establish a uniform procedure for review and approval of projects; to protect, enhance, preserve or reuse places, sites, buildings, structures, objects, streets, street furniture, sidewalks, neighborhoods, and landscape features; provide for aesthetic, economic, and functional value of properties, neighborhoods, and structures; and to promote aesthetics of the built environment, business viability, neighborhood preservation and public safety in the City of Morrow Community University Planned District (CUPD).

The added purposes of this Community University Planned District allows developers the opportunity to maximize the building floor area on each lot, locate parking off the street frontage so that businesses can move close to the sidewalk and more readily attract pedestrians, place buildings at a minimal front setback line close behind a sidewalk of adequate width, encourage construction of at least three-story buildings, locate retail uses on the ground-floor street frontage preferably adjacent to other retail uses, locate on second and higher floors office, service, or residential uses that generate pedestrian traffic from the general public to utilize the continuity along the street frontage of retail uses, provide better access to the land areas remaining undeveloped or underdeveloped, develop sidewalks and building features (e.g., entrances, weather protection) so as to maximize safety, comfort, ease of movement, and convenience for pedestrians.

The scope of this zoning also includes standards for sidewalks; pedestrian and site lighting; street trees; site development; design, materials, location and orientation of buildings and accessory structures; landscaping; screening and material. These standards are necessary to implement the goals contained in the City of Morrow Livable Community Initiative Study. Such goals include, but are not limited to, implementing an integrated transportation and land use plan; creating a town center, applying design guidelines; improving traffic and the pedestrian environment, aesthetics of the built environment, and business viability; preserving neighborhoods and promoting public safety. Community University Planned District (CUPD) standards apply to all properties within the district for which initial development or redevelopment is taking place; provided that nothing in this article shall prohibit homeowners of existing single-family homes from improving their homes in accordance with traditional standards of the RS-80 District and city adopted codes of technical regulations. This proviso shall exempt from compliance, improvements to homes that would otherwise be affected by the 40 percent trigger of the review process below; provided further that any single-family home for which demolition of 50 percent or more of the existing home is sought, shall comply with the full terms of this article.

Studies and master plan. The City of Morrow received money from the Atlanta Regional Commission (ARC) in 2001 to study and design a pedestrian and transportation friendly town center. The Sizemore Floyd Company was hired to hold public hearings, develop community support, and to create a preliminary design plan that met the desires of the Morrow community and the smart growth concepts required for Metro Atlanta. The master design plans, visual aids, and model shall be used as a guide to create new development within the Livable Centers Initiative (LCI) area. Most of this area is commonly known as Gateway Village, but really represents the Community University Planned District (CUPD) in our comprehensive plans and land use maps. Should a concern relating to our intent for the CUPD district arise by developers, staff, or future Morrow leaders, the LCI study and findings shall offer visual and empirical data proving our community's intent and the ARC's approval of our plans.

Review process. Applications for improvements to developed sites and/or existing structures shall meet the standards contained in this article for installation of sidewalks, pedestrian lighting, and street trees, when the proposed interior and/or exterior renovation of a building and/or site redevelopment improvements have a declared value equal to or greater than 40 percent of the property's most recent tax assessment, building or expansion of floor space of an existing building.

Estimated costs of, including but not limited to, demolition, construction, installation, and fabrication, including labor and materials, for both interior and exterior improvements, shall be submitted at the time a building and/or land disturbance permit application is filed.

The declared value of improvements under multiple permits shall be cumulative and shall include the value of improvements under permits issued for the previous seven years, from the date the most recent application is filed.

All land disturbance permit applications for new construction shall meet the standards contained in the CUPD district.

All building permit applications for new buildings shall meet the standards contained in the CUPD district.

Where two or more properties, lots or parcels are located within the same block or have frontage on the same side of the street between two intersecting streets, and are under common zoning or ownership and are being developed or re-developed as a single development operation or a series of coordinated development operations, these properties shall be considered as a single property for purposes of this article.

When a portion of any parcel, lot, property, or development, falls within the boundary of the CUPD district, the entire development shall meet these standards.

Section 1. Purpose of district. The intent of the Community University Planned District (CUPD) is designed to create a site for mixed-use development that forms a new town center for the City of Morrow. A mixing of residential, office and retail space will allow for a district with a pedestrian-friendly atmosphere, shared utility lines and better use of green space. The district will also:

•

Encourage a pedestrian environment that will limit the number of necessary vehicle trips.

•

Limit congestion and improve air quality.

•

Create green space through the preservation of environmentally significant, scenic and functional open space.

•

Include the use of open space, public meeting areas and recreational uses as a part of any project.

•

Provide for parking in a way that does not diminish the pedestrian environment.

•

Promote opportunities for residential and commercial development.

•

Encourage additional street level activity.

•

Provide continuing quality in existing residential and business districts by improving the aesthetics of the area.

Section 2. Use regulations.

A.

Authorized uses. The following uses are permitted within CUPD.

1.

Residential. In this district, the residential uses are limited to the following:

•

Rowhouse.

•

Townhouse/condominium.

•

Multi-family use.

2.

Retail. In this district, retail, office and business are limited to the following:

•

Antique and art shops.

•

Apparel stores.

•

Aquarium shops.

•

Banks, savings and loan associations, credit unions and similar financial institutions; this does not include any drive-in service window.

•

Books, stationary and card shops.

•

Barber shops, beauty shops, manicure shops, day spas and any similar personal service establishments.

•

Caterer and wedding service, office only.

•

Drug stores and apothecary shops.

•

Dry cleaning collection stations.

•

Electrical goods and fixtures for consumer use.

•

Electronics store.

•

Florists and gift shops, retail only.

•

Grocery, fruit, vegetable and meat markets; do not include the killing, eviscerating, skinning, plucking or smoking of products.

•

Household and office furniture, furnishings and appliances, retail sales only.

•

Jewelry stores.

•

Medical/dental clinics and offices with a maximum allowable size of 3,000 square feet.

•

Museums, art galleries, libraries and similar nonprofit, cultural arts facilities.

•

Music stores.

•

News, cigar, tobacco and candy shops, retail only.

•

Offices, studios, clinics, laboratories and similar uses but not blood donor stations.

•

Optical goods.

•

Photographers, including the sale of supplies, film development and equipment.

•

Professional or service agencies, but not hiring halls.

•

Professional offices for architect, attorney, engineer and real estate.

•

Quick-copy centers.

•

Restaurants, coffee shops, bakeries, catering establishments and delicatessens; no drive-thru service allowed.

•

Retail establishments which do not exceed 8,000 square feet.

•

Shoe stores and shoe repair shops.

•

Studios for dance, music and drama.

•

Supermarkets which do not exceed 15,000 square feet.

•

Tailoring, custom dress making, millinery and similar establishments.

•

Other retail and service uses as may be determined by the city council to be similar, and compatible with the above listed permitted uses.

3.

Accessory uses. In this district, the following accessory uses are permitted:

•

Community, social, hobby or laundry facilities for use by occupants of a development within the district.

•

Recreation space and facilities including exercise facilities and weight rooms, tennis, racquetball, handball and volleyball courts, spas and swimming pools for use by occupants of a development within the district.

•

Parking and parking structures.

B.

Free-standing uses. The following uses are permitted within CUPD and are the only structures within this district that do not have to be mixed use provided that they are at least three stories in height:

•

Hotels.

•

Office complex.

•

Rail station.

•

University owned and occupied buildings.

C.

Prohibited uses. Prohibited retail, business and office uses include, but are not limited to, the following:

•

Adult businesses.

•

Coin operated laundry facilities.

•

Drive-thru service windows, stacking lanes and circulation.

•

Free standing retail.

•

Pawn shops.

•

Pool halls, billiard parlors, amusement arcades and game rooms.

•

Repair shops.

•

Automobile service or repair shops.

•

Automobile sales or lease.

•

Service stations.

•

Storage, train yards and warehousing switching for MARTA or similar public utility.

•

All commercial sales and service shall be conducted within completely enclosed buildings; there shall be no unenclosed displays of merchandise; outdoor sales or displays are permissible only by special permit.

•

No storefront establishment shall be used for storage of merchandise.

•

No outside storage is permitted.

•

Any use or form of operation which is offensive by means of odor, smoke, noise, glare, fumes, gas vibration, unusual danger of fire or explosion, emission of particulate matter, or interferes with radio or television communication, or is by any other means considered incompatible with the quality of CUPD, is prohibited.

•

Anything not permitted or allowed by special exception is prohibited.

D.

Conditional uses. Forms of retail, office or business not listed under the authorized or free-standing use, and not prohibited in this district, may be submitted to the planning and zoning board for approval of a conditional use. A report and detailed site plan of the proposed use shall be submitted by the applicant documenting specifically how the provisions of the zoning district will be complied with. The report shall also document impacts of the proposed use upon community facility and/or adjacent properties.

1.

The city council shall consider all of the following in rendering a decision on conditional uses:

a.

The report submitted by the applicant.

b.

That all provisions of this ordinance have been met.

c.

That the applicant has made a binding agreement for any specific limitations or conditions necessary to protect the public interest and assure the continued beneficial use and enjoyment of nearby properties or that no special limitations are necessary to protect the public.

d.

That the conditional use with specific limitations and design features as may have been required will further the aims of the land use plan and will not be unduly detrimental to nearby properties.

2.

The city council shall approve, approve with conditions or deny the request for conditional use. Additional conditions may be imposed by the city council in the interest of ensuring the public health, safety and welfare in accordance with the requirements of Section 10 herein.

E.

General conditions. To provide further development plans which are consistent with the overall plan for CUPD, the following conditions shall be applied.

1.

To ensure the proper mixed-use development, all buildings within this district, with the exception of those marked free-standing use, shall consist of at least three stories with ground level retail, office or residential uses.

F.

Home occupations. Home occupations are permitted but subject to the following requirements:

1.

Generally, such home occupations as may be permitted are those which are conducted solely indoors, do not generate significant levels of pedestrian or vehicular traffic and give no indication outwardly of a commercial activity. Those uses permitted as home occupations would include, but not be limited to, those types of occupations such as:

a.

Typing services.

b.

Manufacturer's representative.

c.

Bookkeeping.

d.

Accounting.

e.

Computer software.

f.

Development offices.

g.

Clergymen.

h.

Contractor's office (administrative only).

2.

Specifically prohibited as a home occupation would be:

a.

Mechanical or body repair of vehicular equipment.

b.

Contractors, specifically where there is storage of material, equipment, inventory or vehicle(s) advertising or indicating such business is located on the premises.

c.

Activity requiring persons traveling to and from the permitted location.

d.

Activity where a commodity and/or product is sold on the premises.

3.

There shall be no exterior evidence of the home occupation, including but not limited to any type of identifying signs.

4.

No home occupation shall be permitted to generate or produce obnoxious odors, glare, noise, vibration, electrical or electronic disturbances, or generate radioactivity or other emanation detrimental to the health, welfare and/or environment of the adjoining premises or affecting the character of the area in which the home occupation in located.

5.

Only that equipment customarily used in the practice of any business or profession may be installed or used, and all such equipment must be located completely within the premises. In no event shall such equipment, or the use thereof, cause any intrusion in any form upon adjoining properties.

6.

No home occupation permit will be issued to any premises where any accessory building or outside storage unit is involved in the storage of materials and/or equipment for use in connection with the home occupation.

7.

Such use shall be conducted entirely within the dwelling unit and shall be supervised by one or more persons living within the premises.

8.

The written consent of the owner of the property is required in all cases and is to be submitted along with the application for a home occupation permit.

9.

No more than 25 percent of the dwelling unit may be used for the business operation.

10.

Those persons involved in the home occupation shall be limited to the use of passenger vehicles only being parked on the premises wherein the home occupation is being practiced. These vehicles shall not display any symbols, letters, numbers, words, phrases, codes or markings of any kind which would indicate in any manner that a home occupation was being practiced.

11.

There shall be no deliveries of supplies for use in the home occupation or pickup of the items produced by the occupant by commercial carriers.

12.

No home occupation shall be permitted wherein group instructions or group assembly or activity is involved. To that end, dance instructions, exercise classes, group sales presentations and similar activities would not be permitted as a home occupation.

13.

Terms for a home occupation application and permit can be found under Title 9, Licensing and Regulation, Chapter 5, Home Occupations, of the City of Morrow, Georgia, Code of Ordinances.

G.

Special provisions. The only exception to outdoor retail is accessory outdoor dining.

1.

Accessory outdoor dining is permitted only when all other sidewalk requirements are met.

2.

The outdoor dining area may only be separated from the sidewalk by movable planters or fencing with a maximum height of 36 inches.

3.

The preparation of food outside is prohibited. Food service facilities must be provided in accordance with the Morrow Food and Food Establishment Ordinance.

4.

Proper trash and waste removal and clean-up of the area must be provided for.

5.

Morrow noise ordinances must be met.

H.

Outdoor sales and commercial promotions. Any outside sales and/or commercial promotions shall be required to obtain a permit subject to the following requirements:

1.

Outdoor sales and/or commercial promotions may be permitted for a period of ten days each calendar year with a maximum of two permits per calendar year.

2.

Goods, products and merchandise displayed during outside sales and/or commercial promotions shall be displayed on a sidewalk within ten feet of the business building.

3.

In order to qualify for a permit, the applicant must:

a.

Provide a map, plan or drawing to indicate adequate off-street parking for patrons, employees and delivery trucks; such map, plan or drawing should also indicate that no fire lanes, streets or other pubic rights-of-way will be blocked as a result of the sale or promotion.

b.

If food is served, provide food service facilities in accordance with the Morrow Food and Food Establishment Ordinance.

c.

Provide for adequate trash and waste removal and clean-up of the area.

d.

Comply with all requirements of the Morrow Noise Ordinances.

e.

Comply with all other reasonable conditions imposed by the city manager.

Section 3. District and building requirements.

A.

Size of district. Establishment of CUPD shall require contiguity with land already designated as a part of such district on the city zoning map or, in lieu thereof, a minimum of one acre of land located within one-half mile of Clayton State University.

B.

Open space. A minimum of 20 percent of the development property shall be reserved for open space, parks, other recreational purposes or other public uses, subject to the following:

1.

While such open space shall not be required to be contiguous, the open space must be useable and functional for open space, parks, other recreational purposes or other public uses.

2.

The required parking and right-of-way area shall not be credited toward the minimum open space requirements.

3.

The amount of required common open space may be reduced as the density of development is increased.

4.

Land proposed to be dedicated as public open space shall be clearly shown on the concept plan, preliminary development plan and final development plan submittals.

5.

Sufficient land for open space shall be provided in each phase of the development to assure that the recreational needs of district residents are satisfied, taking into consideration the nature of open space required to serve the district, and the amount of land previously provided, or to be provided, in conjunction with the phase of the development under consideration.

6.

In its approval of the concept plan and development plan, the city shall impose such conditions as deemed necessary to assure that the intent and purpose of this section are satisfied.

C.

Structure development. These restrictions apply for the building/development of any type of structure within CUPD.

1.

The following materials shall be prohibited as primary cladding materials:

•

Aluminum siding or cladding.

•

Galvanized steel or other bright metal.

•

Synthetic stucco.

•

Unfinished concrete block.

•

Hardi Plank or other siding.

•

Vinyl siding.

•

Wood or plastic siding.

2.

The following materials shall be prohibited as primary roofing materials:

•

Composite shingle.

•

Wood roof shingle.

3.

Building colors shall be limited to the following guidelines:

•

Dominant colors shall be shades of warm grey, red, beige and/or brown.

•

Accent colors shall be any color, except for fluorescent shades.

•

Roof colors shall be shades of cool grey, brown, or green.

4.

At least 90 percent of the exterior cladding of all exterior walls fronting or visible from public streets (including above grade parking structures) shall be brick construction. An applicant, however, may submit a design for construction of parking structures that employs alternative construction materials for exterior cladding with an application for a development plan. The alternative may be approved by the city upon determination that such construction will result in an appearance that is compatible with surrounding buildings and the overall character of the district. Upon finding that the alternative design for parking structures will result in an appearance that is compatible with surrounding buildings and the overall character of the district, waivers may be granted employing a minimum of 40 percent brick cladding, provided that the ground floor of the structure (up to a height of 12 feet) is at least 90 percent brick.

5.

At least 80 percent of exterior cladding of all walls not fronting or not visible from public ways (including above grade parking structures) shall be brick construction, exterior cement plaster or a combination thereof.

6.

Buildings shall have a continuous street-fronting ground level commercial, office or residential use.

7.

The exterior cladding (excluding glass) of all buildings (including above grade parking structures) shall be composed of not more than three materials (excluding roofs).

