Design standards for each district established in section 54-669 hereof shall be effective upon adoption by resolution of the city council after public hearing and comment and shall be maintained at city hall by the city clerk and made available to the public through the planning department upon request.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

The city council finds as a matter of public policy that the aesthetic, economic and functional qualities of the city are worthy of enhancement and preservation and are essential to the promotion of the health, prosperity, safety and general welfare of the existing and future residents of the City of Oakwood. The city council further finds that proper development of the city's downtown district and major transportation and gateway corridors is best attained by setting certain standards for the overlay zones that will be to the interest, benefit and advantage of each of the owners of nonresidential and attached residential sites within the city. The city further finds that the establishment of such standards will assist it to develop and promote a first class city that will serve to attract and retain high quality industrial and commercial development providing employment growth and economic development within the city. The city council specifically finds that the overlay zones will promote the general health, safety and welfare of the city; improve the efficient operation of traffic around the city; promote safe and efficient movement within the overlay districts for persons using all modes of travel-motorized vehicles, bicycles and walking; create a sense of place that is aesthetically appealing and environmentally responsible; encourage innovative development projects within set standards for landscaping, community design and aesthetics and establish consistent and harmonious design standards for public improvements and private property development within the overlay districts so as to unify the distinctive visual quality of each overlay district and gateway corridor.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

The purpose of each of the overlay districts and gateway corridors provided for herein is to provide special design requirements for those properties located within the district regardless of their zoning classification in order to maintain a consistent appearance along the major transportation and gateway corridors of the city and throughout each overlay district. The intent of each is to create an identity for that area that will enhance its economic vitality and protect the value of properties within the corridor or district. The major goal of these overlay district design standards is to ensure that the future development of land in each overlay district will conform to the design, direction and intent of the Downtown and Commercial Center Master Plan and the Oakwood Comprehensive Plan. These standards will help to guarantee that the developments occurring within the overlay districts are sited and built to standards that will support this vision and foster smart, pedestrian friendly and sustainable growth. The city's hope is that through these standards, a level of quality and a distinct personality will arise, setting Oakwood out from surrounding areas and ensuring it maintains wide ranging appeal among residents, businesses and visitors alike. Therefore, 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, signs, street furniture, sidewalks, neighborhoods, and landscape features; provide for aesthetic, economic, and functional value of properties, neighborhoods and structures; and address issues of traffic, traffic operations and congestion, transit, bicycle and pedestrian access and safety, aesthetics of the built environment, business viability, neighborhood preservation and public safety in the overlay districts. The scope of this article includes standards for sidewalks; pedestrian and site lighting; street trees; site development; design, materials, location, size and orientation of buildings and accessory structures; landscaping; screening and materials; and signs. These standards are necessary to implement the goals contained in the Oakwood 2030 Comprehensive Master Plan and the Oakwood Downtown and Commercial Center Master Plan. 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 design standards adopted in accordance with the requirements of this division shall apply to all properties within the applicable overlay district. Land and structures shall be used in accordance with standards of the underlying zoning classification.

In summary the purpose of the overlay district regulations shall be:

(1)

To foster civic pride.

(2)

To promote attention to accepted design principles.

(3)

To raise the level of community understanding and expectation for quality.

(4)

To implement the comprehensive plan.

(5)

To implement the Downtown and Commercial Center Master Plan.

(6)

To protect and enhance local visual aesthetic, character and functional qualities of the districts.

(7)

To stimulate business growth.

(8)

To increase opportunities for federal and state grant funding.

(9)

To guide the spatial relationships of structures and open spaces to each other.

(10)

To provide guidance to professionals and owners undertaking construction.

(11)

To recommend appropriate design approaches.

(12)

To provide an objective basis for review, assuring consistency and fairness.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

'Design standards' are specific, legally enforceable, mandatory minimum standards to which a planner, architect, landscape architect, owner, developer or builder is held in developing any land or buildings under this article. These standards ensure that the vision of the community is reflected in the future built environment. For situations in which some of the requirements cannot be met, there are specific requirements for variances. Conversely, 'design guidelines' are simple voluntary advisory documents that encourage specific types or styles of development or building construction in order to promote a vision.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

The adoption of the within overlay districts is an amendment to the existing zoning provisions of this chapter. As such, each zoning overlay district shall be shown as such on the Official Zoning Maps of Oakwood, Georgia. The design standards are not to be considered comprehensive and are meant as an overlay to the city's existing zoning and development codes. This article does not in any way repeal, replace or otherwise negate any aspects of the remainder of this chapter or any other development regulations. All regulations and standards published pursuant to this article are to be in addition to, or "over and above" any other legal requirements including local, state and federal regulations. In any case where provisions of this article conflict with other sections of this Code and other city regulations, the provisions of this article shall govern or prevail to the extent of the conflict.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

(a)

Plainview Corridor Overlay District (PCOD). The boundaries of the Plainview Corridor Overlay District shall be 500 feet on either side of the centerline of Plainview Road from its intersection with I-985 to its intersection with Atlanta Highway (and any extension thereof) as shown on a map entitled "Plainview COD Map" (hereinafter referred to as "Plainview COD" or the "PCOD") which is hereby adopted and made a part of this article and which may be amended from time to time in accordance with the procedures established herein.

(b)

Railroad Corridor Overlay District (RCOD). The boundaries of the Railroad Corridor Overlay District shall be 500 feet on either side of the centerline of Railroad Street from its intersection with the creek forming the northern boundary of Tara Country subdivision to its intersection with Chamblee Road as shown on a map entitled "Railroad COD Map" (hereinafter referred to as "Railroad COD" or the "RCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(c)

Mundy Mill/Winder Highway Corridor Overlay District (MWCOD). The boundaries of the Mundy Mill/Winder Highway Corridor Overlay District shall be 500 feet on either side of the centerline of Mundy Mill Road from its intersection with I-985, and those lots subdivided thereof, to its intersection with Martin Road/Sloan Mill Road as shown on a map entitled "Mundy Mill/Winder Highway COD Map" (hereinafter referred to as "Mundy Mill/Winder Highway COD" or the "MWCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(d)

Mundy Mill Corridor Overlay District (MMCOD). The boundaries of the Mundy Mill Corridor Overlay District shall be 500 feet on either side of the centerline of Mundy Mill Road from its intersection with the city limits of the City of Gainesville adjacent to the Downtown Overlay District and those lots subdivided thereof to its terminus at McEver Road as shown on a map entitled "Mundy Mill COD Map" (hereinafter referred to as "Mundy Mill COD" or the "MMCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(e)

