Pine Lake City Zoning Code

Mixed-use development is one of the cornerstones of quality growth. Quality growth seeks to minimize automobile use, improve community design, use public infrastructure wisely, and conserve environmental resources. It allows an area to be useful for a much more significant part of the 24-hour day than single-use developments. Additionally, mixed-use developments can also make more efficient use of land and public infrastructure. The right mix of uses can be extremely efficient in using resources such as roadways, parking, and even water and sewer.

This ordinance is meant to apply to those areas within the Pine Lake commercial and professional district that have been zoned mixed use.

The purpose of mixed use is to improve Pine Lake commercial and professional environments in the following ways:

1)

Encourage, protect and enhance the pedestrian environment.

2)

Improve the aesthetics of the commercial/professional districts.

3)

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

4)

Encourage additional street level activity.

5)

Promote opportunities for residential and commercial development.

(Ord. No. O00105, § 1, 4-11-2005)

Caliper. A forest standard of tree trunk measurement for under story or replacement trees. Caliper of the trunk shall be taken at six inches above the ground for trees up to and including four inch caliper size, and 12 inches above the ground for trees larger than four inch caliper.

Clear zone. Unobstructed sidewalk.

Commercial district. Pine Lake business district.

Commercial street. A street which contains 50 percent or more commercial, professional or mixed use zoning.

Development authority. The director of administration.

Facade. The main face, or any elevation of a building facing any public space.

Foot candle. The amount of light thrown on one square foot of surface at a distance of one foot. (One foot candle = one lumen/square foot).

Mixed use. A combination of residential and commercial/civic uses, arranged vertically (in multiple stories of buildings) or horizontally (adjacent to one another) in the same development.

Sunset provision. A zoning requirement, ordinance or other statutory authority that expires under specific terms.

(Ord. No. O00105, § 2, 4-11-2005)

1)

Residential. Residential uses are permitted on upper stories and may also be allowed on ground floors when they do not use storefront space, and do not exceed 50 percent of the ground floor building space.

2)

Commercial.

a)

Retail sales and service. Not exceeding 5,000 sq. ft. of ground floor building space per business location.

b)

Restaurants. Drive-thru not permitted.

c)

Office and clinics.

d)

Public parking.

e)

Entertainment. Enclosed in building (e.g., theater).

3)

Civic.

a)

Government. Point of service (e.g., library, chamber of commerce, city hall).

b)

Parks and open space.

c)

Schools. Without sunset provision.

d)

Clubs and religious institutions. Without sunset provision.

(Ord. No. O00105, § 3, 4-11-2005)

[The following are prohibited land uses:]

1)

Lodging.

2)

Manufacturing and production.

3)

Production of raw materials.

4)

Transportation, freight and distribution.

5)

Vehicle sales and service.

6)

Warehouse and commercial storage.

(Ord. No. O00105, § 4, 4-11-2005)

1)

Lot size. Minimum buildable lot size in the mixed use zone is 200 feet wide by 200 feet deep.

2)

Building height.

a)

Maximum building height: No larger than three stories and no higher than 44 feet along a public road frontage.

b)

Where applicable, cornices (e.g., building tops or first-story cornices) shall be aligned to generally match the height(s) of those on adjacent buildings.

c)

Building height contiguous to a residential zoned property shall be no more than 32 feet for the first 30 lineal feet.

3)

Setbacks.

a)

A minimum of 20 feet [of] setback shall be required adjacent to any residential zoned lot line.

b)

A minimum 20 foot setback shall be required from any public street with residential zoning directly opposite the mixed-use property, and at least 60 percent of the setback must be reserved for landscaping.

c)

Building setback must be 15 feet minimum from any public street.

4)

Lot coverage.

a)

The area covered by impervious surfaces (ie., area covered by buildings and pavement) shall be minimized to the greatest extent practicable.

b)

Best practices for surface water management shall be required (Title 6, Chapter 1, Section 14, Storm Water Ordinance) [article II, chapter 22, Code of Ordinances].