8.

Architectural features required: The principal entry area of a building shall be articulated and express greater architectural detail than other portions of the building. Individual tenant space entries shall also be articulated and express greater architectural detail than the building wall.

a.

Encouraged architectural elements include: columns, arcades and covered entry walkway, arches, facade offsets, windows, balconies, undulating walls, clock towers, cupolas and courtyards.

b.

Building harmony: Out-parcel buildings or spin sites, which are identified on a site plan approved pursuant to a single zoning case, shall have architectural features consistent with the principal buildings.

9.

Windows:

a.

When a retail use occupies the first floor, at least 70 percent of the first floor exterior wall facing a thoroughfare, street, boulevard or parking plaza shall be transparent glazing.

b.

The exterior wall surface of all buildings above the first floor shall not be more than 50 percent glass.

c.

Buildings shall have display windows (which need not be open into the interior), or entrances, which openings are determined by the city council to be well-distributed along the face of the building or addition so as to minimize the lengths of blank wall areas.

d.

For building faces oriented toward a street, windows shall be placed at distances no greater than ten feet apart.

e.

Glass is to be clear or tinted, not reflective.

10.

Showering facilities: All office buildings containing over 50,000 square feet of gross office space shall provide showering facilities, which shall include showers and lockers, in a ratio of at least two showering facilities for every 50,000 square feet of gross office space, which facilities shall be available to all building tenants and their employees, provided that no office building shall be required to exceed a maximum of four showering facilities.

11.

Street lighting: The developer shall provide a street lighting standard at each street intersection and at an interval not exceeding 200 feet. Costs of such installation shall be borne by the developer and shown on all plats for approval by the planning and zoning board. Upon notification that the street light systems are approved as to adequacy by the Georgia Power Company, the city will furnish to the developer and the Georgia Power Company the city's intent to pay future energy bills on said approved system. Contact the public works department for light specification for designated area's.

12.

Pedestrian lighting: The developer shall provide lighting standard as approved by the city and Georgia Power based on new and existing conditions. Costs of such installation shall be borne by the developer and shown on all plats for approval by the planning and zoning board. Upon notification that the light systems are approved as to adequacy by the Georgia Power Company, the city will furnish to the developer and the Georgia Power Company the city's intent to pay future energy bills on said approved system. Contact the public works department for light specification for designated area's.

13.

Mailboxes, stop sign poles, and street sign poles: Mailboxes, stop sign poles, and street sign poles shall be installed at the expense of the developer; quality, number, architectural design, and location shall be approved by the public works director or his designee. When the final plat is submitted, the director or his representative will inform the developer of the location and type of signage required. The developer must then install the signage and post to city specification before the streets can be accepted by the city. Please refer to the city's redevelopment guidelines, appendix C, for more details on sign materials and construction.

14.

Interior sprinkler system: All residential dwellings must have interior sprinkler systems installed upon construction. Sprinkler design plans must be submitted and approved by the City of Morrow Fire Marshal.

15.

Fences and walls: The following standards apply to common fences and walls around businesses, residential developments, and detached and attached residential subdivisions along public street frontages. The following standards are in addition to the standards set forth in the regulations, fences and walls.

A.

Allowable materials include: natural and man-made stone, brick, ornamental decorative or wrought iron or aluminum, or architectural concrete.

B.

Fencing made of barbed wire, razor wire, plastic, cloth wood, or chain-link is prohibited,

C.

When the building fronts and sides are visible to a public street, any wall or fence over two feet in height from finished grade shall not be opaque and shall have a minimum opening ratio of 50 percent.

D.

When the back of the building is visible to a public street, fences or walls shall be opaque.

E.

Application for fence and wall permits shall be reviewed by the city manager and approved by the city council.

D.

Additions to district. Additions made to a structure within CUPD shall take the architectural integrity of the structure into consideration. Additions will not subtract from the overall design of the district.

1.

Equipment such as satellite dishes and air-conditioning units will be placed on the side or rear of a building with proper screening so as to shield the equipment from view on public rights-of-way and adjoining properties.

2.

If walls are attached to a building, they shall be made of the same material and style of the building. No walls shall be permitted between the street and any building, with the exception of off street loading areas. No barbed wire, razor wire, chain link fence or similar elements shall be used in CUPD.

E.

Street address. A street address number shall follow these requirements:

1.

It shall be located above the building entrance.

2.

It shall be clearly visible from the sidewalk and street.

3.

It shall be a minimum of six inches in height.

F.

Building heights. Building heights shall be subject to the following minimum and maximum requirements:

* Buildings less than 50 feet from a single-family residential district shall have a maximum height of 50 feet.

Homeowners associations and maintenance agreements: All residential or mixed use dwellings, rowhouses, townhouses, condominiums or other living spaces created after January 1, 2000, are required to have a homeowners' association and current maintenance agreements. All initial homeowners' association rules and bylaws and maintenance agreements must be reviewed and approved by the city council to ensure continued compliance over time with the standards and purposes of this article. Additionally, all future changes to such documents shall be submitted to the city for review and approval in accordance with the same standards.

Permitted uses. The following uses shall be permitted as a matter of right in any mixed use zoning: Town house, dwellings, condominiums, or multi-family dwellings. However, in each development, at least 70 percent of the residential units shall be fee-simple owned and occupied.

Physical requirements. Unless otherwise specified in this ordinance, uses permitted in any CUPD zoning district shall conform to the following standards:

A.

The development shall not adversely affect the developed or undeveloped neighboring properties;

B.

Water, sewage, and recreational facilities shall be adequate for the proposed development;

C.

Minimum floor area per dwelling, townhouse, rowhouse, loft, or multi-family unit:

1.

1,400 to 1,499 square feet, no more than 25 percent of the total built.

2.

1,500 to 1,699 square feet, no more than 65 percent of the total built.

3.

1,700 square feet or more, no less than 35 percent of the total built

4.

Each dwelling, townhouse, rowhouse, loft, or multi-family unit shall have an attached two car garage (400 square feet minimum that is located behind the building. Front entry garages are prohibited on any public or private street, unless the city council has approved otherwise in a development plan for the project)

5.

Two dedicated spaces in a parking deck can be substituted for the dwelling, townhouse, rowhouse, loft, or multi-family unit garage requirement if the deck is attached to the structure that contains the dwelling, townhouse, rowhouse, loft, or multi-family unit. Offsite spaces shall not count for residential uses.

6.

Garages located on the bottom floor shall count as the first floor as long as the dwelling, townhouse, rowhouse, loft, or multi-family unit for those spaces is located above that garage and retail or office space is located on the ground floor side facing the street and other public areas.

G.

Lot coverage and floor area. The following guidelines shall be conformed to concerning lot coverage and floor area of structures in CUPD:

1.

The width and depth of lots shall be based on the minimum sizes for specific unit types:

2.

Lot coverage shall be based on the maximum lot coverage for specific unit types:

# The area of an above grade parking structure is included in the calculations of lot coverage.

* The area of a porch or arcade fronting a public street is not included in the calculation of lot coverage.

H.

Building facade line. The building facade line shall be no more than 35 feet and no less than 25 feet from the street curb. The only exception would be the provision for public parks or plazas.

J.

Outside storage. Except for the equipment and/or the materials stored on a construction site and used for a temporary construction project, the outside storage of equipment, building and/or other materials, goods and products shall be prohibited within the district.

K.

Landscaping. Landscaping requirements shall comply with the provisions found in this section and in Ordinance 98-15, Chapter 8, Tree and Vegetation Protection.

1.

Street trees shall be large shade tree species having a minimum caliper of four inches and shall be a uniform type for CUPD as determined by the public works director. All shrubs shall be a minimum three gallon and all green ground cover must be sod, all selected in accordance with the city's landscape regulations.

2.

Front yards shall be landscaped except at building entries, seating areas and adjacent to commercial uses, where the front yard may be hardscaped or developed as a public plaza or terrace. Plant materials shall consist of shade trees, ornamental trees, shrubs, evergreen groundcovers, vines and seasonal color.

L.

Front and side yards. Front and side yards shall comply with the following guidelines:

1.

Any yards adjacent to a street shall have the same requirements as front yards.

2.

Front yards shall be permitted between the required sidewalk and the building facade and shall be a maximum width of ten feet.

3.

Balconies shall encroach into front yard area a maximum distance of five feet.

4.

The front yard shall be hardscaped or developed as a public plaza or terrace with a maximum finished floor height of 24 inches above the sidewalk elevation; accessory outdoor dining or other similar types of uses are also permitted.

5.

Accessory outdoor dining is permitted on or adjacent to the sidewalk only when all other sidewalk requirements are met, and may be separated from the sidewalk only with movable planters or fencing which shall have a maximum height of 36 inches; accessory dining shall not be enclosed with any permanent or nonpermanent element.

M.

Accessory structures. Any accessory building or structure shall be located to the rear of the primary structure and at least 100 feet from any property line.

1.

Any accessory building or structure must have the approval of the city manager or his designee as to the location, architectural design and size prior to the commencement of construction. A set of plans must be submitted for approval.

2.

The city manager or his designee shall consider the following criteria for determining the appropriateness of the architectural design and size of the accessory building or structure:

a.

Compatibility with the surrounding neighborhood.

b.

Style of exterior. (The exterior is to be compatible in style with the primary structure.)

c.

Use of the proposed accessory structure.

d.

Impact on adjacent properties.

e.

Requirements, deemed appropriate, as set forth in this subsection.

3.

Accessory buildings, structures, uses and decks shall be subject to the following conditions:

a.

Maximum height is two stories or 35 feet.

b.

Accessory uses shall include garbage pads, heating and air conditioning units, jacuzzis, tennis courts, swimming pools (private), playhouses and playgrounds.

c.

The rear of the principal building shall be where the main portion of the building ends without consideration of wings.

d.

Architectural style and design shall be approved by the city manager or his designee.

e.

Such structures or buildings shall be located on the same lot as and to the rear of the principal building to which they are an accessory. Decks may be located to the rear or side of the principal buildings subject to limitations in this subsection.

f.

No accessory building, structure, use or deck shall be constructed upon a lot until construction of the principal building has commenced.

g.

On a corner lot, no accessory building, structure, use or deck shall be located closer to the side street right-of-way line than the principal building.

h.

When an accessory building is attached to the principal building by a breeze way, passageway or similar means, it shall comply with the yard requirements of the principal building to which it is accessory. This shall not apply to decks.

N.

Storage area. Loading, service and trash storage areas shall be screened from all public roadways according to the following stipulations:

1.

Business, commercial, educational and other nonresidential buildings and any multi-family residential building for which the use of a commercial or multi-user dumpster, and other commercial waste container, cooler, refrigeration equipment and HVAC equipment has been authorized by the city shall screen any portion of the dumpster, any other commercial waste container, cooler, refrigeration equipment and HVAC equipment which is visible to an average person from a public street, parking lot or residential building which is within 500 feet of such dumpster, any other commercial waste container, cooler, refrigeration equipment and HVAC equipment.

2.

Said screening shall be constructed of building or masonry materials that are of sufficient opacity to conceal the dumpster, any other commercial waste container, cooler, refrigeration equipment and HVAC equipment from view. Evergreen shrubs or evergreen trees may be used for screening when a plan for such screening has been approved in writing by the city manager or his designee.

3.

Restaurant containers shall be placed on a poured concrete pad. Screening materials for these containers will be architecturally compatible with the building, either block or brick, and must match the building color. Drain plugs are required in dumpsters, and restaurant containers shall be maintained in accordance with the Clayton County Health Department requirements. These containers must be placed out of sight, preferably in the back of the building, with a gate. Each restaurant shall have its own container or share a container with another restaurant, but shall not share a container with another type of business. Restaurant containers must be maintained so as to be free of rodents, odors and other nuisances.

O.

Signage. Within CUPD, signage must comply with the following standards:

1.

Free standing signs:

a.

Freestanding signs must be monument type (ground level signs not exceeding six feet in height). The primary structural material shall compliment the primary building material so as to achieve similarities and consistency of building materials on the site.

b.

Monument signs shall be centered 15 feet behind the property line and shall be fully contained within the property lines with the edge of the sign being at least five feet off the right-of-way. Monument signs shall be centered within the landscape buffer area perpendicular to the fronting street and shall be fully contained within the property lines. No freestanding sign shall be located within 100 feet of an existing freestanding sign, provided this restriction shall not apply to properly installed instructional signs.

c.

Freestanding signs shall comply with the following additional requirements:

1.

Each such sign shall have a decorative base sufficient to house all sign supports within a single structure. Such base shall utilize construction materials that match the construction materials of the multi-tenant development. Each sign shall not block the sidewalk or other pedestrian areas. Each sign shall not obstruct the view of the traveling public.

2.

Signage shall be submitted with the development plans and allocated to each space. In the event that all spaces or leased areas are not given signage, a written property deed restriction shall state the intended allotment and shall be binding on the property. The subdivision of the property will not change the original restrictions.

3.

Landscaping shall be required at the base of all such signs in accordance with the following standards:

i.

Plantings shall be at a height of at least 12 inches but no more than 18 inches measured from the adjoining grade. Use of a berm with low plantings may be utilized to meet the height requirement for landscaping.

ii.

Plantings shall be designed to provide a decorative foundation for the sign and shall utilize a mixture of greenery and/or flowering plants to create a solid landscaped appearance.

iii.

All plantings shall be maintained free of weeds, with sufficient water and fertilizer. Plantings shall be maintained in a healthy state.

iv.

A landscape plan meting the requirements of this section shall be submitted for approval to the director of public works or his designee.

4.

Address numbers eight inches in height shall be applied tot he base of the sign in a contrasting color for emergency identification. No structural supporting members shall be visible for such address numbers.

5.

All disconnects shall be installed internally.

6.

A master sign plan submittal for all ground signage shall be provided should the proposed signage not meet the specifications of this section. The City Council shall approve, deny or approve with modifications.

2.

Wall or fascia signs; awning signs:

a.

Wall, fascia or awning signs shall be securely fastened to the building surface. Such signs may not project above the parapet wall.

b.

Wall or fascia signs shall not project beyond the building face by more than eight inches and shall use channel letter design standards. No boxed or pan and embossed copy is allowed for any wall or fascia signs.

c.

Maximum square footage of wall or fascia signs:

1.

Wall or fascia signs on buildings shall not exceed 40 square feet.

d.

Maximum sign letter height on wall or fascia signs:

1.

The maximum sign letter height is three feet.

e.

On wall or fascia signs that in whole or in part are placed above an entrance to a building, there must be a minimum of 24 inches of clear vertical space between the top of the building entrance and the bottom of the wall sign, and there must be a minimum of 24 inches of clear vertical space between the top of the wall sign and the top of the building.

f.

Projecting signs shall be mounted a minimum of eight feet from grade level above pedestrian areas and 14 feet above vehicular areas.

g.

Direct painting of murals, or any hand painting, etchings or drawings, painted directly upon the fascia surface of a building is prohibited.

h.

A master sign plan submittal for all wall signage shall be provided should the proposed signage not meet the specifications of this section. The city council shall approve, deny or approve with modifications.

P.

Floodplains and wetlands. Any development must meet all state and federal requirements relating to floodplains and wetlands.

Q.

Exterior approval. The mayor and council or their designee shall have the final approval or disapproval of all building exterior plans.

R.

Minimum requirements for trees. The landscaping plan shall provide a minimum of one specimen tree with a minimum diameter of four inches and an one understory tree with a diameter of three inches for every 1,500 square feet of impervious surface for which a development permit is sought. All trees must be planted in areas large enough to accommodate a full-grown tree of the species planted. All calculations must be shown on plans.

S.

Minimum requirements for shrubbery. The landscaping plan shall provide for one three gallon minimum bush per 100 square feet of impervious surface of an industrial, commercial, office and institutional, business park and multi-family site. All calculations must be shown on plans.

T.

Minimum requirements for ground cover. Areas on the site which are not covered by trees and/or shrubbery shall be planted with sodded grass or other ground cover. No site shall seed and straw or hydroseed as permanent cover. Where appropriate, other permeable ground cover, such as mulch and stones, may be used; however, alternative forms of ground cover must be specifically approved by the mayor and council of the City of Morrow.

U.

Irrigation system. The landscaping plan must include an irrigation plan to sustain plant life. Any and all plant material that fails to survive must be replaced by the property owner.

V.

Tree, shrub, and ground cover types:

Specimen trees. Four-inch minimum caliper measured six inches from ground level:

Florida Maple, Red Maple, Sugar Maple.