Old Oakwood Corridor Overlay District (OOCOD). The boundaries of the Old Oakwood Corridor Overlay District shall be 500 feet on either side of the centerline of Old Oakwood Road from its intersection with Mundy Mill Road, and those lots subdivided thereof, to the northern city limits of the City of Oakwood as shown on a map entitled "Old Oakwood COD Map" (hereinafter referred to as "Old Oakwood COD" or the "OOCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(f)

Flat Creek Corridor Overlay District (FCCOD). The boundaries of the Flat Creek Corridor Overlay District shall be 500 feet on either side of the centerline of Flat Creek from its intersection with Oakwood Road, and those lots subdivided thereof, to the westerly city limits of the City of Oakwood as shown on a map entitled "Flat Creek COD Map" (hereinafter referred to as "Flat Creek COD" or the "FCCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(g)

McEver Road Corridor Overlay District (MCOD). The boundaries of the McEver Road Corridor Overlay District shall be 500 feet on either side of the centerline of McEver Road from its intersection with the northernmost city limits of the City of Oakwood, and those lots subdivided thereof, to its intersection with the southernmost city limits of the City of Oakwood as shown on a map entitled "McEver Road COD Map" (hereinafter referred to as "McEver COD" or the "MCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(h)

Chamblee Road Corridor Overlay District (CCOD). The boundaries of the Chamblee Road Corridor Overlay District shall be 500 feet on either side of the centerline of McEver Road from its intersection with McEver Road, and those lots subdivided thereof, to its intersection with Thurman Tanner Parkway as shown on a map entitled "Chamblee Road COD Map" (hereinafter referred to as "Chamblee COD" or the "CCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(i)

Thurmon Tanner Parkway South Corridor Overlay District (TTPSCOD). The boundaries of the Thurmon Tanner Parkway South Corridor Overlay District shall be 500 feet on either side of the centerline of Thurmon Tanner Parkway from its intersection with Plainview Road, and those lots subdivided thereof, to its intersection with H. F. Reed Parkway as shown on a map entitled "Thurmon Tanner Parkway South COD Map" (hereinafter referred to as "Thurmon Tanner Parkway South COD" or the "TTPSCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(j)

Thurmon Tanner Parkway North Corridor Overlay District (TTPNCOD). The boundaries of the Thurmon Tanner Parkway North Corridor Overlay District shall be 500 feet on either side of the centerline of Thurmon Tanner Parkway from its intersection with Mundy Mill Road, and those lots subdivided thereof, to its intersection with Atlanta Highway as shown on a map entitled "Thurmon Tanner Parkway North COD Map" (hereinafter referred to as "Thurmon Tanner Parkway North COD" or the "TTPNCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(k)

Atlanta Highway Corridor Overlay District (AHCOD). The boundaries of the Atlanta Highway Corridor Overlay District shall be 500 feet on either side of the centerline of Atlanta Highway from its intersection with Tumbling Creek Road, and those lots subdivided thereof, to its intersection with Martin Road as shown on a map entitled "Atlanta Highway COD Map" (hereinafter referred to as "Atlanta Highway COD" or the "AHCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(l)

Reed/McBrayer/Martin Corridor Overlay District (RMMCOD). The boundaries of the Reed/McBrayer/Martin Corridor Overlay District shall be 500 feet on either side of the centerline of H. F. Reed Parkway from its intersection with McEver Road to its terminus at Thurmon Tanner Parkway; 500 feet on either side of H.F. Reed Parkway (as to be extended) to Martin Road from its intersection with Thurmon Tanner Parkway to its intersection with Martin Road and 500 feet on either side of Martin Road from its intersection with H.F. Reed Parkway (as to be extended) to its intersection with J. M. Turk Road as shown on a map entitled "Reed/Martin Road Overlay Zone - July, 2008," (hereinafter referred to as the overlay district or the "RMMCOD") which is hereby adopted and made a part of this division and which may be amended from time to time in accordance with the procedures established herein.

(m)

Downtown Overlay District (DOD). The boundaries of the Downtown Overlay District (hereinafter referred to also as "DOD") are shown and established on the Official Zoning Map of the City [of] Oakwood and on the Oakwood Downtown Overlay District Map. (See appendix to the Downtown Overlay District Design Standards maintained by the city clerk and the City of Oakwood Planning Department in accordance with the provisions of the within article.) Said maps and all explanatory materials included thereon accompany and are hereby made a part of this definition of the boundaries of the DOD. The boundaries of the DOD are more particularly described as follows:

Beginning at the intersection of the north-eastern right-of-way of Mundy Mill Road and the north-eastern right-of-way of Interstate 985-Lanier Parkway proceed south-westerly along the northern right-of-way of Interstate 985 to the southern property line of parcel 08051001009; thence north-westerly along the south-west property line of parcel 08051001022 and the eastern right-of-way of Plainview Road to the western property line of parcel 08051001006; thence westerly across Plainview Road to the eastern then southern property line of parcel 08051003004A; thence north-westerly along the western property line of parcel 08051003005 and 08051003005A; thence westerly along the southern property line of parcel 08051003005A; thence north-westerly along the western property line of parcel 08051003005A to the western property line of parcel 08052A007008; thence northerly along the western property line of parcel 08052A007007 to the thence north-westerly across Railroad western property line of parcel 08052A007011; thence north-easterly along the north-western property line of parcel 08052A007001 to the north-western property line of parcel 08052A006001; Street to the south and west property lines of parcel 08052002022; thence south-westerly along the southern property line of parcel 08052002022 to the corner of parcel 08052002022; thence north-westerly along the south-western property line of parcel 08052002022 to the southern right-of-way of McClure Drive; thence north-westerly across McClure Drive along the north-western property line of parcel 08052002022 and the south-western property line of parcel 08052002033; thence proceed north-westerly through parcel 08052002022 to the south-eastern property line of parcel 08052002034B; thence north-westerly along the south-western property line of parcel 08052002034B to the south-eastern property line corner of parcel 08052002034; thence northerly along the western property line of parcel 08052002034B; thence easterly along the northern property line of parcel 08052002034B to the south-western property line of parcel 08052002024; thence northerly along the western property line of parcel 08052002024 to the southern right-of-way of Flat Creek Road; thence easterly along the southern right-of-way of Flat Creek Road to the north-eastern property line corner of parcel 08052002024; thence northerly across Flat Creek Road to the south-western property line of the parcel 08052005001; thence north-westerly along the south-western property line of parcel 08052005001 to the south-western property line of parcel 08053003009A; thence north-easterly along the northern property line of parcel 08053003009; thence north-westerly along the western property line of parcel 08053003009; thence north-easterly along the northern property line of parcel 08053003009 to parcel 08053003010; thence north-westerly along the western property line of parcel 08053003010 to the southern right-of-way of Brock Drive; thence easterly and then northerly along the right-of-way of Brock Drive to the southern property line of parcel 08043000011; thence easterly along the southern property line of 08043000011; thence north-westerly along the western property line of parcel 08053003010 to the southern property line of parcel 08053001053; thence north-easterly along the northern property line of parcel 08053003010 to the western property line of parcel 08043000077; thence south-easterly along the south-western property line of parcel 08043000077 to the north-western property line of parcel 08043000037; thence north-easterly along the north-western property line of parcel 08043000037 to the north-eastern right-of-way of Mundy Mill Road; thence south-easterly along the north-eastern right-of-way of Mundy Mill Road to the point of beginning.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