5)

Sidewalks and street furniture zone.

a)

Sidewalks shall be built along all commercial streets.

b)

All sidewalks along a commercial street shall have a minimum width of ten feet with a minimum clear zone of five feet, and a minimum street tree planting and street furniture zone of five feet.

c)

In addition to planting trees, the street tree planting and street furniture zone is also intended for the placement of street furniture including light poles, litter receptacles and similar items.

d)

An exception will be made when the existing building line does not presently provide a minimum sidewalk width of ten feet, the minimum sidewalk width may be reduced to the actual width of the existing sidewalk.

e)

Outdoor dining. Accessory outdoor dining areas shall be permitted on a public or private sidewalk area 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 less than five feet. Tables, chairs, umbrellas and similar items shall be stored in the interior of the restaurant or in similar enclosed area when the outdoor dining area is not in use because of inclement weather or when the restaurant is closed.

6)

Landscaping.

a)

[Generally.] All front yards and any side yard abutting or facing a residential district shall be suitably landscaped.

b)

Street trees. Street trees shall be planted in sidewalk cut-outs, or in landscape parkway strips where on-street parking is not provided. Street trees shall be planted no more than 40 feet apart. Newly planted trees shall be no more than 33.5 inches caliper measured six inches above the ground, and shall be limbed up to a minimum of six feet.

c)

Landscape buffer between parking lot and existing pathways and streets.

i)

Standard is: Four-foot wide planter with one-foot minimum vertical growth; or two-foot average height masonry or living wall with two-foot wide planter and one-foot minimum vertical growth. May be modified through design review.

ii)

Exceptions permitted for parking courts designed to double as plazas.

d)

Parking lot interior landscape. In lots with more than ten parking spaces, ten percent must be reserved for landscaping.

e)

[Landscape buffer between abutting zoned sites.] Landscape buffer between abutting commercial/civic/professional and residential zoned sites must be 20 feet. Exceptions may be granted through design review.

7)

Lighting. All building entrances, pathways and other pedestrian areas shall be lit to two foot candles with pedestrian-scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscape uplighting, etc.), and must be designed to minimize impact on any adjacent residential properties. Alternative lighting meeting the intent of the design guidelines in section 6, criteria 3 and 5, may be approved through site/design review.

8)

Utilities. All utility connections shall be run underground.

(Ord. No. O00105, § 5, 4-11-2005)

(Ord. No. O00105, § 6, 4-11-2005)

The applicant must demonstrate how his/her proposal conforms to all of the "guidelines" numbered 1—8, below. The guidelines listed must be used to satisfy each criterion, or the applicant may propose an alternative approach, as approved by the development authority, that better achieves the intent of the guidelines. Before a development may be approved, the development authority, must make findings that the proposal satisfies the guidelines.

1)

Compact development.

a)

The site layout is compact; and

b)

Opportunities for shared parking are utilized in the proposal; and

c)

If the site contains more than one use, the site layout clusters buildings on the site to promote linked trips;

d)

The provisions of section 6, parking, are met; and/or

e)

The proposal contains an equally good or superior way to achieve the above criterion.

2)

Mixed land use. The combining of land uses should promote easy access among stores and services by pedestrians.

a)

The proposal is a "mixed-use" development or contributes to a mixed-use district;

b)

The proposal is designed in such a way that it is well integrated with adjacent land uses. "Integrated" means that uses are within a comfortable walking distance (one-eighth mile) and are connected to each other with direct, convenient and attractive sidewalks and/or pathways; or

c)

The existing and planned land uses on, or in the vicinity of, the site make it impracticable to meet guideline a) or b); or

d)

The proposal contains an equally good or superior way to achieve the above criterion.