Understory trees. Three-inch minimum caliper, total multi-trunk trees, measured six inches from ground level:

Crape Myrtle, Cherry (Yoshino, Kwanson), American Holly (Nellie Stevens, Burford, Savannah, Fosteri, Emily Burner), and Dogwood.

Shrubs. Three gallon minimum:

Junipers, Nandina, Privet, Holly, Lingstrum, Azalea, Barberry, Indian Hawthorn, Otto Luken, Laurel, and Laurapedlum.

Ground cover:

Ivy, Liriope, Ferns, Cottoneaster, Pachysandra, Vince, Ajuga, Euongmus, Juniper, Thrift, and Sod Grass (no seed and straw).

Section 4. Utilities.

A.

All electrical, cable, telephone and similar services shall be installed underground.

B.

Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. It is the developers responsibility to provide proper landscaping to screen all above-ground facilities.

Section 5. Sidewalks.

A.

Public sidewalks. Public sidewalks shall be located adjacent to all public streets and shall be provided throughout the development of CUPD. The sidewalks shall be constructed of concrete material, with brick paving accents consisting of a minimum of 20 percent, a minimum width of 15 feet, and must conform to the uniform CUPD guidelines, approved by the public works director.

B.

Sidewalk zones. Public sidewalks shall consist of a street furniture and tree planting zone, which shall be located adjacent to the curb, and a clear zone.

1.

Street furniture and tree planting zone shall have a minimum width of five feet. This zone shall be continuous and located adjacent to the curb. This zone is intended for the placement of trees and street furniture, including pedestrian light poles, waste receptacles, fire hydrants, traffic signs, bus shelters, bicycle racks and similar elements as approved by the mayor and council.

2.

The clear zone shall have a minimum width of ten feet. It shall be hardscaped and located adjacent to the street furniture and tree planting zone. It shall be unobstructed by any permanent or nonpermanent element for a minimum width of ten feet and a minimum height of eight feet. The only exception is awnings and canopies which can encroach a maximum distance of five feet over the public sidewalk.

C.

Building entrances. The primary pedestrian entrance to all retail and office uses with street frontage shall face and be visible from the street, shall be directly accessible from the sidewalk adjacent to such street and shall open directly onto the adjacent sidewalk, public park, outdoor dining area, public area or plaza adjacent to the sidewalk. The primary entrances for nonresidential uses shall remain unlocked during normal business hours. The purpose of this requirement is to encourage the development of buildings that complement pedestrian activity in CUPD by providing direct access to the building.

D.

Outdoor dining. Accessory outdoor dining areas shall be permitted on a public or private sidewalk area where adjacent to and directly abutting a restaurant located in a building. However, the outdoor dining area shall not reduce the clear zone of a public sidewalk to a width of less than eight feet. Tables, chairs, umbrellas and similar items shall be stored in the interior of the restaurant or in similar enclosed areas so that a minimum clear zone of ten feet is unobstructed when the outdoor dining area is not in use because of inclement weather or when the restaurant is closed.

E.

Prohibited paving material. Asphalt and gravel as paving materials is strictly prohibited.

F.

Outdoor dining. Accessory outdoor dining areas shall be permitted on a public or private sidewalk area where adjacent to and directly abutting a restaurant located in a building. However, the outdoor dining area shall not reduce the clear zone of a public sidewalk to a width of less than eight feet. Tables, chairs, umbrellas and similar items shall be stored in the interior of the restaurant or in similar enclosed areas so that a minimum clear zone of ten feet is unobstructed when the outdoor dining area is not in use because of inclement weather or when the restaurant is closed.

Section 6. Parking. No parking, driveway, or other area for vehicles shall be placed between the building and the street. Parking on the street (unless in a marked space), the sidewalk or on the grass is prohibited.

A.

Parking facilities. Parking decks or other structured parking shall be used to provide the necessary number of parking spaces for office, retail, or other commercial parking. Residential uses may use first floor garages built into or under the building or structured parking. Areas under high tension utility lines, that cannot be used for building construction, can be used for typical surface parking lots if they meet the approved guidelines.

1.

Parking garages shall conceal automobiles from visibility while maintaining the appearance of a horizontal storied building.

2.

All forms of parking facilities shall be maintained in a clean, safe, sanitary and attractive condition. If any damage impairs the drivability of the parking lot, the parking facility shall not be operated until conditions are repaired.

3.

Curb cut widths shall be 24 feet for two-way entrances and 12 feet for one-way entrances, unless otherwise permitted by the director of public works.

4.

When adjacent to a public street, above street level parking structures and decks shall create visual interest through the articulation of openings, cornice lines, and belt courses or similar architectural details.

5.

Steel parking garages and steel guard cables on garage facades are prohibited.

B.

Front parking.

1.

Existing parking in front of buildings. Upon adding floor space to a lot with an existing building, where parking requirements are otherwise met, existing parking in front of buildings shall be replaced by uses such as the expansion of the existing building, including a one-story expansion such as a porch, outdoor seating for serving food or beverages, or a pedestrian courtyard.

2.

Bicycle parking. A minimum of one bicycle parking space shall be provided for every 20 auto spaces.

C.

Off-site parking. Where alternative off-site parking (either public parking or private parking obtained by lease or easement) is provided within 200 feet of the property, the on-site parking requirement may be reduced to as little as zero, provided that the total of on-site and alternative off-site parking together shall meet the requirement for the proposed use and

1.

The building meets the requirements regarding number of stories or the use of existing floor space is proposed to be altered in a manner that requires more parking spaces (e.g., an existing space is being changed from office to retail use, or a restaurant is expanding the number of seats).

2.

The availability of alternative off-site parking for a particular development shall be determined based on the total number of off-site parking spaces that will be available by the time of occupancy of the new floor space, the cumulative amount of new floor space for which the off-site parking spaces are counted in meeting the parking requirement, and the maximum number of such off-site parking spaces likely to be utilized at any one time by the cumulative new floor space.

D.

Parking ratios. The number of parking spaces provided for a site shall meet but shall not exceed the number calculated from the parking ratios required by the Zoning Ordinance, unless such higher number is justified to and approved by the city council. For a building of three or more stories, floor area lost to stairwells and elevator shafts shall not be included in total floor area for parking calculations.

Minimum number, maximum number. The following are the minimum and maximum number of off-street parking spaces and loading stalls required by type of permitted uses in CUPD. Twenty percent of the total required parking spaces may be set aside for compact and sub-compact cars. For any use not listed the city council shall determine the proper requirements by classifying the proposed use among the uses specified herein so as to assure equal treatment follows the principles set forth. In making any such determination, the city council shall follow the principles set forth at the beginning of this article.

The minimum standards are available to properties which comply with the streetscape standards and have pedestrian access to the street.

1.

All parking, except residential, shall be shared.

2.

Parking spaces are permitted off-site.

3.

Parking areas are not permitted between the sidewalk and the front of the building.

E.

Shared parking. Where a parking area will serve two or more uses for which peak parking demand occurs at different times, the city council may permit an appropriate number of such spaces to count toward the parking requirement for more than one of those uses. Grandfathered parking spaces that were not approved as part of the development can not be used for shared parking.

F.

Parallel parking. Where parallel parking is allowed on a street section abutting the property and on the same side of the street as the property, such parallel parking shall count toward meeting the parking requirement for the property. Parallel Parking must be part of the site plan and approved by the city council.

G.

Parking lot islands. For all non-structured parking areas allowed under the CUPD classification a landscape island having a minimum dimension of ten feet by 38 feet shall be installed and at each end of the parking aisle, a landscape island having a minimum dimension of 20 feet by 38 feet shall be installed in order to separate the last space from any adjacent travel ways. Every parking row must be divided by a minimum ten foot wide landscape strip. (For landscape purposes) Parking spaces shall not exceed ten spaces in a row without being interrupted by a landscaped island. Island must be a minimum of nine feet. Islands shall be planted with a minimum of two shade trees per every ten cars.

H.

Alleys. As development or redevelopment of the area permits, alleys shall be created for access to parking on the rear of properties for residential uses.

I.

Handicapped spaces. Parking spaces for the handicapped must be provided in accordance with the guidelines of the Americans With Disabilities Act and Federal and State laws.

J.

Lighting. Lighting shall be provided throughout all parking facilities.

1.

Lighting in parking facilities must equal a minimum of one-half foot candle of light.

2.

Public street lighting may be utilized to fulfill the lighting requirements; however, where such street lighting is removed, it shall be the responsibility of the parking facility to independently provide the required level of illumination.

3.

Parking facilities adjacent to residential areas shall reduce light spillage onto residential properties by providing cutoff luminaries which has a 90 degree illumination.

K.

Surface parking lots. For all non-structured parking areas allowed under the CUPD zoning classification the following additional requirements shall be met.

1.

Surface parking lots shall be screened from all adjacent public streets and neighboring sites. The screen must extend along all boundaries of the parking lot and be a minimum of three feet in height and be 80 percent opaque. Masonry walls, evergreen plant materials or a combination thereof may be used to meet these requirements.

2.

Site plans must allow for pedestrian paths, cart paths, or other transportation methods. The City of Morrow shall be consulted prior to design and the city's transportation plan must be incorporated into the development's design.

L.

Painted lines. Lines dividing parking spaces on all parking surfaces shall be painted with white paint. Yellow paint is prohibited.

Section 8. Preliminary development plan approval procedure.

A.

A development plan is necessary to ensure that the project proceeds in an orderly fashion while complying with the approved concept plan. Applicable standards shall be met for each development within the project.

B.

No permits for development will be delivered until a preliminary plan has been approved according to the procedures outlined in this section.

C.

The preliminary development plan shall contain the following information:

1.

Drawings required for this plan shall contain the following information:

a.

Project name, street address, and lot and block description.

b.

Names, addresses and telephone numbers of the property owner, developer and the engineer, plus an individual point of contact for each.

c.

Date, scale and north arrow.

2.

Preliminary development plans shall have a minimum scale of one inch equals 40 feet or larger and be on standard drawing paper with a minimum size of 24 inches by 36 inches.

3.

A boundary survey of the tract with an error of closure within the limit of one in 10,000 related to the true meridian and showing the location and type of boundary survey.

4.

The following elements shall be included:

a.

The location, arrangement and proposed use of all buildings, including building footprints.

b.

The height and number of floors of all buildings above, below and partially below finished grade.

c.

The setback dimensions of buildings from the development boundaries and street R.O.W.

d.

The location and width of all streets, including prototypical street sections.

e.

The location and number of spaces of all on-street and off-street parking areas, structures and loading areas.

f.

The location and size of existing and proposed public open spaces, together with private recreational areas.

g.

The schematic location and size of utilities required to service the proposed development, including water, storm drainage, sewer, gas, electric, telephone and cable television.

5.

Prototypical elevations of all building facades, indicating materials, window openings and height of all buildings.

6.

Conceptual landscape plan and prototypical cross sections for project roadways showing general plant locations and types, areas of special pavement and special landscape features.

7.

A statement in tabular form which sets forth the following data, when such data is applicable to a given development plan:

a.

Total number of dwelling units by type, size and average dwelling unit size.

b.

Residential density in units per acre.

c.

Total floor area, and floor area ratio, for each type of use.

d.

Total area in open space, both public and private.

e.

Total number of off-street parking and loading spaces.

8.

Any variations or alterations anticipated, or contemplated, by the developer to any of the above required elements.

9.

Any other information required to satisfy conditions established in the concept plan for the development, subject to the preliminary development plan.

D.

Once the plan is considered complete by the zoning administrator, it shall be submitted for comment and review to appropriate city departments and agencies. The zoning administrator shall also prepare a report describing whether or not the elements incorporated in the project meet the standards required for CUPD. These reviews shall be submitted to the planning and zoning board.

E.

The planning and zoning board shall determine whether the preliminary development plan is in accordance with the reasonable intent of the CUPD regulations. The board shall make a recommendation within 30 days following receipt of the plan. The board's recommendation, including any modifications to the plan, shall then be submitted to the city council for approval, disapproval or approval with modifications In the event the planning and zoning board fails to issue a recommendation within the allotted timeframe, the preliminary development plan shall be transferred to the mayor and council for approval or disapproval.

F.

Once the preliminary development plan is received from the planning and zoning board, the city council shall hold a public hearing to approve, approve with modifications or disapprove of the plan.

G.

The planning and zoning board shall consider the following when determining the approval or denial of a preliminary development plan for CUPD:

1.

The preliminary development plan is consistent with the approved concept plan and standards set forth in the adopting ordinance.

2.

The preliminary development plan has an adequate design for the development of roads and other public facilities serving the development.

3.

Preliminary development plan shows an adequate buffer between this district and adjoining ones.

4.

Landscaping plans meet the ordinance standards set forth in the adopting ordinance.

H.

The planning and zoning board may recommend, such reasonable conditions and alterations of the preliminary development plan to assure that the preliminary development plan is consistent with the standards set forth in the adopting ordinance.

Section 9. Final development plan approval.

A.

The purpose of a final development plan is to assure that the development of structures within the district are in accordance with the approved preliminary development plan and standards outlined in the adopting ordinance.

B.

The final development plan shall contain the following information:

1.

Drawings required for this plan shall contain the following information:

a.

Project name, street address, and lot and block description.

b.

Names, addresses and telephone numbers of the property owner, developer and the person developing the plan.

c.

Date, scale and north arrow.

2.

Final development plans shall have a minimum scale of one inch equals 40 feet or larger and be on standard drawing paper with a minimum size of 24 inches by 36 inches.

3.

A boundary survey of the tract with an error of closure within the limit of one in 10,000 related to the true meridian and showing the location and type of boundary survey.

4.

A final development plan shall include the following elements:

a.

The location, arrangement and proposed use of all buildings, including the building footprints.

b.

The height and number of floors of all buildings above, below and partially below finished grade.

c.

The dimensions of buildings from the development boundaries, street R.O.W. and adjacent buildings.

d.

The traffic circulation system and the pedestrian circulation system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways and bicycle paths.

e.

The location, number of spaces and layout of all on-street and off-street parking areas, structures and loading areas, including aisle widths, stall dimensions and calculations of impervious coverage of parking lots and interior landscape areas.

f.

Existing and proposed utilities required to service the proposed development, including water, storm drainage, sewer, gas, electric, telephone and cable television.

5.

Elevations of all facades of each building, indicating materials, window openings and height of all buildings.

6.

A landscape plan which contains the following information:

a.

Location, height and material of proposed screening and fencing (with berms to be delineated by one-foot contours).

b.

Complete description of plant materials (this includes existing trees) shown on the land, including the common and botanical names, locations, quantities, container or caliper sizes, heights, spread and spacing.

c.

Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area compared to total square feet of the parking area.

d.

Size, height, location and material of proposed seating, lighting, planters, sculptures, decorative paving and water features.

7.

Signage plans providing the locations, dimensions and elevations of all proposed signs.

8.

A final statement in tabular form which sets forth the following date, when such data is applicable to a given development plan:

a.

Total number of dwelling units by type, size and average dwelling unit size.

b.

Residential density in units per acre.

c.

Total floor area and floor area ratio for each type of use.

d.

Total number of off-street parking and loading spaces.

9.

Any variations or alterations anticipated, or contemplated, by the developer to any of the above required elements.

C.

The zoning administrator shall review the final development plan for complete compliance to the standards set forth in the adopting ordinance within 30 days that the application is determined to be complete. Preceding this, the planning and zoning board shall recommend to the city council to approve, approve subject to modification or deny the final development plan.

D.

The city council shall determine whether the final development plan is consistent with the approved preliminary development plan, the standards set forth in the adopting ordinance and the standards set forth in CUPD regulations.

E.

The city council may require such reasonable conditions and alterations to assure that the final development plan is consistent with the standards set forth in the preliminary development plan.

F.

The city council may require submission of additional maps, data or proposed methods of addressing other pertinent matters relative to the proposed development where, owing to the nature, size and location of the proposed development, particular elements critical to the health, safety and welfare of the community and its citizens should be addressed. Such elements may be, but are not limited to, traffic impact, emergency, preparedness and response, environmental preservation, historic preservation, public access, community linkages, public education and the like.

G.

CUPD and its associated master plans are not exempt from future ordinance changes dealing with: landscaping, tree protection, signage, storm water runoff, ground water recharge, sewage disposal and treatment, and protection of rare and endangered species.

Section 10. Conditional use procedure.

A.

No building permit shall be issued for any use designated as a conditional use within CUPD unless a conditional use permit has first been approved in accordance with the standards and procedures set forth in this section.

B.

When making the determination on issuance of a conditional use permit, the planning and zoning board and city council must consider the impact and compatibility of the proposed use on surrounding properties to ensure its appropriateness. The planning and zoning board and city council shall specifically consider the extent to which:

1.