When uncertainty exists as to the boundaries of districts of the official overlay map, the following rules shall apply:

(1)

Boundaries following centerlines. Boundaries indicated as approximately following the centerlines of streets or bodies of water shall be construed to follow such centerlines.

(2)

Boundaries following lot or tract lines. Boundaries indicated as approximately following lot lines or tract lines shall be construed as following such lines.

(3)

Boundaries following center lines of creeks, streams and rivers. Boundaries indicated as approximately following the centerlines of water bodies shall be construed to follow such centerlines. In the event of change in the shoreline due to natural causes, the centerline shall move accordingly.

(4)

Boundaries following right-of-way lines for roads. Boundaries indicated as approximately following the right-of-way lines for public roads and highways shall be construed to follow such right-of-way lines. In the event of a change in the right-of-way such as might typically occur in a road widening project, the boundary will move concurrently with the establishment of the new right-of-way line.

(5)

Uncertainties. Where physical or cultural features existing on the ground are at variance with those shown on the official or current zoning or district overlay map, or in case any other uncertainty exists as to the proper location of district boundaries, the planning director shall interpret the intent of the official or current zoning map as to the proper location of the district boundaries.

a.

If and when at some future time, a parcel along a boundary is split in any way, the historical boundary description shall prevail and the new parcel shall continue to be subject to the standards of the overlay district.

b.

Any outside parcels combined with parcels inside the district boundary shall become subject to the overlay standards, regardless of whether or not the properties are re-platted as one.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

(a)

Town Center sub-district.

(1)

Character and intent. This sub-district is comprised of two planning districts from the original Downtown and Commercial Center Master Plan: the Government Town Center district and the Town Commons district. Although these two areas are described as distinct planning units in the master plan, the intent for the uses, spatial relationships and aesthetics of these two areas is similar. Planned as the first phase of proposed Downtown and Commercial Center Master Plan, this key district lies north of the railroad line that bisects the Downtown Master Plan.

(2)

Sub-district map. The sub-district map is set forth in the DOD Design Standards adopted contemporaneously herewith and incorporated herein by reference thereto.

(b)

Main Street Village sub-district.

(1)

Character and intent. This sub-district is the geographic center of the DOD and is made up of the original Main Street Village District and the Transit Station area. This district is intended for institutional uses in addition to office, recreational and retail opportunities.

(2)

Sub-district map. The sub-district map is set forth in the DOD Design Standards adopted contemporaneously herewith and incorporated herein by reference thereto.

(c)

Commercial Center sub-district.

(1)

Character and intent. The commercial center sub-district is envisioned as part of a "live work" master plan inter-parcel connectivity, access management plans, well designed and heavily shaded parking areas, significant setbacks from roads, access to major networks of trails and paths, and high quality landscaping.

(2)

Sub-district map. The sub-district map is set forth in the DOD Design Standards adopted contemporaneously herewith and incorporated herein by reference thereto.

(d)

Neighborhood Village sub-district.

(1)

Character and intent. The neighborhood village is one of the most mixed of the districts and may contain residential, institutional, medical, commercial office and retail uses. It has many of the same requirements as the commercial center sub-district and lies along the same major road corridor. The primary difference is the close proximity of residential neighborhoods on three sides. For this reason buffer and landscape requirements are greater and the height of all buildings is limited to two stories.

(2)

Sub-district map. The sub-district map is set forth in the DOD Design Standards adopted contemporaneously herewith and incorporated herein by reference thereto.

(e)

Residential Neighborhood sub-district.

(1)

Character and intent. The residential neighborhood sub-district will be the only single use district in the DOD overlay district and is restricted to residential uses only. The residential neighborhood district is intended to be comprised both of preserved historic homes and newly constructed homes built to compliment the architectural styles of neighborhoods.

(2)

Sub-district map. The sub-district map is set forth in the DOD Design Standards adopted contemporaneously herewith and incorporated herein by reference thereto.

(f)

Mundy Mill sub-district.

(1)

Character and intent. The Mundy Mill district is the largest sub-district in the overlay district and includes the primary industrial and commercial areas of the city. Most of the district is along Mundy Mill Road with minor sections fronting Lanier Parkway/I-985, Thurmon Tanner Parkway and Old Oakwood Road. This district is effectively the primary "gateway" to the city. The intent is to promote the development of high quality frontage along major streets with well-developed pedestrian access and inter-parcel connectivity.

(2)

Sub-district map. The sub-district map is set forth in the DOD Design Standards adopted contemporaneously herewith and incorporated herein by reference thereto.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011; Ord. No. 2015-CO-07-729, § 1, 8-10-2015)

All uses permitted by right or as special uses by the underlying zoning district shall be similarly permitted in each overlay district.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

(a)

Prohibited uses in the Residential Neighborhood, Neighborhood Village, Town Center and Main Street Village sub-districts. The following uses are prohibited in the sub-districts listed above:

(1)

Any use permitted under M-2 zoning with the exception that minor manufacturing for direct retail sales in the same building is permissible. (Such as an artisan or craftsman shop.)

(2)

Machine and welding shops.

(3)

Lumber yards.

(4)

Contractor's establishments (except for purely professional offices).

(5)

Kennels.

(6)

Massage parlors.

(7)

Mini-warehouse.

(8)

Racetracks.

(9)

Storage yards.

(10)

Commercial manufacturing or distribution plants (minor manufacturing for direct retail sales in the same building is permissible. Such as an artisan or craftsman shop.)

(11)

Pawn shops.

(12)

Check cashing establishments.

(13)

Pay storage facilities of any kind.

(14)

Automobile service, (including trucks and commercial vehicles) sales (new or used) or leasing (except when no vehicles are stored on site).

(15)

Boat service, sales, or leasing (except when no boats stored on site).