3)

Pedestrian access, safety and comfort. All portions of the development are accessible by a direct, convenient, attractive, safe and comfortable system of pedestrian facilities, and the development provides appropriate pedestrian amenities. The design of buildings supports a safe and attractive pedestrian environment.

a)

In the mixed use, commercial, or professional building zones, each building, residence, or commercial space shall have at least one primary entrance facing a street, or directly accessed by a sidewalk or plaza within ten feet of the primary entrance; and

b)

Building entrances in mixed use, commercial, or professional building zones open directly to the outside; every building has at least one entrance that does not require passage through a parking lot or garage to gain access; corner buildings have corner entrances whenever possible; and

c)

In the mixed use, commercial, or professional building zones windows or window displays are provided along at least 30—60 percent of the portion of the building's facade that is designated commercial or professional; and

d)

Pedestrian facilities as defined in section 4(d), below, shall connect the development to adjacent land uses and provide connections through the development to the public street right-of-way;

e)

Parking and vehicle drives shall be located away from building entrances, and not between a building entrance and sidewalks, or plazas;

f)

Surface parking is oriented behind or to the side of a building when possible; parking shall be accessed from an alley only when it attaches to a commercial street; and parking shall not be located on street corners;

g)

Landscape buffering is provided between parking lots and all adjacent sidewalks; and/or

h)

The proposal contains an equally good or superior way to achieve the above criterion.

4)

Street connections. The development is part of a connected street system that serves vehicles, pedestrians and bicycles.

a)

Public or private streets connect the development to adjacent neighborhoods and zoning districts; and

b)

Public streets are preferred over private streets to accommodate through traffic; and

c)

The proposal implements all planned street connections, as designated by the regional transportation plan, the DeKalb County comprehensive transportation plan, and the City of Pine Lake comprehensive plan; and

d)

When street connection(s) is/are not practicable, pedestrian connection(s), are made to and through the development in lieu of planned street connection(s). Pedestrian connections should equal what would be available if they were on a street (i.e., distinct from vehicle lane, minimum clear space, Americans With Disabilities Act accessible, direct rate with minimum interruption, shade by day and light by night, connects to a destination that attracts pedestrian activity (front door of commercial use, public plaza/park, residence, transit stop, true street, etc.); and/or

e)

The proposal contains an equally good or superior way to achieve the above criterion.

5)

Crime prevention and security. The site design, buildings, signs, landscaping, parking and other elements provide a safe environment for customers, employees, occupants and adjacent properties. Crime prevention shall be considered in the site design through application of all of the following guidelines:

a)

Territoriality. All proposed building entrances, parking areas, pathways and other elements are defined with appropriate features that express ownership (generally, people protect and maintain territory that they feel is their own and have a certain respect for the territory of others). For example, landscaping, fences, pavement treatments, art and signs are some physical ways to express ownership through design. Such features should not conflict with the need for natural surveillance, as described in b); and

b)

Natural surveillance. The proposed site layout, building and landscape design promote natural surveillance. Physical features and activities should be oriented and designed in ways that maximize the ability to see throughout the site. For example, window placement, the use of front porches or stoops, use of low or see-through walls, and appropriate use of landscaping and lighting can promote natural surveillance. Sight-obscuring shrubs and walls should be avoided (shrubs and walls should not exceed three feet in height, and the lowest hanging branches of trees should not be lower than five feet, exceptions shall be granted for new saplings that have not reached their mature heights), except as necessary for buffering between commercial uses and lower density residential districts, and then shall be minimized; and

c)

Activity support. The proposed site layout and building design encourage legitimate activity in public spaces. For example, locating outdoor seating in areas that are visible from inside a restaurant helps to discourage crime and supports the activity of dining; and

d)

Access control. By properly sitting and designing entrances and exits (i.e., in clear view from the store), and through the appropriate use of lighting, signs and/or other features, the proposed plan controls access in ways that discourage crime; and/or

e)

[Other means of compliance.] The proposal contains an equally good or superior way to achieve the above criterion and guideline(s).

6)

Parking and land use efficiency. All of the following methods are used whenever possible to minimize the amount of land developed as surface parking:

a)

Shared parking. "Shared parking" means that multiple uses share one or more parking facilities. Parking demands must "peak" during different times of the day.

i)

The minimum number of parking spaces for a mixed use development or where shared parking strategies are proposed shall be determined by a study prepared by the applicant following the procedures of the urban land institute shared parking report, ITE shared parking guidelines, or other approved procedures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. The actual number of parking spaces required shall be based on well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys shall be conducted to determine actual parking accumulation. If possible, these surveys should consider the seasonal peak period for the combination of land uses involved.