The proposed use at the specified location is consistent with the future land use policies and map in the City of Morrow's adopted Comprehensive Plan.

2.

The proposed use is consistent with the general purpose and intent of the zoning district regulations as applied to the site and, in particular, is consistent with the concept plan and/or development plan approved for the site, together with any conditions attached thereto.

3.

The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage, or prejudice, to other property in the vicinity.

4.

The proposed use is compatible with, and preserves the character and integrity of adjacent properties and neighborhoods, and includes improvements or modifications that mitigate development-related adverse impacts, including but not limited to:

a.

Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire.

b.

Off-street parking and loading areas where required.

c.

Paving of streets, alleys and sidewalks.

d.

Provisions for drainage.

e.

Utilities with reference to location, availability, and compatibility.

f.

Screening and buffering features to minimize visual impacts, and/or set-backs from adjacent uses.

g.

Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

h.

Required yards and open space.

i.

Height and bulk of structures.

j.

Hours of operation.

k.

Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow, or divert traffic as may be needed, to reduce, or eliminate, development generated traffic.

C.

In approving a conditional use permit, the planning and zoning board may recommend, and the city council shall impose, such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section. Any conditions imposed shall be set forth in writing by the city council. The city shall maintain a record of such approved conditional uses and conditions attached thereto.

D.

The following guidelines shall be adhered to when considering a conditional use application:

1.

The planning and zoning board shall schedule and conduct a public hearing in order to formulate its recommendations to the city council on the conditional use permit application. Following the public hearing, the board shall recommend approval, modification, or denial of the proposal to the city council. If the appropriateness of the use cannot be assured at the location, the board shall recommend denial of the application as being incompatible with existing uses or uses permitted by right in the district.

2.

Following a public hearing and in consideration of the board's recommendations, the city council shall approve, modify or deny the proposal for a conditional use permit. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or uses permitted by right in the district.

E.

No proposed or existing building, premise or land use authorized as a conditional use may be established, enlarged, modified, structurally altered or otherwise changed from the approved in the conditional use permit unless such amendment is authorized in accordance with the standards and procedures set forth in this section for initial approval of the permit.

F.

If no building permit has been issued within one year of date of approval of the conditional use permit, such permit shall lapse and no construction shall be permitted, nor use be established, until a new application for conditional use permit is submitted and approved for the intended use.

G.

If the applicant requests an extension of the conditional use permit in writing at least 60 days prior to the date of lapse to the city council, the council shall consider such extension request, prior to the expiration date. For good cause shown, the permit may be extended for a period not to exceed one year.

Section 11. Amendment of plans.

A.

Amendments of any concept plan or development plan, other than minor amendments, shall be made in accordance with the procedure required for approval of the initial plan. Amendments to a concept plan shall be considered amendments to the zoning district.

B.

Minor amendments, which may be authorized by the city manager, shall include, but are not limited to, those changes of detail which do not:

1.

Alter the basic relationship of the proposed development to the adjacent property.

2.

Alter the uses permitted or increase residential density by more than five percent.

3.

Change the minimum number of units necessary.

4.

Decrease off-street parking ratios.

5.

Significantly alter the architecture or landscape as indicated by the approved development plan.

6.

Alter special conditions attached by the planning and zoning board or city council to the approved concept plan or development plan.

C.

An applicant may appeal the decision of the city manager to the city council for review and decision as to whether an amendment to the development plan is required.

Section 12. Lapse of approvals.

A.

If a building permit has not been obtained within one year following approval of the development plan for a use authorized therein, such plan shall lapse unless the property owner requests and extension prior to the expiration of the one-year period. The city council may initiate review of the development in order to determine whether significant progress is being made. If significant progress is not found, the city council may terminate the final development plan or may attach additional conditions to the extension of the plan.

Section 13. Legal status provisions.

A.

In the interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinance, deed restrictions or covenants, the most restrictive or that imposing higher standards shall govern.

B.

It is unlawful to violate the provisions of this ordinance or to fail to comply with any of its requirements (including violations of conditions and safeguards established in connections with grants of variance, special exceptions or conditional uses). Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000.00 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking other such lawful action as is necessary to prevent or remedy any violation.

C.

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or if any building, structure or land is used in violation of this ordinance, the Mayor or City Council of Morrow, the building inspector, the zoning enforcement officer, the city engineer or any adjacent or other property owner or anyone else who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.

D.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. No. 2004-14, 6-8-04; Ord. No. 2007-05, §§ 1—9, 15, 7-10-07; Ord. No. 2009-06, § 5, 5-26-09; Ord. No. 2014-05, 6-24-14)

Editor's note— Ord. No. 2009-06, § 11, adopted May 26, 2009, repealed § 908 which pertained to the OI office/institutional district and derived from Ord. No. 2007-09, adopted Aug. 28, 2007.

Editor's note— Ord. No. 2009-06, § 11, adopted May 26, 2009, repealed § 909 which pertained to the BN neighborhood business district and derived from 2007-09, adopted Aug. 28, 2007.

The general business district is established in order to provide suitable areas for various types and levels of community and regionally-oriented commercial activities, including retail, office uses, wholesale uses, and service activities so as to serve the community and travelling public.

Accessory Uses:

Storage meeting the following conditions:

(1)

Such storage is not visible from the right-of-way.

(2)

Such storage is limited to no more than 60 calendar days at one time and no more than three times per year.

(3)

Such storage is approved by the city manager or his or her designee.

Permitted Uses:

Alteration shops.

Bakeries whose entire products are sold at retail on the premises.

Barber shops, beauty shops and similar personal service establishments.

Billiards.

Books, stationery and card shops.

Business and professional offices.

Clothes cleaning and laundry pick-up stations.

Clinics, except veterinary clinics.

Community shopping centers.

Confectionary stores.

Convenience store without gasoline sales.

Department stores.

Drug stores and apothecary shops.

Florist and gift shops.

Furniture store.

Gift and card shops.

Grocery, fruit, vegetable and meat markets, including supermarkets, but no killing, eviscerating, skinning, plucking, smoking of food products or outside storage, display, or selling is permitted except as normally carried on by deli and meat/seafood departments in grocery stores.

Hardware and appliance stores.

Libraries.

Medical and dental clinics and offices.

News and tobacco store.

Pharmacies.

Photographers (including the sale of supplies and equipment).

Professional and business offices.

Public and governmental buildings.

Radio/TV sales and service.

Regional shopping center.

Restaurants.

Shoe repair shops.

Tailors and clothing shops.

Telephone and telegraph exchanges and utility structures, including storage and parking facilities for equipment and supplies including power sub-stations, transmission towers and similar uses provide the sites are developed according to all provisions of the zoning ordinance.

Theater.

Veterinary clinic for small animals, provided that such clinic and any treatment rooms, cages, pens or kennels be maintained within a completely enclosed, climate controlled, sound insulated building and that such clinic be operated in such a way as to produce no objectionable or noxious odors or noises outside its wall and the provision be made to dispose of all refuse and garbage in a sanitary manner without using any outside storage bins or other such facilities.

Conditional Uses:

Ambulance service.

Amusement centers, and other establishments using amusement devices, other amusement enterprises, including the provision of stage entertainment, bowling alleys, and skating rinks.

Auction gallery.

Automobile laundry provided that a paved area shall be located on the same lot for the storage of vehicles awaiting entrance to the washing process sufficient to contain a number of vehicles (at 180 square feet per vehicle) equal to one-third of the practical hourly capacity of the washing machines and in addition, that curb breaks be limited to two each not closer than 20 feet to a street intersection and each not to exceed 30 feet in width.

Automobile service station. Gasoline and service station buildings are designed for the specific purpose of their business. Therefore, the building must be removed from the site whenever the gasoline tanks are removed from the premises. A remodeled building and site plan may be submitted to the mayor and council for their approval prior to the demolition of the building. The city reserves the right to condemn and demolish the building within 120 days of tank removal. The demolition charges will be attached to the property for payment. The owner of the property must sign a consent form prior to the issuance of the first certificate of occupancy.

Building and lumber supply establishments provided entire area for storage is enclosed within a solid fence at least six feet in height or greater if required to adequately screen the area and that any machine operations be conducted entirely within a building which shall not have any opening other than a stationary window within 100 feet of a residential district.

Churches, synagogues, chapels, or other places of religious worship and instruction, provided that such place of religious worship and instruction is located more than 100 yards (300 feet) from any establishment that sells or offers to sell any distilled spirits in accordance with the licensure and permitting requirements of the state and the city.

Day nurseries, pre-schools and kindergartens.

Flea markets and thrift stores.

Funeral homes.

Group homes.

Hotels, motels, and inns.

Outdoor amusement enterprises including pony riding ring (without stables), miniature golf course, golf driving range, carnivals and bazaars (need not be enclosed).

Commercial parking garages or lots provided no entrance or exit is located between the same two intersections and on the same side of the street as a school and the curb breaks be limited to two, each not to exceed 30 feet in width. (Need not be enclosed).

Mini-warehouses, when located on a minimum site of five acres and conforming to all provisions of the zoning ordinance.

Laundries, launderette, laundromat, clothes cleaning and dry cleaning plants employing not more than ten employees exclusive of outside route driver(s) and employing only nonflammable solvents in the process. Storage of commercial vehicles must comply with all provisions of the zoning ordinance.

Mortuary and crematoria provided adequate paved parking area is provided either on the same lot or not more than 150 feet distant sufficient to accommodate the average number of vehicles to be included in a funeral procession. No vehicle used in any phase of the funeral services operation shall be stored on the public right-of-way.

Garages for repair and maintenance of automobiles provided all such repairs and maintenance are done indoors.

Sales, service, renting or leasing of automobiles, boats or trucks. The minimum lot width for these types of businesses is 200 feet; the minimum lot depth is 200 feet; and, the minimum lot size is three acres. Additionally, all automobile repairs and servicing of vehicles in these types of businesses must be done inside.

In addition to the above requirements concerning garages for repair and maintenance of automobiles, and the sales, service, renting or leasing of automobiles, boats, trailers or trucks, those businesses engaged in the repair, maintenance, and service of automobiles or any similar street transportation vehicles such as trucks or vans must conduct business based on the conditional use provisions of this section and must obtain one of the following types of licenses based on the highest level of business activity that is expected to be conducted at their business site (with Class A being the lowest level of activity and Class C being the highest):

Class A—Car wash, detailing, general cleaning of automobiles. Minor repairs and services including oil changes, radiator flush and fill, and replacement of minor parts including but not limited to air filters, pcv valves, and fuses; and other services of a minor nature that are similar and compatible to those listed.

Class B—Replacement of mufflers, batteries, brakes and tires; front end alignment; tire rotation and computer wheel balance; maintenance tuneups; and other services of a moderate nature that are similar and compatible to those listed, and allowing all Class A activities to be conducted under a Class B license.

Class C—Major repairs and service, including paint and body work; transmission service; engine replacement; extensive engine analysis; chassis work; and other major repairs and services that are similar and compatible to those listed, and allowing all Class A and B activities to be conducted under a Class C license. Any landowner or other applicant who seeks to use a parcel of land or building for a business that is expected to significantly be engaged in the repair, maintenance and service of automobiles and similar transportation vehicles shall be prohibited from such use until all of the following have been met:

(1)

The property at issue is zoned appropriately, or a conditional use permit for such use has been issued by the mayor and council in accordance and in compliance with the requirements of this section, any and all other applicable code provisions, and any additional conditions required by the mayor and council for such approval (including, without limitation, restrictions on overnight customer or other parking at the site);

(2)

All necessary inspections have occurred and permits obtained; and

(3)

Class A, B, or C use license has been issued to the applicant or business owner that conforms to the intended and actual use of the property.

Any person who wishes to change any aspect of their business to include one or more activities of a higher class (such as a Class A licensee who wishes to conduct Class C activities) must apply for such a license change under the same procedures that apply to the zoning of the property. Section 1-1-8 of the City Code of Ordinances and its procedures shall apply to all violations of this section's provisions, specifically including any person who performs one or more business activities that are of a higher level than those permitted by his or her license class. Each licensee hereunder shall have the obligation to make due inquiry to the city about the classification of any contemplated procedure or business activity that is not specifically set forth above to ensure that the procedure or activity is permitted under that licensee's license class. ^[3]

Warehouse/wholesale where the majority of square footage is utilized for retail.

Space Limits: Space limits, except those noted in the paragraph pertaining to sales, service, renting or leasing of automobiles, boats or trucks:

Minimum lot area: None. Minimum lot width: 100 feet.

Minimum front yard: 50 feet, but service station pumps may be 35 feet from the property line.

Minimum rear yard: None, but 40 feet when abutting a residential district.

Minimum side yard: None, but 40 feet when abutting a residential district.

Maximum building height: None.

Maximum ground coverage: 50 percent.

(Ord. No. 94-07, § 1(E), (F), 6-21-94; Ord. No.98-11, § 2, 10-13-98; Ord. No. 98-20, §§ 2, 3, 12-22-98; Ord. No. 99-16, § 2, 6-22-99; Ord. No. 99-18, § 1, 6-22-99; Ord. No. 2003-11, §§ 1(D)—(F), 9-23-03; Ord. No. 2007-09, 8-28-07; Ord. No. 2009-06, §§ 12, 13, 5-26-09; Ord. No. 2013-48, § 2, 9-24-13; Ord. No. 2015-11, § 2, 10-27-15; Ord. No. 2017-03, § 6, 2-28-17; Ord. No. 2017-04, § 4, 4-11-17)

Purpose: This district is to provide for commercial and light industrial uses, all of which shall be nuisance free and not generators of hazardous wastes. It is intended to provide suitable areas for those businesses that may serve as an impetus for the economic decline of the general business district, business distribution/service facilities, transportation terminals, and manufacturing/assembly processes. The district shall be located on either arterial or major collector streets or within industrial parks having access to such thoroughfares. No residential uses shall be permitted within the LM district.

Definitions:

Check casher means an individual, partnership, association, or corporation engaged in cashing checks, money orders, or other drafts for a fee. Such fee may be payable in cash, in the form of exchange of value in excess of regular retail value, in the form of mandatory purchase of goods or services by patrons on a regular basis, which shall mean the check casher conducts such services more than ten times in any calendar month, or in the form of the purchase of catalog items or coupons or other items indicating the ability to receive goods, services, or catalog items.

Payday loans (also known as deferred deposit advances) are small-dollar, short-term, unsecured loans that borrowers promise to repay out of their next paycheck or regular income payment (such as a Social Security check).

Permitted uses:

Adult entertainment establishments as defined and regulated by Title 9, Chapter 4, Article G of the Code of Ordinances of Morrow, Georgia, subject to all location restrictions of that article.

Any commercial or industrial use which involves manufacturing, processing or assembly operations or the storage and sale of heavy materials, products or equipment; but not including uses which may cause injurious or obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, fire hazard or other objectionable conditions detectable at the property line.

Apparel manufacturing plants.

Auto service, sales and repair shops.

Bakeries and other establishments manufacturing prepared foods and miscellaneous food products.

Bottling plants.

Cabinet shops.

Clinics, cafeterias, employee credit unions and recreational facilities for employees only.

Cold storage, ice plants and freezer lockers.

Consumer fireworks retail sales facilities.

Consumer fireworks retail sales stands.

Dairy plants and ice cream manufacturing.

Distribution of products and merchandise.

Dry cleaning and laundering establishments.

Education and training facilities.

Electrical appliances and equipment, sales and repairs, but excluding open storage.

Electronic manufacturing and assembly plants.

Fabricating shops such as cabinet, upholstery and sheet metal shops.

Garages, repair shops and machine shops.

Lodges and organizational meeting halls, including union halls.

Mini-warehouses.

Offices and administrative facilities.

Plumbing shops, but excluding open storage.

Printing, publishing and reproducing establishments.

Residence for the exclusive use of a watchman or caretaker when located on the same tract as the industrial use, and subject to all dimensional and area requirements of the RMA multiple-family residential district.

Textile manufacturing plants.

Tire recapping and retreading shops.

Other uses as may be determined by the planning and zoning board to be similar and compatible with the above-listed permitted uses.

Accessory uses:

None

Conditional uses:

Animal kennels, including the keeping of animals associated with medical research.

Check cashing facilities, full-service, as defined by the Georgia Department of Banking and Finance.

Massage therapists and massage establishments (non-chiropractic licensed), in which massage or massage services are the sole services offered on the premises.

Outdoor advertising signs (billboards) provided compliance with the Morrow Sign Ordinance is assured.