(16)

Outdoor commercial recreation facilities such as a batting cage, driving range or similar pay facility (does not apply to public recreation areas such as parks).

(17)

Hospitals.

(18)

Drive-throughs of any kind including restaurants, drug stores, etc.

(19)

Car washes, detail shops and/or service stations.

(20)

Drive-in theater.

(21)

Funeral homes.

(22)

Landscaping or lawn business (except for professional office space only without storage of equipment for outdoor use).

(23)

Garden center or plant nursery (except florist).

(24)

Laundry and/or dry cleaning plant distribution center.

(25)

Indoor firing range.

(26)

Commercial agricultural use.

(27)

Flea market.

(28)

Car washes.

(29)

Campgrounds.

(30)

Recreation vehicle parks.

(31)

Palm reading and fortune telling.

(32)

Slaughter house.

(33)

Waste facilities.

(34)

Transfer station or truck terminal.

(35)

Taxicab station.

(36)

Fuel oil and liquefied petroleum dealers.

(37)

Junkyard or sales of scrap.

(38)

Any kind of digital or electrical signal transmission towers over ten feet in height.

(b)

Prohibited uses in the Mundy Mill and Commercial Center sub-districts. The following uses are prohibited in the Mundy Mill and Commercial Center sub-districts.

(1)

Any kind of residential uses.

(2)

Massage parlors.

(3)

Palm reading and fortune telling.

(4)

Waste facility.

(5)

Cemetery.

(6)

Golf driving range, course.

(7)

Drive-in movie theater.

(8)

Commercial agricultural use.

(9)

Flea market.

(10)

Junkyard or sales of scrap.

(11)

Landfill.

(12)

Recycling plant.

(13)

Wrecked motor vehicle compound.

(c)

Prohibited uses in the Residential Neighborhood sub-district. Any use not permitted under any residential zoning.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011; Ord. No. 2015-CO-07-729, § 2, 8-10-2015)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words not defined herein shall be construed to have the meaning given in Section 54-1 entitled "Definitions" of Chapter 54 of the City Code or by Webster's Ninth New Collegiate Dictionary. The words "shall" and "must" are mandatory and the words "may" and "should" are permissive. As used in this division, the following terms shall be defined as follows:

Appearance means the outward aspect that is visible to the public.

Appropriate means fitting to the context of a site, neighborhood or community.

Architectural concept means the basic aesthetic idea of a structure, or group of structures, including the site, signs, buildings and landscape development that produces the architectural character.

Architectural feature means a significant element of a structure or site.

Architectural merit means an acknowledgment by a recognized institution or organization of architecture or historical preservation such as the American Institute of Architects (AIA) that a building represents a high quality work or quality example of a specific architectural style.

Architraves means molding around a door or window.

Attractive means having qualities that arouse satisfaction and pleasure in numerous, but not necessarily all, observers.

Building site means each buildable tract or parcel of real property that is contained in the zone defined herein. For the purposes hereof, any adjoining or contiguous property conveyed to an owner of a building site shall be deemed to be part of the building site owned by said owner. Where land availability and configuration dictate, the city in its discretion may approve a smaller tract.

Build-to lines or zones means a line or zone along a public street to which the main face or wall of a building must directly abut or be built within. Unlike a setback which sets a minimum distance from the road, a "build-to" line ensures the building will be built closer to the road to create the proper sense of scale for the sidewalk and streetscape within the district. The distance is measured from the back of curb and not the right-of-way.

Certificate of Endorsement (COE) means a document evidencing support of a material change in the appearance of a property located within an overlay district by the person or board designated within an overlay district. A COE is not required for the erection, alteration, restoration, addition, removal or relocation of a sign.

Cohesiveness means unity of composition among elements of a structure or among structures, and their landscape development.

Compatibility means harmony in appearance of architectural features in the same vicinity.

Cornice means a horizontal molded projection that crowns or completes a building or wall.

Design and development standards means those standards adopted hereby by resolution of the Oakwood City Council from time to time and in accordance with the provisions of this article and maintained by the city clerk and the city planning department.

Designation or designated means a decision by the city council wherein a property or district is declared an overlay district.

District Design Review Committee (DDRC) means a panel which, when appointed by the city council, consists of five members appointed to consider applications within a specific overlay district, established and perpetuated to consider improvements on the building sites and to possess such other duties and powers as are more fully set forth in this division. The city may establish a DDRC with respect to each individual overlay district and, in that event, reference to the DDRC within that district shall mean the DDRC for the overlay district addressed in that division or resolution. See section 54-674 for a detailed description.

External design feature means the general arrangement of any portion of structures or landscaping, including the type, and texture of the materials, the type of roof, windows, doors, lights, signs, and fixtures of portions which are open to the public view.

Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a structure and site including, but not limited to, the kind or texture of the building material and the type and style of all windows, doors, signs, facade, landscaping and other architectural fixtures, features, details or elements relative thereto.

Fenestration means the arrangement of windows in a building.

Geographic area means land area subject to overlay district regulations.

Harmony means a quality that represents an attractive arrangement of parts, as in an arrangement of various architectural elements.

Historical significance means the building or property that has been recognized and proven to be an integral part of a historically significant event or place by one of the following agencies; The Georgia Trust for Historic Preservation, The Georgia DNR - Historic Preservation Division, National Trust for Historic Preservation or the federal Advisory Council on Historic Preservation.

Improvements means any and all building site developments, betterments, modifications and construction including, but not limited to, buildings, structures, walks, towers, tanks, patios, driveways, signs, docks, walls, fences, screens, parking areas, drainage and utility conduit, excavations and grading. Routine maintenance is not an improvement.

Landscape means plant materials, landscape beds, berms and earthen topography and other physical elements combined in relation to one another and to structures including pavement.

Landscape zones means a minimum ten feet in width and located immediately adjacent to the curb and shall be continuous. This zone may be used for street trees, streetlights, benches, planters, trash receptacles, bicycle parking racks and other street furniture, pedestrian lights, landscaping or sod.

Logic of design means widely accepted principles and criteria in the solution of design problems.

Lunette means a crescent-shaped or semicircular space, usually over a door or window that may contain another window, a sculpture or a mural.

Material change in appearance means a change in a structure or a parking lot within an overlay district that exceeds ordinary maintenance or repair (defined below) and requires either a sign permit, building permit or land disturbance permit such as, but not limited to:

(1)

The erection, alteration, restoration, addition or removal of any structure (including signs) or parking lot;

(2)

Relocation of a sign or building;

(3)

Commencement of excavation; or

(4)

A change in the location of advertising visible from the public right-of-way.