ii)

If a privately owned parking facility is to serve two or more separate properties, a legal agreement between owners guaranteeing access to, use of, and management of designated spaces is required. For a sample shared parking ordinance, please refer to appendix A: model - shared use agreement for parking facilities.

b)

Credit for on-street parking. The amount of required off-street parking shall be reduced by one off-street parking space for every on-street parking space adjacent to the development. On-street parking shall follow the established configuration of existing on-street parking, subject to city standards, except that angled parking may be allowed for some streets, as approved by the development authority. The configuration of the on-street parking and allowable credit toward off-street parking requirements shall be addressed during site/design review. The city clerk shall maintain a written record of credits granted per each use;

c)

Reduce or waive minimum off-street parking standards. The applicant may request a reduction to or waiver of parking standards based on a parking impact study. The study allows the applicant to propose a reduced parking standard based on estimated peak use, reductions due to easy pedestrian accessibility; availability of transit service, and likelihood of car pool use; and adjacent on-street parking. The parking study is subject to review and approval or modification by the development authority;

d)

Maximum parking ratio. Surface parking shall not exceed 110 percent of the minimum parking requirement for the subject land use(s). Exemptions to the standard can be approved through site/design review for developments that provide parking structures, shared parking, valet parking spaces, market rate parking, or similarly managed parking facilities;

e)

Structured parking incentive. A density or floor area bonus of one building story may be granted for every full story of structured parking provided below grade in a building. A maximum credit of two stories may be applied, and may not be used to exceed the height restrictions along a public street [section 5, 2) a)], but may be applied to allow an exception to height restrictions set back from the public road frontage, subject to the residential setback height requirements in section 5, 2) c).

f)

Valet parking. Valet parking is permitted where a valet parking plan is approved by the city with the site/design review application. Valet parking allows stacking of smaller parking spaces with less space devoted to drive aisles.

7)

Creating and protecting public spaces. The proposal provides usable public space, and recognizes and responds appropriately to existing or planned public spaces (e.g., parks, civic buildings and spaces, transit stops, sidewalks, plazas, and similar spaces). Public spaces are "public" when they are within view of a street or other public space, accessible by pedestrians, and can be occupied by people. All developments shall meet or exceed the following guidelines. A development proposal may be required to mitigate impacts to a public space when it is likely to degrade public safety, or the function, comfort or attractiveness of a public space.

a)

The development provides at least 20 square feet of public space, in addition to required sidewalk(s), for every ten off-street surface parking spaces or 1,000 square feet of ground-floor space, whichever is greater.

b)

The development does not diminish the safety, function, comfort or attraction of an existing public space, as described in 1—4, below. A superior design may enhance an existing public space and/or create a superior public space(s).

1)

"Safety" means both pedestrian safety near vehicles, and safety related to crime prevention (see number 5, above); and

2)

The "function" of a public space may include transportation, in the case of the sidewalk; recreation and socialization, in the case of a plaza or park; and

3)

"Comfort" means the ability of a public space to reasonably accommodate expected uses; and

4)

"Attraction" relates to the reason people use the public space; and/or

c)

The proposal contains an equally good or superior way to achieve the above criterion.

8)

Human scaled building design. Building facades are designed to a human-scale, for aesthetic appeal, pedestrian comfort, and compatibility with the design character of the district or neighborhood. Building design standards should be tailored to fit the local design context and character. Proposed development should consider the following guidelines:

a)

Existing architectural character of the neighborhood/district, which may or may not be an appropriate guide for new development or redevelopment; design reflects the context of its surroundings or create its own distinct look and identity;

b)

Continuity of the building sizes;

c)

How the street-level and upper-level architectural detailing is treated;

d)

Roof forms;

e)

Rhythm of windows and doors; and

f)

General relationship of buildings to public spaces such as streets, plazas, other open space and public parking.

(Ord. No. O00105, § 7, 4-11-2005)

Editor's note— Ordinance No. O00105, adopted April 11, 2005, contained an appendix A labeled "Model shared use agreement for parking facilities." This appendix was not included in the printing of the ordinance at the discretion of the editor.