Outdoor theaters, provided acceleration and deceleration lanes (at least 200 feet in length) are provided for the use of vehicles entering or leaving the theater and the volume or concentration of traffic will not constitute a traffic hazard or unduly impede highway traffic movement, and provided that the screen is not visible from any major or minor arterials located within 2,000 feet of the screen.

Pawnbrokers or pawn or swap shops.

Payday lending facilities.

Public lands and structures, but not including schools offering a curriculum similar in content to that offered in the public schools.

Tattoo and tattooing establishments.

Terminal and service garages for inter-city and intra-city vehicles.

Title pawn shops.

Wholesaling and warehousing and those businesses which are incidental thereto, excluding the handling or storage of any material of a flammable or explosive nature.

Performance standards:

All industrial uses in the LM district shall conform to the standards of performance described below and shall be so constructed, maintained and operated as to not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particular matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. None of the aforementioned shall be detectable at the property line. Any stricter state standard existing, or enacted subsequent to adoption of this ordinance shall take precedence over these standards.

(1)

Noise: Noise levels in excess of those permitted in the Department of Housing and Urban Development shall be muffled or eliminated if detectable at the property line so as not to become a nuisance to adjacent uses.

(2)

Vibration: Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments at any point on the property line of the property on which the use is located.

(3)

Smoke: Every use shall be so operated as to prevent the emission of smoke from any source that is in excess of standards promulgated by or prohibited by the Georgia Environmental Protection Division.

(4)

Dust and particulates: Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property or discomfort to persons or animals at or beyond the lot line of the property on which the use is located. Particulate emissions shall comply with all standards promulgated by the Environmental Protection Division of the Georgia Department of Natural Resources.

(5)

Industrial sewage and waste: Every use shall be so operated as to prevent the discharge into any stream, lake, sewer system or the ground of any waste which exceeds the standards for effluents as promulgated by the Environmental Protection Division of the Georgia Department of Natural Resources.

(6)

Odors: Every use shall be so operated as to prevent the emission of odors in a concentration as to be readily perceptible to any point at the lot line of the property on which the use is located.

(7)

Glare: Every use shall be so operated as to prevent emission of glare of an intensity as to be readily perceptible at any point on the property line.

(8)

Fire and safety hazard: Each use shall be operated so as to lessen the danger from fire and explosion.

a.

All uses storing, processing or producing free or active burning material (as determined by the building inspector) shall be located entirely within buildings or structures having exterior incombustible walls and all such buildings shall be set back at least 50 feet from all lot lines.

b.

All materials or products which produce inflammable or explosive vapors or gases under ordinary weather conditions shall not be permitted within 100 feet of any lot line.

c.

All buildings and structures containing explosives shall be set back from all property lines a distance to be determined by the building inspector, but in no case less than 100 feet.

(9)

Hazardous wastes: No use shall be permitted which produces as a waste product any substance identified by the United States Environmental Protection Agency as a toxic substance.

(10)

Storage: Within 300 feet of a residential district, all processes and storage except of passenger car vehicles shall be in completely enclosed buildings. Processes and storage located at a greater distance shall be effectively screened by a solid wall or fence at least six feet in height, but in no case lower in height than the enclosed process or storage.

Space limits:

Minimum lot area: One acre.

Minimum lot width: 150 feet.

Minimum front yard: 50 feet.

Minimum rear yard: 30 feet, but 50 feet if abutting a residential district.

Minimum side yard: 20 feet, but 50 feet if abutting a residential district.

Maximum building height: 65 feet.

Maximum ground coverage: 60 percent.

For consumer fireworks retail sales stands and consumer fireworks retail sales facilities only:

Minimum distance from right-of-way: 30 feet from right-of-way.

(Ord. No. 95-04, § 1(C)—(G), 4-11-95; Ord. No. 98-19, § 1, 12-22-98; Ord. 99-12, § 1, 5-25-99; Ord. No. 2003-08, § 1F(1)—(3), 7-22-03; Ord. No. 2006-12, 11-28-06; Ord. No. 2017-03, §§ 7, 8, 2-28-17)

Purpose: This district provides for the broadest range of commercial and industrial operations permitted in the city. It is the district for location of those businesses that may serve as an impetus for the economic decline of the general business district and for the location of those industries which have not reached a technical stage which renders them free of all nuisance factors. These uses are to be located on either an arterial or major collector street, or when in an industrial park shall have access to such thoroughfares. No residential uses are permitted in the HM district.

Permitted uses:

Any use permitted in the LM, light manufacturing district provided there is no generation of hazardous substances.

Brick, tile or terra cotta manufacture.

Cement, lime, gypsum or plaster of paris manufacture.

Central mixing plants for cement, mortar, plaster, or housing material.

Concrete, cement products or clay products manufacture.

Foundry or forging plants.

Grain elevators or commercial feed mills.

Other uses as may be determined by the planning and zoning board to be similar and compatible with the above-listed permitted uses.

Accessory uses:

None

Conditional uses:

Those conditional uses permitted in the LM district.

Automobile wrecking or junk yards, when completely enclosed by a solid fence having a minimum height of six feet, but in no case less than (such) a height as will effectively screen all operations from view, and located not closer than 300 feet to a residential district nor closer than 50 feet to any property line. This fence shall be properly maintained.

Natural production uses—The excavation and sale of topsoil, gravel, sand, shale or other material of natural mineral deposit, or quarrying of any kind of rock formation, subject to the following conditions:

(1)

In the case of open excavation there shall be a substantial fence with suitable gates, completely enclosing the portion of the property in which the excavation is located; and such fence shall be located at all points 40 feet or more distant from the edge of the excavation.

(2)

The slope of the material in the sand, gravel or other pit shall not exceed the normal angle of repose of the material, and the plane of that angle of repose shall not come nearer than 40 feet to any property line.

(3)

In the case of a quarry or other excavation in rock, there shall be a substantial fence, with suitable gates, at all points 40 feet or more distant from the face of any quarry walls.

(4)

No quarry wall shall be nearer than 40 feet to any property boundary line or street line.

(5)

The product of the quarry shall be removed in the form in which it is quarried.

Poultry killing, plucking or processing.

Taxicab and limousine services.

Performance standards:

All uses in the HM district shall conform to the performance standards contained in the LM district.

Space limits:

Minimum lot area: Two acres.

Minimum lot width: 200 feet.

Minimum front yard: 80 feet.

Minimum rear yard: 65 feet.

Minimum side yard: 50 feet.

Maximum building height: 65 feet.

Maximum ground coverage: 60 percent.

(Ord. No. 2000-05, § 1, 3-28-00; Ord. No. 2003-08, § 2A., 7-22-03; Ord. No. 2006-12, 11-28-06)

Purpose: It is the intent of this district to encourage development of compatible land uses on a scale larger than that of individual small parcels. This district is designed to be appended to a residential, commercial, or industrial district to provide greater latitude with regard to the internal site planning considerations of a planned center development. All planned center developments shall be consistent with the land use plan. For purposes of zoning compliance, a planned center property shall be treated as one lot. All planned centers shall be located on a street having minimum classification of major collector. A planned center shall not contain a mixture of uses not otherwise permitted in the zoning district to which it is appended.

Permitted uses:

Residential planned center.

Single-family, attached single-family, two-family, multifamily development of a conventional or cluster-type development.

Public buildings and recreational facilities.

Private garages and parking lots.

Office planned center.

Professional business, medical and dental offices.

Public and governmental buildings and offices.

Retail uses normally appurtenant to office uses such as florist shops, cafeterias, snack shops, pharmacies and gift shops when located on the ground floor of a multi-story office or residential structure.

Shopping center/planned center.

Any retail, office, or service use permitted in the BG district.

Department stores.

Other retail and service uses as determined by the planning and zoning board.

Industrial park planned center.

Any permitted use listed in the LM district with the exception of the following:

1.

Auto service, sales and repair.

2.

Cold storage, ice plants and frozen lockers.

3.

Garages and repair shops.

4.

Service stations.

Other uses as may be determined by the planning and zoning board to be similar and compatible with permitted uses in the LM district.

General provisions:

Land may be rezoned as a planned center if any one of the following conditions are met:

1.

More than one principal land use is proposed for development on a single parcel under single or multiple ownership.

2.

Exceptions or variations to the size, dimensional changes in standards required or other requirements of the zoning ordinance are being sought.

In order to qualify for a planned center zoning classification, a proposed planned center must first meet the following requirements:

1.

The proposed development must be compatible with land use existing in the district to which the -PC district is to be appended. For example, a residential planned center must be appended to a residential district, a commercial planned center must be appended for a commercial district, etc.

2.

The area proposed shall be in one ownership, or if in several ownerships, the application for amendment to the zoning ordinance shall be filed jointly by all of the owners of the properties included in the plan.

3.

A sketch plan of the proposed planned center shall be reviewed by the planning and zoning board. The sketch plan may be a free-hand sketch made on a plat showing topography, having contour intervals of ten feet or less. The sketch plan shall include all of the contiguous property under one ownership and shall contain the following information:

—

The planned center name;

—

The owner and designer of the planned center;

—

Date, scale and north arrow;

—

Proposed uses and the acreage in each proposed use;

—

Acreage in total tract;

—

Any proposed street design and layout;

—

Vicinity map;

—

Approximate number of lots, if any, and approximate lot boundaries;

—

Proposed buffers and/or screening, if required;

—

Location of proposed buildings.

4.

Subsequent to sketch plan approval, a formal development plan shall be prepared incorporating comments and modifications suggested by the planning and zoning board.

This plan shall be reviewed and a recommendation made to the city council by the planning and zoning board. Specifically, such plan shall include the following elements:

a.

A plot plan drawn to scale by a registered engineer, land surveyor, landscape architect or architect showing the exact dimensions of the parcel or parcels of land under consideration, and including the following:

—

A site plan drawn to scale (1" = 100' or 1" = 50') and indicating all property dimensions, platting and street systems, proposed building sites, plans for the protection of abutting properties, means of ingress and egress, access and circulation arrangements, off-street parking and loading facilities, proposed reservation or dedications for streets and other public facilities, and, if requested, two-foot vertical contour intervals. The site plan shall include the name of the development and the developers, a north point, the depth of field survey, tract boundary lines, dimensions, bearing, angles and reference points to at least two permanent monuments.

—

If the proposal includes the subdivision of land for any purpose or the provision of new streets, the information required above and any additional information required with the submittal of preliminary plats under the subdivision regulations of the City of Morrow, the site plan shall be processed simultaneously as a preliminary plat under the subdivision regulations of the City of Morrow, and as a part of the application for a planned center district classification as provided for in this ordinance.

b.

A written report shall be submitted by the applicant, reviewed and approved by the planning and zoning board and the city council, and such report shall explain the type, nature, intent and characteristics of the proposed development, and shall specifically include, where applicable:

—

A general description of the proposal;

—

A detailed legal description of the location of the site;

—

Proposed standards for development, including restrictions on the use of the property, density standards and yard requirements and restrictive covenants;

—

Proposed dedications of land for public use, including streets, easements, parks and school sites;

—

Exceptions or variations from the requirements of the zoning ordinance if any are being requested;

—

Plans for the provision of utilities, including water, sewer and drainage facilities;

—

Plans for protection of abutting properties;

—

Tables showing the total number of acres in the proposed development and the percentage designated for each proposed type of land use, including public facilities;

—

Plans for open space, courts, walks, and common areas; and

—

Tabulations of the overall density for residential uses, if any, and other data that the planning and zoning board and the city council may require.

c.

The planning and zoning board may also request that the applicant have an environmental impact report prepared by a mutually agreed upon qualified professional. This report shall objectively discuss positive and negative impact of the proposed development on adjacent land uses, traffic patterns and volumes, vegetation and wildlife habitat and area aesthetics. An environmental impact report shall be mandatory if a proposed project generates 2,000 vehicle trips per day or adds at least 30,000 gallons per day to sewage treatment plant capacity.

Administrative procedures:

Any request to establish a -PC district shall be considered an amendment to the zoning ordinance and shall be processed in accordance with the procedures established herein.

The proponents of the planned center shall begin construction exactly as proposed within two years of the recording of the amendments. If such construction is not commenced and pursued in an orderly manner toward completion, the city council may initiate action to abolish the zoning or reduce the size of the tract to fit the scope of the actual development. It is intended that a planned center be designed to carry out the objectives of the planning practices established by this ordinance and to be so developed within a reasonable time.

It is recognized that changes in the detail of an originally proposed plan could occur. The planning and zoning board is therefore authorized to act on proposed changes from the original plan provided said changes do not materially affect the basic design or negate any special features which were designed to facilitate traffic or preserve neighborhood character. Written approval of the planning and zoning board shall be required for all changes made.

Space limits:

Minimum lot area: Three acres.

Minimum lot width: 200 feet.

Minimum front yard: 60 feet.

Minimum rear yard: None, but 50 feet if commercial uses abut a residential district and 100 feet if industrial uses abut a residential district.

Minimum side yard: None, but 50 feet if commercial uses abut a residential district and 100 feet if industrial uses abut a residential district.

Maximum building height: Same as for similar uses in the primary district to which the -PC district is appended.

Maximum ground coverage (exclusive of accessory uses):

Residential planned development: 40 percent.

Office planned development: 50 percent.

Shopping center planned development: 40 percent.

Industrial planned development: 60 percent.

Maximum permissible density:

Residential planned development: For single-family, two dwelling units per acre; for attached single-family and two-family four dwelling units per acre; for multiple-family ten dwelling units per acre.

Office planned development: 85,000 square feet per net acre.

Shopping center planned development: 17,500 square feet per net acre.

Industrial planned development: 26,000 square feet per net acre.

Miscellaneous provisions:

Buffer requirements of this ordinance will be met by planned center developments. The size of required buffers shall be determined by the classification of planned center.

Design requirements:

For all planned center developments the following design parameters shall be adhered to and reflected on the site plan submittal as part of the rezoning application.

•

All buildings that are to occupy the site shall adhere to a single, consistent architectural theme. This theme shall become a part of any restrictive covenants or deed restrictions relating to the development.

•

The exterior appearance of a building shall be compatible with the general character of the surrounding locale.

•

Design of structures shall be planned in such a manner to utilize the natural features of the site, i.e. topography, landforms, scenic views, and open space.

•

Any exterior portions of a building, attached or detached shall be compatible to the main structure.

•

All utilities shall be located underground.

•

Residential, office or shopping center planned centers shall include sidewalks for pedestrian use.

•

All new landscaping shall be identified by type and location on the design plan and new landscaping to be provided on the site shall be compatible with existing vegetation.

•

Existing tree cover and natural vegetation shall be preserved whenever possible, or replaced with similar vegetation.

•

Landscaping shall be installed to screen objectionable views such as parking areas, drainage ways, refuse containers and exterior mechanical equipment.

•

Grass areas shall either be sodded or, if grass seed is to be utilized, it shall be of a variety suitable to the locale, and produce complete coverage.

•

No artificial plants, trees or other vegetation shall be installed.

•

Existing, healthy deciduous and hardwood trees shall be retained when feasible, or shall be replaced with the same or similar type of tree.

•

A landscaped strip and/or masonry wall or decorative wood fence shall be required along all public rights-of-way except where driveways are required. A landscaped strip and/or masonry wall or decorative wood fence shall be required along any side lot abutting adjoining public right-of-way, except where driveways are retained.

•

Interior landscaping for parking areas shall be required in those parking areas providing at least 15 spaces.

(Ord. No. 2009-06, § 14, 5-26-09)

Purpose: This district is composed of certain lands and structures in the city presently having a predominately rural character and which will likely retain this rural character for an indeterminate period of time. Regulations in this district impose only minimum restrictions on the use of land for agricultural purposes, and these minimum regulations are intended primarily to protect nearby residential uses from possible objectionable effects of certain agricultural operations such as livestock raising, storage of fertilizer, or sawmill operations. Regulations relating to the operation of quarries are intended to ensure that these operations will not constitute a hazard to public safety and to encourage the quarrying of the property in such a manner that when quarry operations are completed, the land will be usable for other purposes such as private or public recreation areas, water storage or industry.

As the need and demand for additional open land suitable for urban development is determined by the planning commission [planning and zoning board], selected portions of this agricultural district may be rezoned for more intensive forms of development.

Permitted uses:

Single-family dwellings, including additional single-family units located on the same lot or parcel as the principal building on the basis of one single-family unit for each ten acres in addition to the lot area required for the principal residence. The additional units shall be subject to all of the yard requirements of this district.