Measuring and dimensioning (for building heights and projections) means in meeting the requirements of this article, the following are to be the standards for measuring and dimensioning various elements. The measuring or dimensioning of any element shall be from finished face to finished face except as noted herein. Building setbacks shall be from the right-of-way or property line to the face of the closest building or projection including roof overhangs and attached utilities. Projections shall be considered part of the building and therefore must be included in any setback determination. The height of a building shall be determined by measuring the distance from lowest point in the finished earthen grade around the building to the highest point on the roof or chimney.

Muntins/mullions means a strip of wood or metal separating and supporting and holding panes of glass in a window or panels set in series.

Nuisance means includes, but is not limited to, any usage of a building site that:

(1)

So annoys, disturbs or affects the owners or occupants of any other building site or other property within the district or the owners or occupants of property contiguous to the district so as to obstruct or interfere with the reasonable or compatible use of such other building site or property or so as to render usage of the building site or property dangerous or damaging to persons or property thereon; or

(2)

Violates any federal, state, county or municipal law.

Occupant means an entity or person who may or may not also be an owner and is in lawful possession or has the lawful right to use any building site or portion thereof.

Owner means the record title holder, whether one or more persons or entities, of fee simple title to any building site located within the district and shall include the owner's heirs, executors, administrators, successors and assigns but exclude those persons holding title thereto merely as security for the performance of one or more obligations.

Ordinary maintenance or repair means exempt from inclusion in "Material Change in Appearance" defined above. Ordinary maintenance or repair of any exterior of any structure, parking lot or sign in or on an overlay district property to correct deterioration, decay or damage or to sustain the existing form and that does not involve a material change in outer design, material, or appearance thereof. Painting, reroofing, resurfacing, replacement of a broken sign face and other similar types of ordinary maintenance shall be deemed ordinary maintenance and repair.

Overlay district means a geographically definable area, possessing a significant concentration or linkage of sites, buildings, structures, objects or landscapes, including the adjacent area necessary for the proper treatment thereof, united by plan and/or physical development. An overlay district shall further mean an area designated by the city council as such.

Overlay sub-district means a smaller defined portion of the larger overlay district delineated separately for administrative purposes including the unique application of design standards.

Parapet means a low protective wall or railing along the edge of a raised structure such as a roof or balcony.

Project means an improvement, repair, upgrade, addition, change in appearance, modification, alteration or development on a site or building that requires some form of construction or labor to take place.

Projection means any physical attached part of a building including, but not limited to, a roof overhang, steps, porch, stoop, elevated wood deck, raised patio or an attached utility such as an air-conditioning condenser. Note: Patios at grade may not be considered projections.

Proportion means balanced relationship of parts of a building, signs and other structures, and landscape to each other and to the whole.

Routine maintenance means includes cleaning building exterior and property; replacing deteriorated materials that compose less than 25 percent of the building's exterior; painting, provided the paint colors have been previously approved by the DDRC.

Scale means proportional relationships of the size of parts to one another and to humans. Also a drawing's relative size as referenced against a known dimensional standard.

Sidewalk clear zones means shall be a minimum of five feet in width but varies per corridor and sub-district and located immediately contiguous to the landscape zone and shall be continuous. Said zone shall be unobstructed for a minimum height of eight feet.

Street hardware means objects other than buildings that are part of the streetscape. Examples are: street light fixtures, utility poles, traffic lights and their fixtures, benches, litter containers, planting containers and fire hydrants.

Streetscape means the appearance and organization along a street of buildings, paving, plantings, street hardware and miscellaneous structures.

Transom window/panel means a small window or panel above a door that is usually hinged to a horizontal crosspiece over the door.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

The regulatory body designated to review applications for zoning, land disturbance, building and sign permits in each overlay district shall be known as the District Design Review Committee (DDRC). Each DDRC shall also be responsible for reviewing any public or private plans affecting the overlay district for which it is responsible as directed by the mayor and city council.

(1)

Members. The members of the applicable DDRC shall be formed from the following three groups: city staff, city citizens or business owners from the specific overlay district and registered design professionals.

a.

Each DDRC shall be comprised of five members.

b.

Two members shall be the city manager and the planning director or their designees.

c.

A third member shall be a registered professional [landscape architect, architect, planner or civil engineer licensed in the State of Georgia or a member of the American Institute of Certified Planners (AICP)] nominated by the city manager and appointed by the city council annually who shall serve until replaced. This professional may be paid for their services at the city's discretion.

d.

Members, other than the two staff positions and the registered professional of the DDRC:

1.

Must be either residents from the specific overlay district or owners of a business located in that overlay district;

2.

Shall be appointed by the city council;

3.

Shall serve at the pleasure of the city council; and

4.

Shall serve four-year terms except as noted below.

Preference in the selection of appointed members should be given to residents and business owners with expertise in construction, banking, business development, real-estate or design related fields.

e.

In order to achieve staggered terms, initial appointments shall be: one member for two years and one member for four years.

f.

Members, except for the registered professional, shall not receive payment for participation, although they may be eligible for reimbursement for expenses as approved by the city council.

(2)

Powers and duties.

a.

Power to adopt rules, standards and by-laws:

1.

Each DDRC may adopt rules, procedures and guidelines for the transaction of its business.

2.

Each DDRC shall provide for the time and place of regular meetings and a method for calling special meetings.

3.

Each DDRC shall select such officers from among its members as it deems appropriate. A quorum for purposes of making official recommendations shall consist of a majority of its total membership.

b.

DDRC review for compliance with adopted development standards:

1.

The DDRC shall review applications for sign permits, land disturbance permits, building permits, fence permits, re-zoning and use permits and concurrent variances and modifications which propose changes to standards contained in this article. These applications shall be evaluated on the applicable standards contained in this article.

2.

The DDRC may recommend that an applicant apply for variances regarding standards contained in this article to be considered under the procedures set forth in the Section 54-677 hereof.

3.

Said DDRC recommendations shall be forwarded to the staff of the Oakwood Planning and Development Department.

4.

Staff of the Oakwood Planning and Development Department shall forward the DDRC's variance recommendations to the Oakwood City Council for initial consideration.

5.

The Oakwood Planning and Development Department shall issue, issue with modifications or withhold a permit based on a project's conformance with the standards set out in this article, as represented by the Certificate of Endorsement (Section 54-673 of this Code) subject to final action by the city council on variances, re-zoning and modifications to conditions.

6.