Accessory uses:

Home occupations

Conditional uses:

Churches and other places of worship with attendant educational-recreational buildings. No church, synagogue, chapel, or other place of religious worship and instruction shall be located within 100 yards (300 feet) of any establishment that sells or offers to sell any distilled spirits in accordance with the licensure and permitting requirements of the state and the city.

Cemeteries, provided that the location of these uses shall be limited to any locations where they may best serve as a transitional open use between less compatible uses and to locations abutting state or federal highways.

Clubs, private and public, including golf and country clubs, fishing clubs, gun clubs and other similar enterprises.

Privately owned and operated recreational facility having an area of not less than 50 acres and containing recreational facilities open to the paying public. A comprehensive development plan for the entire area shall be submitted to the planning commission [planning and zoning board] in addition to specific plans for each of the commercial facilities to be developed.

Athletic fields or stadiums, racetracks and speedways, and recreation areas for public uses including golf driving ranges, swimming pools, fishing lakes and similar recreational uses when located on a tract of land not less than five acres.

Airplane landing fields and helicopter ports and accessory facilities for private or public use including flight strips.

Schools and publicly owned and operated community structures and lands.

Public utility structures and lands.

All conditional nonresidential uses in the agricultural district shall conform to the standards of performance described in the LM district and shall be so constructed, maintained and operated as to not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particular matter, electrical disturbance, toxic or noxious waste material, odor, fire and explosive hazard or glare.

Space limits:

Minimum lot area: One acre.

Minimum lot width: 100 feet at the building line.

Minimum front yard: 50 feet.

Minimum rear yard: 40 feet.

Minimum side yard: 15 feet.

Maximum building height:

Single-family residences 35 feet.

Farm structures 50 feet.

Other structures 75 feet.

Maximum ground coverage: 25 percent including accessory buildings and structures.

Minimum floor area: 1,600 sq. feet for residences.

(Ord. No. 2013-48, § 3, 9-24-13)

Purpose and intent: The purpose and intent of this article is to establish a uniform procedure for review and approval of projects; to protect, enhance, preserve or reuse places, sites, buildings, structures, objects, streets, street furniture, sidewalks, neighborhoods, and landscape features; provide for aesthetic, economic, and functional value of properties, neighborhoods, and structures; and to promote aesthetics of the built environment, business viability, neighborhood preservation and public safety in the City of Morrow.

The added purposes of this mixed use district allows developers the opportunity to maximize the building floor area on each lot, locate parking off the street frontage so that businesses can move close to the sidewalk and more readily attract pedestrians, place buildings at a minimal front setback line close behind a sidewalk of adequate width, encourage construction of at least three-story buildings, locate retail uses on the ground-floor street frontage preferably adjacent to other retail uses, locate on second and higher floors office, service, or residential uses that generate pedestrian traffic from the general public to utilize the continuity along the street frontage of retail uses, provide better access to the land areas remaining undeveloped or underdeveloped, develop sidewalks and building features (e.g., entrances, weather protection) so as to maximize safety, comfort, ease of movement, and convenience for pedestrians.

The scope of this zoning also includes standards for sidewalks; pedestrian and site lighting; street trees; site development; design, materials, location and orientation of buildings and accessory structures; landscaping; screening and material. These standards are necessary to implement the goals contained in the City of Morrow Livable Community Initiative Study. Such goals include, but are not limited to, implementing an integrated transportation and land use plan; creating a town center, applying design guidelines; improving traffic and the pedestrian environment, aesthetics of the built environment, and business viability; preserving neighborhoods and promoting public safety. The mixed use district (MU) standards apply to all properties within the district for which initial development or redevelopment is taking place; provided that nothing in this article shall prohibit homeowners of existing single-family homes from improving their homes in accordance with traditional standards of the RS-80 District and city adopted codes of technical regulations. This proviso shall exempt from compliance, improvements to homes that would otherwise be affected by the 40 percent trigger of the review process below and further provided that any single-family home may be rebuilt following damage or destruction by fire or other natural causes without regard to the 50 percent limitation on demolition.

Review process. Applications for improvements to developed sites and/or existing structures shall meet the standards contained in this article for installation of sidewalks, pedestrian lighting, and street trees, when the proposed interior and/or exterior renovation of a building and/or site re-development improvements have a declared value equal to or greater than 40 percent of the property's most recent tax assessment, building or expansion of floor space of an existing building.

Estimated costs of, including but not limited to, demolition, construction, installation, and fabrication, including labor and materials, for both interior and exterior improvements, shall be submitted at the time a building and/or land disturbance permit application is filed.

The declared value of improvements under multiple permits shall be cumulative and shall include the value of improvements under permits issued for the previous seven years, from the date the most recent application is filed.

All land disturbance permit applications for new construction shall meet the standards contained in the MU zoning classification.

All building permit applications for new buildings shall meet the standards contained in the MU zoning classification.

Where two or more properties, lots or parcels are located within the same block or have frontage on the same side of the street between two intersecting streets, and are under common ownership and are being developed or re-developed as a single development operation or a series of coordinated development operations, these properties shall be considered as a single property for purposes of this article.

When a portion of any parcel, lot, property, or development, falls within the boundary of the MU district, the entire development shall meet these standards.

Streetscape Standards:

Street trees shall be:

1.

Centered two feet from the sidewalk between the sidewalk and back of curb on streets. Street trees may be placed adjacent to the sidewalk away from the street, if in conflict with utilities.

2.

A minimum four inch caliper.

4.

Planted at approximately 40 feet on center.

5.

Selected from the species listed in attachment.

6.

Of a single species on any single property, although other required trees on property need not be of a single species.

7.

Shall contribute towards the requirements of the Tree Preservation Ordinance.

Sidewalks:

1.

Sidewalk widths may be tapered between streetscape types.

2.

Sidewalk paths shall be continued across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design.

3.

Where rights-of-way are insufficient to accommodate the required sidewalk and planted strip, the streetscape may be located outside the right-of-way.

4.

Where the front setback for a new building is not an exception, a sidewalk 15 feet in depth shall extend from the eight foot grass strip to the building face. Street trees may be planted in the portion of the sidewalk area nearer the street curb. This sidewalk requirement also shall apply to an addition to an existing building except for alteration of existing front parking or where the space between the existing front building face and a line 15 feet behind the curb is landscaped or improved for pedestrian use.

Weather protection. Awnings or canopies are not required, but any awnings and canopies approved by the city council may extend over sidewalks (public or private), to protect patrons and to facilitate movement of pedestrians from building to building in inclement weather. Supporting structure for such awnings or canopies shall not block any portion of a public sidewalk. Awnings and canopies and any signs suspended from them shall clear the sidewalk by at least eight feet.

Pedestrian circulation requirements. Substitute or alternative pedestrian routes through or between buildings for part or all of the requirements in this chapter may be authorized by special administrative permit, upon a finding by the city council that: (i) such pedestrian ways are not inconsistent with the purpose and intent of this chapter; and (ii) such pedestrian ways provide equal or improved pedestrian circulation. That portion of the pedestrian circulation requirement of this chapter which lies within the net lot area shall constitute a corresponding portion of the open space requirements.

Development pattern and land access. As development and redevelopment occur, a pattern of a sidewalk (15 feet) on each side, with any utilities so located that tree-planting wells may be placed in that portion of the sidewalk nearer the curb, and marked pedestrian crossings, including curb "bump-outs" at all intersections and midblock pedestrian crossings. This pattern shall be designed to permit safe, low-speed circulation of cars and pedestrians throughout the area, provide for the creation of small lots and buildings, and facilitate placement of additional buildings at the sidewalks of such additional streets. Other street configurations may be considered, subject to a determination that the purposes and provisions of this overlay district are satisfied to a reasonable degree.

Pedestrian lighting:

1.

Pedestrian lighting shall be installed when new or upgraded sidewalks are constructed.

2.

Pedestrian lighting shall be spaced 60 feet apart and shall be equal distance from required street trees, in accordance with the Georgia Power Area-wide Pedestrian Lighting Plan.

3.

Fixtures design shall be approved by the Morrow Public Works Director.

4.

On intra-parcel sidewalks, fixtures shall be installed to maintain a minimum lighting level on the pathway of six foot-candles.

Site Development Standards:

Intra-parcel walkways. A continuous, on-site intra-parcel walkway of at least five feet in width is required to connect the public sidewalk to the main entrance(s) of that property's building(s), and shall comply with the Americans with Disabilities Act (ADA), in all respects. Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise above the parking lot or a combination of these means, to minimize auto-pedestrian conflict.

Landscape strips and planting materials:

1.

There shall be a ten foot wide landscape strip adjacent to the edge of the sidewalk.

a.

Strip between street and sidewalk—Material and width. Two-foot wide brick paver, eight-foot wide planted strip (groundcovers, grass).

b.

Sidewalks—Required in all districts. Width of sidewalk—Fifteen feet.

2.

Ground covers and mulch or similar materials, shall be utilized in parking lot landscape islands. Turf grass is permitted with an expectable landscape and irrigation plan.

Buffers. A 40-foot natural or enhanced buffer with an eight-foot City of Morrow approved masonary wall shall remain between all MU zoning classification developments and any remaining RS-80 single family residential zoned property as defined by the Future land Use Map designed in April 2004. A MU development that abuts an RS-80 community, but is divided by a road, shall use the public right-of-way for their side of the roadway as the starting point and move back 40 feet to meet the buffer requirement. The city council may require additional plantings, enhancements, walkways, paths, lighting, or other community functional needs to incorporate the MU development into the adjacent residential community.

Accessory structures and screening:

1.

Accessory structures shall not be located in any yard adjacent to a public street or viewable to the general public.

2.

Loading docks, refuse and waste removal areas, service yards, exterior work areas, mechanical equipment or other utilities if visible from a public street shall be screened from public view by one or a combination of the following elements: continuous evergreen plantings, opaque approved fences or other material related to the primary landscape or architectural elements on the site.

3.

When plantings are used as screens, such plantings shall be evergreen. Such plantings shall count toward required minimum landscape areas rather than being in addition thereto.

4.

Where walls or approved fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme whenever feasible.

5.

Where a parking lot, parking structure or gas fueling bays front directly on a public street, a continuous screen of evergreen (to be equally effective all year) planting shall be provided. Said screen shall be a minimum height of two feet, a maximum height of three feet, and minimum width of five feet. Such planting shall contribute to the minimum landscape areas.

Fences and walls. The following standards apply to common fences and walls around businesses, residential developments, and detached and attached residential subdivisions along public street frontages. The following standards are in addition to the standards set forth in the regulations, fences and walls.

1.

Allowable materials include: natural and man-made stone, brick, ornamental decorative or wrought iron or aluminum, or architectural concrete.

2.

Fencing made of barbed wire, razor wire, plastic, cloth, wood, or chain-link is prohibited,

3.

When the building fronts and sides are visible to a public street, any wall or fence over two feet in height from finished grade shall not be opaque and shall have a minimum opening ratio of 50 percent.

4.

When the back of the building is visible to a public street, fences or walls shall be opaque.

5.

Application for fence and wall permits shall be approved by the city manager.

Parking. The City of Morrow strongly encourages structured parking in the MU zoning classification. Existing surface parking exceeds the needs of the community and reduces our ability to create a pedestrian friendly environment for our guests, corporations, and residents.

Front parking. No parking, driveway, or other area for vehicles shall be placed between the building and the street.

Existing parking in front of buildings. Upon adding floor space to a lot with an existing building, where parking requirements are otherwise met, existing parking in front of buildings shall be replaced by uses such as

1.

Expansion of the existing building, including a one-story expansion such as a porch,

2.

Outdoor seating for serving food or beverages, or

3.

A pedestrian courtyard.

Bicycle parking: A minimum of one bicycle parking space shall be provided for every 20 auto spaces.

Off-site parking. Where alternative off-site parking (either public parking or private parking obtained by lease or easement) is provided within 200 feet of the property, the on-site parking requirement may be reduced to as little as zero, provided that the total of on-site and alternative off-site parking together shall meet the requirement for the proposed use and

a.

The building meets the requirements regarding number of stories or

b.

The use of existing floor space is proposed to be altered in a manner that requires more parking spaces (e.g., an existing space is being changed from office to retail use, or a restaurant is expanding the number of seats).

The availability of alternative off-site parking for a particular development shall be determined based on

1.

The total number of off-site parking spaces that will be available by the time of occupancy of the new floor space,

2.

The cumulative amount of new floor space for which the off-site parking spaces are counted in meeting the parking requirement, and

3.

The maximum number of such off-site parking spaces likely to be utilized at any one time by the cumulative new floor space.

Parking ratios. The number of parking spaces provided for a site shall meet but shall not exceed the number calculated from the parking ratios required by the Zoning Ordinance, unless such higher number is justified to and approved by the city council. For a building of three or more stories, floor area lost to stairwells and elevator shafts shall not be included in total floor area for parking calculations.

Minimum number, maximum number. The following are the minimum and maximum number of off-street parking spaces and loading stalls required by type of permitted uses in the Mixed Use Classification (MU). Twenty percent of the total required parking spaces may be set aside for compact and sub-compact cars. For any use not listed the city council shall determine the proper requirements by classifying the proposed use among the uses specified herein so as to assure equal treatment follows the principles set forth. In making any such determination, the city council shall follow the principles set forth at the beginning of this article.

The minimum standards are available to properties which comply with the streetscape standards and have pedestrian access to the street.

1.

All parking, except residential, shall be shared.

2.

Parking spaces are permitted off-site.

3.

Parking areas are not permitted between the sidewalk and the front of the building.

Shared parking. Where a parking area will serve two or more uses for which peak parking demand occurs at different times, the city council may permit an appropriate number of such spaces to count toward the parking requirement for more than one of those uses.

Parallel parking. Where parallel parking is allowed on a street section abutting the property and on the same side of the street as the property, such parallel parking shall count toward meeting the parking requirement for the property.

Surface parking. All new non structured parking spaces or lots built after June 1, 2004, shall be limited to 30 percent of a development's property. All additional parking must be structured parking.

1.

Parking lots shall be broken up within the development and no single surface area shall designed to hold all the parking spaces for the development.

2.

Shared parking is encouraged to meet the development's needs and to utilize existing surface parking within the city.

3.

Stand alone, non-structured, parking lots (whose primary use is to meet the parking needs of adjacent property) are prohibited.

Parking lot islands. For all surface parking areas allowed under the Mixed Use classification a landscape island having a minimum dimension of ten feet by 38 feet shall be installed and at each end of the parking aisle, a landscape island having a minimum dimension of 20 feet by 38 feet shall be installed in order to separate the last space from any adjacent travel ways. Every parking row must be divided by a minimum ten foot wide landscape strip. (For landscape purposes)

Alleys. As development or redevelopment of the area permits, alleys shall be created for access to parking on the rear of properties.

Sight distance. No building, sign, structure or object, tree or other landscape feature shall be installed, built, or allowed to grow which will impede visibility at street corners, driveways and/or intersections, pursuant to AASHTO standards for sight triangles.

Yards adjacent to a street (as measured from the back of curb).

a.

Minimum yard: Twenty-five feet.

b.

Maximum yard: Forty-foot setback above the fourth floor.

Minimum side yards. Zero (if there are no windows along the side wall).

Lot width. Minimum lot width may be reduced to 40 feet, provided:

1.

The width is uniform,

2.

A building of three or more stories is constructed on the lot, and

3.

Any building less than 40 feet in width shall be attached to another building such that the total width of the attached buildings along the street frontage is at least 40 feet.

Building width. A new building or addition to an existing building shall occupy the full width of the lot, except in the following circumstances:

a.

A pedestrian passageway to parking or other businesses to the rear of the building is provided.

b.

A side yard is used as an outside seating area for a restaurant or a public courtyard.

c.

A driveway to parking spaces in the rear is allowed alongside the building because there is no reasonable alternative access to the parking spaces.

d.

A utility easement precludes use of the full width, in which case one of the above uses shall be placed over the easement. Where a new building will occupy an undivided portion of a shopping center parking lot, a "development area" for that building shall be identified and treated the same as if it were a separate lot.

Street Furniture and Amenity Zone:

Clear zone: Outside the two foot paver band and required landscape strip, there shall be a clear zone of six feet where there shall be no permanent structures, including but not limited to, utility poles, mail boxes, newspaper vending boxes, sign structures, and benches.

Furniture zone: The remaining portion of the sidewalk, outside the clear zone, shall be used for the following purposes, including, but not limited to street trees, garbage receptacles, bicycle racks, benches and other seating elements which do not obstruct pedestrian access or motorist visibility.

Recreation and hardscape improvements: A minimum of 20 percent of the developable area shall be set aside for recreational facilities, plazas, or other gathering areas. Such public space shall include planted areas, fountains, plazas, hardscape elements related to sidewalks and plazas, and similar features which are located on private property. The proposed hardscape improvements or recreational areas shall be illustrated as part of the development process. Final approval shall rest with the city council.

1.

Workout areas and wellness centers shall count as recreational space and do not have to be open to the public. However, at least 15 percent of the developable area recreation and hardscape requirement shall be located on the street level and open to the general public.

Front setback. A new building or addition to an existing building shall be constructed no closer than 25 feet and not further than 35 feet, at the street right-of-way line or at the back of a required 15-foot sidewalk or at a distance behind the curb specified in plans adopted by the city council for a specific area, whichever is the greatest distance behind the street curb. In no case shall the front setback specified for the underlying zoning district take precedence. Exceptions to the aforesaid front setback are where a pedestrian courtyard (including outdoor seating for a business serving food or beverages) is created behind the sidewalk, in which case a building that abuts the courtyard may be set immediately behind it, where a building must be set back from the street to a location where the property is wider, because the street frontage is too narrow for the building, or where an addition to an existing building is at such a substantial distance from the aforesaid setback line or so located that it is determined that it can not reasonably be extended to that line (e.g., an addition to an existing building set well back on a shopping center property).

Building setbacks. Building setbacks in yards adjacent to public streets may be increased to a maximum of 35 feet to accommodate outdoor space needed for plazas, dining, art, fountains, bicycle parking, gathering and seating places, gazebos or similar uses. Such improvements shall be documented on the final site plan.

Orientation to street:

1.

Newly constructed buildings: At least one public (e.g. open to the public during normal business hours) pedestrian oriented entrance shall be located on the street side of the building. There shall be pedestrian access directly from the sidewalk to the principal building entrance.

2.

Drive through windows shall be located in the rear yard.

3.

Gasoline fuel dispenser structures shall be located along a side yard and shall not be located between the building and the street.

Relationship of building to street: Ground floor uses with street frontage shall only be retail, office, or institutional, and entrances shall be directly accessible, visible and adjacent to the sidewalk. Said uses shall be provided for a minimum depth of 25 feet from any building facade along the sidewalk, unless existing topographical considerations render this requirement unreasonable.

Building heights:

1.

The minimum height of all buildings is three floors or 45 feet, whichever is less.

2.

No maximum building height is set.

Building design guidelines. New, remodeled and rehabilitated buildings, parking decks, and other structures shall employ street level design elements that relate to a pedestrian scale through the following means:

1.

Building floors shall be delineated from the sidewalk level to the third floor through windows, belt courses, cornice lines or similar architectural details.

2.

Building entrances shall be articulated and create additional visual interest and / or opportunities for human activity and interaction by using one or more of the following methods:

a.

Building materials, architectural details and patterns shall be varied per tenant or every 75 feet, whichever is less.

b.

Roof line and building offsets shall be varied by a minimum of two feet for every three tenant spaces or 75 feet of building face, whichever is less.

c.

Awnings, canopies, or other type of covered-projected entry, or

d.

Places for human activity, including, but not limited to plazas, courtyards, porches, decks, outdoor seating, landscaping, gazebos, pavilions or fountains.

e.

The maximum length of a building parallel to a public street shall not exceed 200 feet.

3.

Every street face shall have a public entrance that is open during business hours into the ground-floor space. (On a corner lot, a corner entrance may serve both street faces.)

Windows:

a.

A minimum of 60 percent of ground level facades of a new building or additions to an existing building shall be composed of windows opening into the interior, display windows (which need not be open into the interior), or entrances, which openings are determined by the city council to be well-distributed along the face of the building or addition so as to minimize the lengths of blank wall areas.

b.

All ground floor windows shall be transparent. Reflective and/or opaque glass is not permitted on ground level floors.

c.

For building faces oriented toward a street, windows shall be placed at distances no greater than ten feet apart.

Color. Primary or fluorescent colors shall not be employed except on awnings or canopies.

Parking structures and decks. When adjacent to a public street, above street level parking structures and decks shall create visual interest through the articulation of openings, cornice lines, and belt courses or similar architectural details.

Street address. A street address number shall follow these requirements:

1.

It shall be located above the building entrance.

2.

It shall be clearly visible from the sidewalk and street. It shall be a minimum of six inches in height.

Building materials:

Architectural treatment prohibited:

1.

Prohibited exterior building components, if visible from any public street, include: Steel gates, burglar bars, steel roll down curtains. If not visible from any public area, such treatments are allowed. Interior security measures shall not be regulated.

2.

The following materials shall be prohibited as primary roofing materials: Composite shingle and wood roof shingle

Allowed architectural material:

a.

A decorative parapet or cornice shall be constructed along all flat roof lines.

b.

Roof-mounted equipment shall be screened from view by a decorative parapet or cornice (point of view shall be across any public street, from the edge of right-of-way furthest from the building).

Architectural features required: The principal entry area of a building shall be articulated and express greater architectural detail than other portions of the building. Individual tenant space entries shall also be articulated and express greater architectural detail than the building wall.

a.

Encouraged architectural elements include: columns, arcades and covered entry walkway, arches, facade offsets, windows, balconies, undulating walls, clock towers, cupolas and courtyards.

b.

Building harmony: Out-parcel buildings or spin sites, which are identified on a site plan approved pursuant to a single zoning case, shall have architectural features consistent with the principal buildings.

Residential Requirements:

Homeowners associations and maintenance agreements: All residential or mixed use dwellings, townhouses, condominiums or other living spaces created after January 1, 2000, are required to have a homeowners' association and current maintenance agreements. All initial homeowners' association rules and bylaws and maintenance agreements must be reviewed and approved by the city council to ensure continued compliance over time with the standards and purposes of this article. Additionally, all future changes to such documents shall be submitted to the city for review and approval in accordance with the same standards.

Permitted uses. The following uses shall be permitted as a matter of right in any mixed use zoning: mixed use dwellings, town house dwellings, condominiums, or detached dwellings. However, in each development, at least 70 percent of the residential dwellings shall be fee simple owned and occupied. Ground floor retail, office, or commercial use is required unless a development plan for the project has been approved by the city council.

Physical requirements. Unless otherwise specified in this ordinance, residential uses permitted in any mixed use district shall conform to the following standards:

A.

The development shall not adversely affect the developed or undeveloped neighboring properties;

B.

Water, sewage, and recreational facilities shall be adequate for the proposed development;

C.

Minimum floor area per dwelling unit:

1.

1,400 to 1,499 square feet, no more than 25 percent of the total dwelling units built;

2.

1,500 to 1,699 square feet, no more than 65 percent of the total dwelling units built;

3.

1,700 square feet or more, no less than 35 percent of the total dwelling units built;

4.

Each dwelling unit shall have an attached two car garage (400 square feet minimum) that is located behind the building. If existing buildings or topography make the location behind the building impractical, then the garage doors must be single car garage doors if located in the front of the dwelling. The recreational space and hardscape requirement shall double for construction of front entry garages, unless the city council has approved otherwise in a development plan for the project.

5.

Two dedicated spaces in a parking deck can be substituted for the dwelling unit garage requirement if the deck is attached to the structure that contains the dwelling unit. Offsite spaces shall not count for residential uses.

D.

Minimum building height: Three floors. Garages located on the bottom floor shall count as the first floor as long as the dwelling unit for those spaces is located above that garage and retail or office space is located on the ground floor side facing the street and other public areas.

Development controls:

(1)

Bulk limitations: For mixed use, floor area shall not exceed an amount equal to 25 times net lot area.

(2)

Maximum building coverage: 80 percent of the net lot area.

(3)

Public space requirements: A minimum of 20 percent of net lot area shall be provided on the site.

(a)

Shall be visible and accessible from any point along 90 percent of any adjacent sidewalk.

(b)

Shall permit and encourage pedestrians to walk on a minimum of 80 percent of the surface of the public space, excluding fountains, pedestrian furniture, pedestrian walkways, public art and similar elements, and

Showering facilities. All office buildings containing over 50,000 square feet of gross office space shall provide showering facilities, which shall include showers and lockers, in a ratio of at least two showering facilities for every 50,000 square feet of gross office space, which facilities shall be available to all building tenants and their employees, provided that no office building shall be required to exceed a maximum of four showering facilities.

Commercial, Office, and Retail Permitted Uses:

Specific regulations for commercial subareas. Buildings or premise may be used for the following permitted mixed-uses and structures:

Permitted uses:

Commercial recreational activities, including theaters.

Museums, galleries, auditoriums, libraries, and similar cultural facilities.

Community shopping centers.

Offices, studios, laboratories and similar uses, but not blood donor stations.

Business schools.

Professional or personal service establishments.

Department stores.

Banks and financial institutions.

Furniture stores.

Hardware and appliance stores.

Pharmacy.

Radio/TV sales and service.

Restaurants.

Residential.

Tailoring, custom dressmaking, and millinery.

Other uses as may be determined by the city council to be similar and compatible with the above listed permitted uses.

Accessory uses:

None.

Conditional uses:

Auction gallery, excluding auto auction.

Day nurseries, pre-schools and kindergartens.

Funeral homes.

Hotels and inns.

Commercial parking garages provided no entrance or exit is located between the same two intersections and on the same side of the street as a school and the curb breaks shall be limited to two, each not to exceed 30 feet in width. (Must be enclosed).

Laundries, launderette, laundromat, clothes cleaning and dry cleaning.

Automobile service stations—Gasoline and service station buildings are designed for the specific purpose of their business. Therefore, the building must be removed from the site whenever the gasoline tanks are removed from the premises. A remodeled building and site plan may be submitted to the mayor and council for their approval prior to the demolition of the building. The city reserves the right to condemn and demolish the building within 120 days of tank removal. The demolition charges will be attached to the property for payment. The owner of the property must sign a consent form prior to the issuance of the first certificate of occupancy.

Any landowner or other applicant who seeks to use a parcel of land or building for a business that is expected to be engaged in the sale of and/or servicing of gasoline for automobiles and similar transportation vehicles shall be prohibited from such use until all of the following conditions have been met:

(1)

A conditional use permit for such use has been issued by the city council in accordance with and in compliance with the requirements of this section, any and all other applicable code provisions, and any additional conditional use conditions required by the city council for such approval are deemed necessary by the city council for the protection of the character of the surrounding mixed-use properties or adjacent residential districts (including, without limitation, restrictions on overnight customer or other parking at the site);

(2)

The parcel of land in which the landowner or other applicant who seeks to use the it as an automobile service must have had, within the last thirty (30) years, an automobile service station that previously existed on the parcel of land; and

(3)

The parcel of land in which the landowner or other applicant who seeks to use as an automobile service station must be located within one-half mile of Interstate 75.

Auto service—Car wash, detailing, general cleaning of automobiles. Minor repairs and services including oil changes, radiator flush and fill, and replacement of minor parts including but not limited to air filters, pcv valves, and fuses; and other services of a minor nature that are similar and compatible to those listed.

Any landowner or other applicant who seeks to use a parcel of land or building for a business that is expected to be engaged in the repair, maintenance and service of automobiles and similar transportation vehicles shall be prohibited from such use until all of the following have been met:

(1)

A conditional use permit for such use has been issued by the city council in accordance with and in compliance with the requirements of this section, any and all other applicable code provisions, and any additional conditions required by the city council for such approval as are deemed necessary by the city council for the protection of the character of the surrounding mixed use properties or adjacent residential districts (including, without limitation, restrictions on overnight customer or other parking at the site);

(2)

All necessary inspections have occurred and permits obtained; and

(3)

A Class (A) license has been issued to the applicant or business owner that conforms to the intended and actual use of the property

(4)

Section 1-1-8 of the City Code of Ordinances and its procedures shall apply to all violations of this section's provisions, specifically including any person who performs one or more business activities that are of a higher level than those permitted by his or her license class. Each licensee hereunder shall have the obligation to make due inquiry to the city about the classification of any contemplated procedure or business activity that is not specifically set forth above to ensure that the procedure or activity is permitted under that licensee's license class.*

Prohibited uses. Prohibited retail, business and office uses include, but are not limited to, the following:

•

Adult entertainment establishments.

•

Coin operated laundry facilities.

•

Free standing retail.

•

Pawn shops.

•

Repair shops.

•

Automobile repair shops.

•

Automobile sales or lease.

•

Extended stay hotels and all motels.

•

Service stations—excluding automobile service stations that meet the conditional use requirements found in this section.

•

Storage, train yards and warehousing switching for MARTA or similar public utility.

•

All commercial sales and service shall be conducted within completely enclosed buildings; there shall be no unenclosed displays of merchandise; outdoor sales or displays are permissible only by special permit.

•

No storefront establishment shall be used for storage of merchandise.

•

No outside storage is permitted.

•

Any use or form of operation which is offensive by means of odor, smoke, noise, glare, fumes, gas vibration, unusual danger of fire or explosion, emission of particulate matter, or interferes with radio or television communication, or is by any other means considered incompatible with the quality of MU, is prohibited.

•

Anything not permitted or allowed by special exception is prohibited.

Additional Requirements of Mixed Use (MU) Buildings and Facilities:

Exteriors: The exterior finish of all dwellings, buildings, or other structures shall be either brick, stone or Portland cement based stucco, installed over wire lathe, and backed with ten-pound felt. All or a combination of these finishes may be considered as long as a visually appealing result is achieved. Architectural variations in depth are required on all building fronts (two feet minimum) and roof lines (one foot minimum) for each dwelling.

Utilities: All utilities including gas, electric, telephone, cable TV, water, and sewer shall be located under ground. All utility easements shall be reflected on the subdivision plat or development plan.

Street lighting: The developer shall provide a street lighting standard at each street intersection and at an interval not exceeding 200 feet. Costs of such installation shall be borne by the developer and shown on all plats for approval by the planning and zoning board. Upon notification that the street light systems are approved as to adequacy by the Georgia Power Company, the city will furnish to the developer and the Georgia Power Company the city's intent to pay future energy bills on the public street lighting of said approved system. Contact the public works department for light specification for designated area's.

Pedestrian lighting: The developer shall provide lighting standard as approved by the city based on new and existing conditions. Costs of such installation shall be borne by the developer and shown on all plats reviewed by the planning and zoning board. Upon notification that the light systems are approved, the city will furnish to the developer and the Georgia Power Company the city's intent to pay future energy bills on the public street lighting of said approved system. Contact the public works department for light specification for designated area's.

Mailboxes, stop sign poles, and street sign poles: Mailboxes, stop sign poles, and street sign poles shall be installed at the expense of the developer; quality, number, architectural design, and location shall be approved by the public works director or his designee. When the final plat is submitted, the director or his representative will inform the developer of the location and type of signage required. The developer must then install the signage and post to city specification before the streets can be accepted by the city. Refer to the city's redevelopment guidelines, appendix C, for more details on sign materials and construction.

Driveways: No driveway shall connect to an arterial or collector street. On-street parking is prohibited unless it is part of a development plan and that the development plan has been approved by the city council.

Solid waste: Refuse containers and related refuse storage areas shall be screened from view and shall not reduce the outdoor enjoyment of surrounding areas. The location, type, and number of garbage containers must be approved by the public works director.

Interior sprinkler system: All residential dwellings must have interior sprinkler systems installed upon construction. Sprinkler design plans must be submitted and approved by the City of Morrow Fire Marshal.

Landscape plans: Land clearing and landscaping shall be done in conformance with the city's tree preservation and replacement policy and approved by the public works director.

A.

All rooftop and ground mounted equipment must screened from view. Ground mounted and side wall mounted equipment (condensers, transformers, meter boxes, etc.) must be screened using landscape material.

B.

Dumpsters or any type solid waste containers must be located in the rear or side yard area and screened from view. The screening must be made from the same material as the buildings, and protected by bollards located inside the screening. Where possible landscape material must be used as a secondary screening.

C.

All guard rails must be primed and painted a neutral color or screened from view by additional landscape material.

Minimum requirements for trees: The landscaping plan shall provide a minimum of one specimen tree with a minimum diameter of four inches and an one understory tree with a diameter of three inches for every 2,000 square feet of impervious surface for which a development permit is sought. All trees must be planted in areas large enough to accommodate a full-grown tree of the species planted. All calculations must be shown on plans

Minimum requirements for shrubbery: The landscaping plan shall provide for one three-gallon minimum bush per 250 square feet of impervious surface of an industrial, commercial, office and institutional, business park and multi-family site. All calculations must be shown on plans.

Minimum requirements for ground cover: Areas on the site which are not covered by trees and/or shrubbery shall be planted with sodded grass or other ground cover. No site shall seed and straw or hydroseed as permanent cover. Where appropriate, other permeable ground cover, such as mulch and stones, may be used; however, alternative forms of ground cover must be specifically approved by the Mayor and Council of the City of Morrow.