The DDRC may review applications for sign permits to make advisory comments to the planning director regarding whether the proposed signs conform to the standards set forth in Part II, Chapter 36 of this Code. Such review shall not be binding on the planning director or the city. Such review shall not delay or otherwise affect the time requirements set forth in Part II, Chapter 36 of this Code.

(3)

Conflicts of interest. Each DDRC shall be governed by all conflict of interest laws and provisions of the Oakwood Code of Ethics (Part II, Chapter 2, Articles IV, Ethics). When the subject materials being reviewed include a project on which members of the DDRC have a financial interest directly or indirectly that member shall recuse him or herself from voting on that particular project.

(4)

Meetings. Each DDRC shall meet in public once a month or as required and be authorized to adopt Rules of Order for the operation of its meetings.

a.

DDRC meetings shall comply with the public notification requirements of the Georgia Open Meetings Act.

b.

An employee of the City of Oakwood shall attend all DDRC meetings in order to record the minutes.

c.

A public record shall be kept by the staff of the Oakwood Planning and Development Department of each DDRC's resolutions, proceedings, findings and recommendations and such record shall be maintained in such a place and manner as to allow public access.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011; Ord. No. 2020-CO-11-806, § 6, 2-8-2021)

(a)

Affirmation of existing building codes and zoning. Nothing in this article shall be construed to exempt property and business owners from complying with other existing city regulations whenever this article does not apply. If provisions in the overlay district conflict with other provisions of Chapter 54 of this Code, the stricter provisions of the overlay district shall apply.

(b)

Applicability. In order to assure the orderly growth and compatible development of the City of Oakwood, the mayor and city council have adopted concurrently herewith by resolution thereon district design standards as a mandatory land use control for all properties and structures within each defined jurisdiction. (See Boundary Map.) These standards supplement and are adjunct to Oakwood's Comprehensive Plan, the Standard Building Code and this Code concerning zoning, signs and subdivisions. When conflicts occur between requirements of these various regulatory documents, the most strenuous standard applies, as interpreted by the City. Design review is required for all new construction within [the] each overlay district. Plan submittal is required for buildings built on vacant lots or for the replacement of demolished buildings.

(c)

Existing buildings. If an existing building is significantly renovated or replaced with a new building, the new structure or renovation shall comply with the standards for renovated buildings of the appropriate district. Renovations, which include painting and new construction in the overlay districts, must be submitted to the applicable DDRC.

(d)

Exemptions and thresholds for review.

(1)

Exempted projects.

a.

Interior alterations are exempt. The DDRC shall not consider interiors or exterior features which are not visible from an exterior public space or street.

b.

If the project is only to carry out routine maintenance, it does not require design review (see definitions).

c.

Additionally, the replacement of dead, damaged or stolen landscaping, site furniture, paving materials or lighting that was previously approved does not require review.

(2)

Thresholds for Review by DDRC. If the project falls in any one of the following categories as hereinafter described, it requires design review by the DDRC:

a.

Major Renovation. Includes building addition, canopy or replacement of 50 percent or more of a building. The renovation or replacement of any complete (more than 75%) side of a building which fronts a street or public space regardless of the percentage of the total building shall also require review. Painting will require review if the color has not been previously approved by the DDRC.

b.

Landscaping. A landscaping plan is required to screen parking facilities and meet landscape requirements. Any project involving replacing or installing of plant material other than routine maintenance and damage replacement will require review.

c.

Parking. A plan for meeting the parking requirements associated with new building construction is subject to design review. Any proposed additional parking for an existing building is also subject to review.

d.

Demolition. Design review is required if a building predates 1950 or has historical significance. Request for demolition permit must be submitted to the DDRC accompanied by a plan for a replacement building.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011; Ord. No. 2015-CO-07-729, § 3, 8-10-2015)

(a)

Approval of plans required. No improvements shall be constructed, erected, placed, altered, maintained or permitted to remain on any building site by any owner or occupant until final plans and specifications therefore shall have been submitted to and approved in writing by the applicable DDRC. Such final plans and specifications shall be submitted in duplicate over the authorized signature of the owner or occupant, or both, of the building site or the authorized agent thereof. The plans and specifications shall be in such form and shall contain such information as may be reasonably required by the DDRC.

(b)

Improvements. All improvements must comply with the then-current district design standards established for the district.

(c)

Project review meeting. Prior to application, the property owner, developer or representative shall schedule a project review meeting with the city planning and development department. The design review is a one-time review process of conceptual design drawings. However, an applicant may return voluntarily for design critiques as often as necessary. The purpose of the review is to identify design issues and provide recommendations and advice to the applicant on the design proposal relative to the district design standards. Conceptual drawings may take the form of dimensioned sketches or may be more refined. However, the graphics should provide sufficient information so the city staff may determine if there are obvious conflicts with applicable codes and regulations.

(d)

Submittals—Applications.

(1)

An application for a Certificate of Endorsement (COE) must be submitted to the DDRC in order for it to take formal action on a proposed project. The application for a COE shall be accompanied by all standard applications (as applicable) for zoning changes, ground disturbance permits, sign permits and building permits. All applications for zoning changes, demolition permits, sign permits, ground disturbance permits and building permits within the boundaries of a specific overlay district shall clearly state so. Applications shall be submitted to the Oakwood Planning and Development Department at least 15 days prior to a scheduled meeting of the DDRC. The applicant may present the project at the public meeting and is permitted to amend the application at said meeting in response to concerns addressed by the DDRC. All amendments and stipulations to an approved application shall be attached in writing to the application and signed by the applicant and the chairman of the DDRC. Applications denied by the DDRC may be redrawn and re-submitted to the DDRC for another review. Final approval of a proposed project will be verified by the issuance of a COE and other applicable permits and subject to any required final action by the city council. Any significant deviation which is not in compliance with this Code shall be sufficient grounds for the city to take action as set forth in Sections 54-680—54-682.

(2)

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.

a.

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.

b.

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.

(e)

Basis for approval. Approval shall be based, among other things, upon adequacy of site dimensions, adequacy of structural design, conformity with the district design standards, harmony of external design with neighboring structures, effect of location and use of proposed improvements upon neighboring lots, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical installations and conformity of the plans and specifications to the purpose and intent of this article. No plans will be approved which do not provide for the underground installation of power, electrical, telephone and other utility lines and the complete visual and landscaped screening of all transformer and terminal equipment. Except as otherwise provided in this article, the DDRC shall have the right to disapprove any plans and specifications submitted hereunder on any reasonable grounds including, but not limited to, the following:

(1)

Failure to comply with any of the restrictions set forth in this article;

(2)

Failure to include information in such plans and specifications as may have been reasonably requested by the DDRC;

(3)

Objection to the exterior design or the appearance of materials employed in any proposed structure;

(4)

Objection on the ground of incompatibility of any proposed structure or use with existing structures or uses upon other building sites or other property in the vicinity of the subject property;

(5)

Objection to the location of any proposed structure with reference to other building sites or other property in the vicinity;

(6)

Objection to the color scheme, finish, proportions, style of architecture, height, bulk or appropriateness of any structure;

(7)

Objection to the number or size of parking spaces or to the design of the parking areas; or

(8)

Any other matter which, in the judgment of the DDRC, would render the proposed improvements or use inharmonious with the design standards which the city may promulgate from time to time.