Irrigation system: The landscaping plan must include an irrigation plan to sustain plant life. Any and all plant material that fails to survive must be replaced by the property owner.

Specimen trees. Four-inch minimum caliper measured six inches from ground level:

Florida Maple, Red Maple and Sugar Maple.

Understory trees. Three-inch minimum caliper, total multi-trunk trees, measured six inches from ground level:

Crape Myrtle, Cherry (Yoshino, Kwanson), American Holly (Nellie Stevens, Burford, Savannah, Fosteri, Emily Burner) and Dogwood.

Shrubs. Three gallon minimum:

Junipers, Nandina, Privet, Holly, Lingstrum, Azalea, Barberry, Indian Hawthorn, Otto Luken Laurel and Laurapedlum.

Ground cover:

Ivy, Liriope, Ferns, Cottoneaster, Pachysandra, Vince, Ajuga, Euongmus, Juniper, Thrift, and Sod Grass (no seed or straw).

(Ord. No. 2004-12, 6-8-04; Ord. No. 2006-12, 11-28-06; Ord. No. 2007-05, §§ 10—15, 7-10-07; Ord. No. 2009-06, §§ 5, 15, 5-26-09; Ord. No. 2024-03, § 1(Exh. A), 6-25-24)

Intent. It shall be the intent of this zoning district to encourage the best possible site plans and building arrangements under a plan of development rather than under lot-by-lot regulation. The developer benefits from better land utilization, economy in the provision of roads and utilities are flexible in design. The city gains the advantage of variety in building types, compatibility of use and optimum community development. The fee simple town house zoning is intended to encourage ingenuity and resourcefulness in land planning and to assure the provision of parks and recreation land and facilities for the use of the occupants of the development. Review of the development plan by the planning and zoning board and approval by the city council is required to assure that the development will be in harmony with the character of the neighborhood in which the development is located.

Ownership control. All of the land in a fee simple town house development shall be owned initially by an individual, by a corporation or some other legal entity. Individual properties may be sold after a final plat has been recorded with the properties subject to private deed covenants that assure the continuance of the fee simple town house development as originally approved and developed.

General deed covenants. The entire fee simple town house development shall be included within private deed covenants running with the land to assure the continuance of the planned residential development in accordance with approved plans and development.

Homeowners associations and maintenance agreements: All residential developments created after January 1, 2000, are required to have a homeowners association and current maintenance agreements. All initial homeowner's association rules and bylaws and maintenance agreements must be approved by the mayor and council. Additionally, all changes to the maintenance agreements must be approved by the mayor and council.

Permitted uses. The following uses shall be permitted as a matter of right in any fee simple town house district:

Town house dwellings or single-family detached dwellings.

Physical requirements. Unless otherwise specified in this ordinance, uses permitted in any fee simple town house district shall conform to the following standards:

A.

The development shall be compatible with the topography of the land and shall preserve any unusual topographic or natural features.

B.

The development shall not adversely affect the developed or undeveloped neighboring properties.

C.

Water, sewage, and recreational facilities shall be adequate for the proposed development.

D.

Minimum development size: One acre.

E.

Minimum lot area: 3,000 square feet.

F.

Maximum density per buildable acre: Eight units per acre, 12 units if garages and supporting alley ways are located behind the dwellings.

G.

Minimum floor area per dwelling unit:

1.

1,400 to 1,499 square feet, no more than 25 percent of the total town houses built.

2.

1,500 to 1,699 square feet, no more than 65 percent of the total town houses built.

3.

1,700 square feet or more, no less than 35 percent of the total town houses built.

4.

A conservation/green space bonus may be applied under the RS-30 zoning for the total development project.

5.

A single family detached residential (RS-80) Bonus may be applied under the RS-30 zoning for the total development project.

6.

A conservation/green space bonus and a single family detached residential (RS-80) bonus shall be considered separately and it is possible for a development project to use all, a portion, or a combined total of both bonus opportunities in a single development project.

7.

Density bonus for single-family, detached residential dwellings. For every single-family, detached residential dwelling over 1,800 square feet built in a development project that includes RS-30 fee simple townhouses, a 200-foot reduction in floor area for a single townhouse dwelling may be applied to the development project. No more than 40 percent of the dwellings in a development project shall be issued permits with this bonus.

8.

Density bonus for conservation/green space: For every half-acre of property left in a natural state beyond that required under the open space requirements of this section, a 200-foot reduction in floor area for a single townhouse dwelling may be applied to the development project or for every half-acre of property left in a natural state beyond that required in the general open space requirements, a single additional townhouse dwelling may be applied to the development project's total allowable number of dwelling units. A combination of the above can be used by the developer; however, an identifiable half-acre can be used only for one or the other, not both. No more than 40 percent of the townhouse dwellings in a development project shall be issued permits with this bonus.

H.

Garages:

1.

Each dwelling shall have an attached two car garage, 400 square feet minimum. Garage doors must be single car garage doors if located in the front of the dwelling.

2.

Development projects that have town house dwellings built with a conservation/green space bonus or a single family detached residential (RS-80) bonus may substitute a single car garage for a double car garage for each town house dwelling that has been approved for a bonus.

3.

At least 50 percent of the total development project dwellings must have a double car garage and no less than 35 percent of the fee simple town house must have a two car garage. All town house dwellings built with a bonus shall have at least a one car garage.

4.

One off street parking space must be provided for every single car garage built in the development project. This space shall be within a reasonable distance from the single car garages it serves.

5.

No driveway additions or extensions will be issued on RS-30 zoned property.

I.

Minimum lot frontage: 25 feet, 20 feet for rear garages.

J.

Minimum rear yard: 30 feet, 20 feet for alleys and garages behind the dwellings.

K.

Minimum individual unit width: 25 feet.

L.

Maximum building height: Three floors.

M.

Maximum lot coverage: 65 percent.

N.

Exteriors: The exterior finish of all dwellings shall be either brick, stone or Portland cement based stucco, installed over wire lathe, and backed with ten-pound felt. All or a combination of these finishes may be considered as long as a visually appealing result is achieved. Architectural variations in depth are required on all building fronts (two feet minimum). Roof lines (two-foot minimum) shall vary in height for each building (multiple attached dwellings), with no continuous stretch of non-varying roof line exceeding 105 feet in length.

O.

Entrances: No more than one development entrance per street, with a maximum of three entrances permitted. Said entrance shall have a formalized entrance constructed of brick or stone, noting the name of the development, less any form of advertising.

P.

Utilities: All utilities including gas, electric, telephone, cable TV, water, and sewer shall be located under ground. All utility easements shall be reflected on the subdivision plat.

Q.

Sidewalks: Sidewalks, four feet in width, shall be installed continuously along both sides of the street; a three-foot grassed strip shall be placed between the back of the curb and the sidewalk. All sidewalks shall have handicap accessible ramps.

R.

Streetlights: Streetlights shall be installed at the expense of the developer; quality, number, architectural design, and location shall be approved by the public works director or his designee.

S.

Mailboxes, stop sign poles, and street sign poles: Mailboxes, stop sign poles, and street sign poles shall be installed at the expense of the developer; quality, number, architectural design, and location shall be approved by the public works director or his designee.

T.

Landscaping: Landscaping for the project and the typical landscaping layout for the individual lots must be submitted for approval by the city manager. All lots shall have sodded front and side yards to the rear drip line, and underground irrigation systems installed for all sodded areas.. Land clearing and landscaping shall be done in conformance with the city's tree preservation and replacement policy.

U.

Screening: The outer boundary of such development shall be screened. If the topography of the land allows, landscaped berms shall be placed along the boundary of such development to provide an effective screen between this development and the adjoining land use. Otherwise, privacy fencing and plantings shall be used in combination to provide an effective screen. Final approval of all screening shall rest with the city manager.

V.

Driveways: All lots developed shall be provided with a paved driveway. No driveway shall connect to an arterial or collector street. On-street parking is prohibited.

W.

Solid waste: Refuse containers and related refuse storage areas shall be screened from view and located where they will not reduce the outdoor enjoyment of surrounding dwellings.

X.

Recreation: A minimum of 15 percent of the developable area shall be set aside for recreation facilities. The proposed recreation improvements shall be illustrated as part of the preliminary plat process. Final approval shall rest with the mayor and council.

Y.

Interior sprinkler system: All residential dwellings must have interior sprinkler systems installed upon construction. Sprinkler design plans must be submitted and approved by the City of Morrow Fire Marshal.

Z.

Oversight authority: The intent of ordinance shall be fluid with the building process and allow for a practical method of compliance. The oversight for the intent of the ordinance shall rest with the city manager.

Open space requirements. At least 500 square feet per dwelling unit in a fee simple town house district shall be reserved for open space or other similar public uses; provided the following criteria are met:

A.

Not more than 50 percent of the land so reserved may lie in a flood plain.

B.

The required yards and parking areas shall not be credited toward the minimum open space requirements.

C.

The amount of required common open space shall vary in relation to the density of development, with a minimum of 500 square feet of open space per dwelling unit being required for any approved development. Developers are encouraged to increase open space as density increases, taking into consideration the recreational needs of the intended community of users.

D.

The required open space shall be developed and landscaped by the developer in accordance with an approved plan.

E.

If requested by the city, the owner of the fee simple town house development shall deed to the city the land set aside as required open space.

F.

If the city does not request that the land be deeded to it, then, the open space shall be deeded to a property owners' association comprised of owners of individual properties within the fee simple town house development for the benefit of the residents. The organization of a property owners' association and its adequate financing for the discharge of its responsibilities shall be assured through acceptable private deed covenants running with the land.

G.

In the event the property owners' association fails to maintain the common open space properly, the city may serve written notice upon the property owners' association and upon the residents and owners of the fee simple town house development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.

H.

If the deficiencies are not corrected within the said 30 days, the city in order to preserve the taxable values of the properties within the fee simple town house development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for one year and thereafter until the property owners' association is prepared to provide proper maintenance.

I.

The cost of such maintenance by the city shall be assessed ratably against the properties within the fee simple town house development that have a right of enjoyment and of the common open space and shall become a tax lien upon said properties. The city, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the clerk of superior court upon the properties affected by such lien within the fee simple town house development.

Drainage, soil erosion and sedimentation. A grading plan, prepared by a professional engineer familiar with surface water management, drawn in accordance with the city drainage soil erosion and sedimentation control ordinance, shall be required before any land disturbance permit is granted for the project.

Development in stages. The entire fee simple town house development may be divided into logical geographical sections, subject to the approval of the city council. In such cases, reasonable periods within which the development of each section must be commenced and finished shall be specified by the city council

Performance bonds required. The landowner shall furnish such bond or bonds as may be determined by the city council to be reasonably required to assure performance with the fee simple town house development plan and to protect the public interest in the event of abandonment of said plan before completion.

Site plan review. The purpose of the site plan review is to encourage logic, imagination, innovation, and variety in the design process and ensure the congruity of the proposed development and its compatibility with the surrounding area. The planning and zoning board shall review plans for compliance with the provisions of this ordinance and for compliance with the site plan review criteria. The recommendations of the planning and zoning board shall be transmitted to the city council for their approval.

Required exhibits. The following exhibits shall be prepared by design professionals, such as engineers, architects, and landscape architects, and submitted to the zoning administrator:

A.

A location map indicating existing zoning on the site and adjacent areas.

B.

Site plan at no less than one inch equals 100 feet, including the following information.

C.

Lot lines and setback.

D.

Location, shape, size and height of existing and proposed buildings, decorative walls and elements, and entrance features.

E.

Existing and proposed landscaping.

F.

Recreation facilities (if applicable).

G.

Stages of development, if any.

H.

Location of off-street parking.

I.

Floor plans and elevations of all typical units and any other structures such as recreation buildings. The total amount of lineal exterior wall area and that portion which has visual and physical access to outside patio/court areas shall be indicated for each typical unit.

J.

Information indicating the following:

1.

Gross and net acreage;

2.

Lot sizes (dimensions and square footage);

3.

Building heights and stories;

4.

Building coverage for each lot;

5.

Amount of common open space in square feet (if applicable);

6.

Trees provided;

7.

Parking required and provided; and

8.

Such other architectural and engineering data as may be required to evaluate the project.

Plan review standards. The following criteria shall be utilized in the plan review process:

A.

Visual monotony. Visual monotony created by excessive block lengths shall be avoided.

B.

Landscape. Landscape shall be preserved in its natural state insofar as is practicable by minimizing removal of existing vegetation. Landscape shall be used to shade and cool, direct wind movements, enhance architectural features, relate structure design to the site; visually screen non-compatible uses and ameliorate the impact of noise.

C.

Buffers. Architectural and/or landscape elements that provide a logical transition to adjoining, existing, or permitted uses shall be provided.

D.

Architectural characteristics. Architecture and site development should incorporate the characteristics of the area.

E.

Visual access. Visual access shall be provided for the driver of an automobile backing out of the individual lot into the adjacent roadway. Dwelling units on corner lots shall be so situated and set back as to provide unobstructed visual clearance at a roadway intersection.

F.

Private open space. Open space intended for the private use of each individual dwelling unit should be so located and designed as to maximize its utility to the dwelling unit it serves and maximize its privacy, especially in relation to adjacent dwelling units.

Commencement of development. If development is not commenced within 12 months from the date of approval of a site development plan, the approval hereof shall become null and void and the same may not be developed in accordance with said plan; provided, if development is permitted in stages, subsequent stages may be commenced within 12 months after the completion of the previous stage; otherwise, such subsequent stage may not be developed in accordance with the previously approved plan and such approval shall be null and void. Commencement of construction shall include, where necessary, substantial site improvement, which shall include, but not be limited to, active and continuous road improvement, excavation, grading and leveling, installation of utilities and the like.

(Ord. No. 2004-13, 6-8-04; Ord. No. 2009-06, §§ 5, 16, 5-26-09)

[Purpose and intent.] The public/institutional district is intended to encourage development of certain state, federal or local government uses and institutional land uses. Facilities that are publicly owned, but would be classified more accurately in another land-use category, should not be included in this category. For example, publicly owned parks and/or recreational facilities should be placed in the parks/recreation/conservation category; general office buildings containing governmental offices should be placed in the commercial category.

Permitted uses. The following uses are permitted as of right in the public/institutional district:

Cemeteries.

Churches, synagogues and other places of religious worship. No church, synagogue, or other place of religious worship shall be located within 100 yards (300 feet) of any establishment that sells or offers to sell any distilled spirits in accordance with the licensure and permitting requirements of the state and the city.

Government buildings and complexes.

Hospitals.

Libraries.

Military installations.

Post offices.

Schools.

Accessory uses. Accessory uses shall be permitted which are incidental to, and used only in conjunction with, the principal building on the lot.

Space limits.

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum front yard: 50 feet.

Minimum rear yard: 25 feet when abutting a commercial or industrial district and 40 feet when abutting a residential district.

Minimum side yard: 20 feet when abutting a commercial or industrial district and 40 feet when abutting a residential district.

(Ord. No. 2009-06, § 18, 5-26-09; Ord. No. 2013-48, § 4, 9-24-13)

Editor's note— Ord. No. 2009-06, § 11, adopted May 26, 2009, repealed the former § 917 which pertained to the MUO mixed use overlay district and derived from Ord. No. 2004-20, adopted Sept. 28, 2004.

[Purpose and intent.] The parks/recreation/conservation district is intended for land dedicated to active or passive recreational uses. These areas may be either publicly or privately owned.

Permitted uses:

Golf courses.

Nature preserves.

Public parks.

Publicly or privately owned playgrounds.

Recreation centers.

Wildlife management areas.

Accessory uses: Only those uses which are incidental to and used only in conjunction with development or maintenance of permitted uses.

(Ord. No. 2009-06, § 18, 5-26-09)

Editor's note— Ord. No. 2009-06, § 11, adopted May 26, 2009, repealed the former § 918 which pertained to the community university planned district overlay (C.U.P.D.O.L.) and derived from Ord. No. 2004-23, adopted Nov. 9, 2004.

(a)

Certain uses permitted in commercial districts. Subject to all conditions of the underlying zoning district and the conditions below, the following specific type(s) of place of assembly are permitted by right in the CUPD, BG, PC and MU zoning districts of the city:

(1)

Movie theaters;

(2)

Concert halls;

(3)

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

(4)

Clubs.

(b)

All uses in section 919(a) above shall meet the requirements of article XII, parking and loading.

(Ord. No. 2015-11, § 4, 10-27-15)