(f)

Result of inaction. If the DDRC fails either to approve or disapprove plans and specifications submitted to it for approval within 30 days after the same have been submitted, it shall be conclusively presumed that the DDRC has approved said plans and specifications; provided, however, if within the 30-day period, the DDRC gives written notice of the fact that more time is reasonably required for the review of such plans and specifications, there shall be no presumption that the same are approved until the expiration of such reasonable period of time as is set forth in the notice.

(g)

Approval. The DDRC may approve plans and specifications as submitted, as altered or as amended or it may grant its approval to the same, subject to specific conditions and permit(s) issuance. Upon approval or conditional approval by the DDRC of any plans and specifications, together with any conditions, one copy thereof shall be retained in the city and a copy of such approval together with any conditions shall be returned to the applicant submitting the same. Conceptual site plans and preliminary concepts may be considered by the DDRC prior to completion of the final design.

(h)

Commencement of work. Upon receipt of approval from the DDRC pursuant to sub-paragraph (g) hereof, the owner or occupant, or both, to whom the same is given shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing and alterations. In all cases, work shall commence within one year from the date the owner receives approval and, if work is not so commenced, approval shall be deemed revoked unless the DDRC, pursuant to written request made and received prior to the expiration of said one-year period, extends the period of time within which work must be commenced.

(i)

Completion of work. Any improvement commenced pursuant hereto shall be diligently completed in a workmanlike manner and shall be completed within 18 months from the construction starting date. In the event of strike, fire, national emergency, natural disaster or other supervening force beyond the control of owner or occupant, the DDRC may, upon written request made and received prior to the expiration of the period, extend the period of time within which work must be completed. Failure to comply with this section shall constitute a violation of this article and subject to the penalties set forth in section 54-682 of this article.

(j)

City not liable. The city and the DDRC shall not be liable for any damage, loss or prejudice suffered or claimed by any person (including environmental claims) on account of:

(1)

The approval or disapproval of any plans, drawings and specifications, whether or not in any way defective;

(2)

The construction of any improvement or performance of any work, whether or not pursuant to approved plans, drawings and specifications;

(3)

The inadequacy of any approved structure; or

(4)

The development of any lot within the district.

(k)

General condition of building sites. The owner or occupant of any building site shall at all times keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, with all applicable governmental, health, fire and safety ordinances, regulations, requirements and directives; and the owner or occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever which may accumulate upon such building site. Each building site and all improvements thereon shall at all times be constructed, kept and maintained by the owner or occupant of the building site in first-class condition, repair and appearance. All repairs, alterations, replacements or additions to such improvements shall be at least equal to the original work quality and class. The necessity and adequacy of such repairs shall be measured by the same standard as set forth herein for the original construction and maintenance. Landscaping shall be maintained in a well-kept condition. For specific district requirements, see the applicable design standards adopted for each district.

(l)

Grounds. The grounds of each building site (whether vacant or occupied) shall be maintained in a neat and attractive condition. Upon the failure of any owner and/or occupant to maintain the grounds of a building site (whether vacant or occupied) in a neat and attractive condition, the city may (but shall be under no obligation to) after seven days' prior written notice to such owner and occupant (if other than the owner) enter upon the building site and have the grass, weeds or other vegetation cut or trimmed when, and as often as, the same is reasonably necessary in its judgment and may have dead trees, shrubs and/or other plants and trash removed therefrom and, if appropriate, replaced. The owner of the building site (and when occupied by a non-owner, the occupant) shall be liable to the city for the cost of any such cutting, clearing, maintenance or removal determined by the city to be necessary and such amount shall also constitute a permanent charge and lien upon such building site enforceable by the city through any appropriate proceeding at law or in equity. For specific district requirements, see the applicable design standards adopted for each district.

(m)

Improvements. Improvements to a building site (whether occupied or vacant) including, without limitation, buildings, walls, walkways, fences, screens, driveways, parking areas and/or signs shall be cared for and properly maintained by the owner or occupant in a neat and attractive condition. Upon the failure of any owner or occupant to repair and maintain improvements to a building site to the reasonable satisfaction of the city, the city or its authorized representatives may in its reasonable discretion (but without obligation to do so) after seven days' written notice to the owner and to the occupant (if other than the owner) enter upon such building site and perform the necessary repair or maintenance when and as often as the same is necessary in its reasonable judgment. The owner of the building site (and when occupied by a non-owner, the occupant) shall be personally liable to the city for the cost of such necessary repair and/or maintenance as was incurred by the city and such amounts shall also constitute a permanent charge and lien upon such building site enforceable by the city by any appropriate proceeding at law or in equity.

(n)

Delegation of authority. The city may at anytime delegate and assign in writing to the DDRC any or all of its rights and powers under this division, including the corresponding enforcement provisions hereof.

(o)

Site inspection final completion. Prior to the city's issuance of a certificate of occupancy (CO) and/or COE (CO's not issued for renovation projects) for a project or development falling under the purview of this article, the owner or developer (or agent) shall notify the city of the project's substantial completion and the city staff shall visit the site and inspect the work performed. If the work is found to have been completed in compliance with the plans and documents and all other city requirements have been met, the city will issue a CO or draft a COE and deliver it to the owner, developer or agent. Additionally, section 12-52 of this Code shall apply to all inspections required by the this chapter.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

(a)

Design exceptions. The city may grant design exceptions if a proposed project is a unique and exceptional design concept that enhances the overlay district or, if by reason of unusual circumstances, the strict application of any provision of this article would result in exceptional practical difficulty or undue hardship due to the circumstances unique to the particular property in question. The DDRC, in passing upon applications, shall consider and issue exceptions to said provisions so as to relieve such difficulty or hardship provided such exceptions shall remain in harmony with the general purpose and intent of said provisions, so that the integrity or character of the property shall be conserved and substantial justice done. A hardship shall not qualify as an undue hardship if it is of a person's own making. In granting such exceptions, the DDRC may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article. Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this division are met and no reasonable alternative exists. In reviewing such requests, the city shall consider all technical evaluations, relevant factors and all standards specified in this and other sections of this division. A variance shall be issued only when there is:

(1)

A finding of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship; and

(3)

A determination that the granting of a variance will not result in threats to public safety, public expense or create a nuisance.

Once a design exception is granted by the DDRC, the applicant must seek approval from the city council through the provisions of Chapter 54 of this Code.

(b)

Alternative compliance. In the event an exception or variance is sought for any provisions in this article, the following alternatives are often considered as offsets that may be taken into consideration.

(1)

Fences and walls in lieu of landscaping: To screen parking when there is not enough room to provide an effective landscape screen, install fences and/or walls.

(2)

Enhanced architectural details: Offering to provide additional details, specifically period and style appropriate appointments and materials not typically used due to high cost.

(3)

Adding windows: Providing more and higher quality architecturally appropriate windows to offset other design deficiency.

(4)

Public seating spaces: Provision of quality public seating meeting the standards in this article to offset other design deficiency. Examples include benches in front of shops and businesses.

(5)

Decorative pavers: Installing quality pavement designs, especially in areas highly visible to the public such as driveway aprons and building entrances along main streets to offset other design deficiency.

(6)

Green infrastructure: Providing additional or alternative storm water design solutions such as bio swales, rain gardens and cisterns to offset other design deficiency.

(7)

Green building technologies: Use of a new, innovative or non-traditional energy efficient building technology to offset other design deficiency. Use of solar panels and insulated prefabricated wall panels would be examples to consider.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011; Ord. No. 2020-CO-11-806, § 7, 2-8-2021)

If the DDRC denies an application, the city council shall hear and decide requests for appeals or variance from the requirements of this division. The city council shall also hear and decide appeals when it is alleged that an error in any requirement, decision or determination is made by the DDRC in the enforcement or administration of this division. At its discretion, the city council may accept this appeal and schedule a public hearing to hear public arguments on the matter. Any person aggrieved by the decision of the city may appeal such decision to the superior court of the county, as provided by Georgia law.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

(a)

Interpretation. This article shall be governed by section 54-107 of this Code.

(b)

Enforcement. This article shall be governed by section 54-108 of this Code. Design standards have been established for each sub-district by resolution pertaining to each such district or sub-district or as general requirements for all districts and shall apply to all improvements contained in the specified overlay district, the boundaries of which are established under section 54-669 hereof. All applications for land disturbance permits shall comply with the standards contained in the article, unless a variance had been granted for relief from the standards contained herein; all rezoning, modification and use permit applications shall comply with the standards contained in this article unless a variance has been approved in the case of modifications and use permits only or a concurrent variance is being sought for relief from the standards contained herein.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

Any action or inaction that violates the provisions of this article or the district design standards may be subject to the enforcement actions outlined in Section 54-682. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described in section 54-682 shall not prevent such equitable relief. This article shall also be governed by section 54-112 of this Code.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

(a)

If the city determines that an applicant or other responsible person has failed to comply with the provisions of this article, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this article without having first complied with the provision hereof, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

(b)

The notice of violation shall contain:

(1)

The name and address of the owner or the applicant or the responsible person;

(2)

The address or other description of the site upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the action or inaction into compliance with this division and the date for the completion of such remedial action;

(5)

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

(6)

A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 30 days after the notice of violation.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the city shall first notify the applicant or other responsible person in writing of its intended action and shall provide a reasonable opportunity, of not less than ten days (except that in the event the violation constitutes an immediate danger to public health or public safety. Twenty-four hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the city may take any one or more of the following actions or impose any one or more of the following penalties:

(1)

Stop work order. The city may issue a stop work order that shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

(2)

Withhold certificate of occupancy or certificate of endorsement. The city may refuse to issue a CO for the building or COE for other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(3)

Suspension, revocation or modification of permit. The city may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the city may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(4)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days or such greater period as the city shall deem appropriate (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient) after the city has taken one or more of the actions described in this section, the city may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(5)

Criminal penalties. For intentional and flagrant violations of this division, the city through its police department may issue a citation to the alleged violator requiring such person to appear in the municipal court for the city to answer charges for such violation. Upon conviction, such person shall be punished as provided by section 54-112 of this Code.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

All matters included in the general design standards shall apply in the development and maintenance of all building sites within the districts designated therein. Additionally, each corridor and district overlay district within the City of Oakwood shall have the separate district design standards adopted by the Oakwood City Council by resolution thereon after public hearing. Each such district shall also include properties within the designated district which are contiguous to the city but not within its corporate limits and/or included on the map referenced herein, a copy of which is maintained by the Oakwood Planning Department.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)

Prior to the commencement of construction of any improvements on a building site, one digital copy and three or more (as required) sets of plans and specifications shall be submitted to the City of Oakwood, District Design Review Committee, P.O. Box 99, Oakwood, Georgia 30566, Attention: Community Development Director. Plans and specifications formally submitted to the DDRC for final review shall be finished in all respects and shall conform to the [within] design and development standards as well as all zoning requirements of the city. Plans and specifications shall be reviewed by the DDRC and comments thereon returned to the owner or its designated agent. All improvements shall as a minimum comply with the construction standards of the International Building Code (latest edition) or other applicable standards established by statute, regulation or ordinance and be approved where required by ordinance by the city building inspector.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011; Ord. No. 2020-CO-11-806, § 8, 2-8-2021)

All plans and specifications shall include, at a minimum, the following:

(1)

A topographical and boundary plat showing contour grades (with two-foot contour intervals) and showing the location of all proposed improvements. Existing and finished grades shall be shown at lot corners and at corners of proposed improvements. Lot drainage provisions shall be included as well as cut-and-fill details if any appreciable change in the lot contours is contemplated.

(2)

Exterior elevations of all buildings, structures and appurtenances.

(3)

Exterior materials, colors, textures and shapes.

(4)

Structural design.

(5)

Landscaping plan including construction details for walkways, fences and walls, elevation changes, watering systems, vegetation and ground cover.

(6)

Parking area and driveway plan.

(7)

Screening including size, location, method and description of materials and finish.

(8)

Proposed utilities and connections including routing of electrical and telephone cables.

(9)

Exterior illumination including location.

(10)

Fire and smoke protection system.

(11)

Signs including location, size, shape, color, materials and finish.

(12)

Mailbox design including location, size, shape, color, materials and finish.

(13)

Trash container storage locations and related screening with materials and finish.

(14)

Sidewalk or access way layout and material composition.

(Ord. No. 2011-CO-06-674, § 1, 7-11-2011)