- ZONING DISTRICTS
This Article describes the specific uses to which land and structures may be put in the various zoning districts, and includes special requirements in order for certain uses or structures to be allowed. District regulations such as lot size, building setbacks, residential floor area and structure height are included.
(Ord. No. 01-7-2, § I, 7-16-01)
a.
The boundaries of the various zoning districts shall be shown on a set of parcel specific, tax maps collectively entitled "Zoning Districts Maps, Rome-Floyd County, Georgia" and adopted on the respective dates of adoption for this ordinance, and as subsequently amended thereafter from time to time in conformance with this Code.
b.
The "Zoning Districts Maps, Rome-Floyd County, Georgia" is adopted as the Official Zoning Map(s) and is hereby made a part of this Code, and all notations, references and other information shown on it shall be a part of this Code.
c.
The Official Zoning Map(s), as adopted by the governing body and subsequently amended from time to time by its action, shall be maintained by the Rome/Floyd County Planning Department.
The Official Zoning Map(s) shall be stored and maintained in an electronic database. So stored and maintained, the Official Zoning Map(s) shall be the final authority as to the current zoning status of all land, water, buildings and structures within the county.
On a quarterly basis, the Official Zoning Map(s) shall be printed. All printed maps shall be identified by the following words:
Zoning District Maps, Rome-Floyd County, Georgia: This is the Official Zoning Map(s) referred to in Article 3.2.1 of the Rome-Floyd County, Georgia, Unified Land Development Code, as of _______ (date).
a.
Changes Due to Map Amendment. No changes of any nature shall be made to the Official Zoning Map(s) except in conformity with amendments to the map approved by the Governing Body.
b.
Changes Due to Annexation. Where city limit boundaries change by virtue of annexation, the following provisions shall apply:
(1)
Land area incorporated through annexation shall retain its existing zoning classification until an application for rezoning is filed for rezoning with the Planning Director.
(2)
Any application for a building permit or development permit will be processed in the customary fashion as it would have been prior to annexation.
c.
Notification Upon Amendment. Following the approval of a zoning map amendment by the Governing Body, the Clerk shall transmit a copy of the amendment to the Planning Director. If the action was to rezone property, the Planning Director shall cause the Official Zoning Map to be amended to show the change.
a.
The boundaries of the districts as shown on the Official Zoning Map shall be determined on the basis of the legal descriptions associated with approved zoning petitions, or, lacking such legal descriptions, on the basis of the location of the boundary as depicted on the Official Zoning Map along with any dimensions shown.
b.
Where uncertainty exists with respect to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1)
Unless otherwise indicated, the district boundary lines are center lines of streets or railroads or such lines extended, property lines or such lines extended, a line lying in the center of a stream or drainage way, or the city limits of Rome.
(2)
Where a district boundary line parallels a street right-of-way or discernible topographic feature but no dimension is given, the distance shall be scaled from the Official Zoning Map.
(3)
Where a district boundary line divides a lot that is of single ownership at the time of the effective date of this Code [August 1, 2001], the zoning classification of the larger portion may be interpreted to extend into the smaller portion for a distance of no more than ten feet.
(4)
In the event the exact location of a boundary cannot be determined by the foregoing methods, the Zoning Board of Adjustment shall, upon application, determine the location of the boundary.
(5)
Where a public road, street, alley or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, alley or right-of-way.
(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 03-10-3, § I, 10-20-03)
a.
Zoning districts established:
b.
Permitted uses. Principal and accessory uses permitted by right or as special uses are shown in Section 3.4—List of Permitted Uses.
c.
Density, lot width, setback and height standards. Applicable density, lot width and setback standards are contained in Section 3.5—Lot Size, Density and Setbacks and Section 3.6—Structure Heights.
d.
Residential cluster overlays, neighborhood office commercial and planned developments.
e.
Application and Hearing Procedures. Procedures for filing for rezoning, subdivision or site approvals are contained in Article 2—Procedures.
f.
Restrictions Regarding Particular Uses. Applicable standards regarding specific uses, regardless of the zoning district where they are located are contained in Article 4—Restrictions Regarding Particular Uses.
g.
Sign Standards. Applicable regulations are contained in Article 5—Sign Regulations.
h.
Buffers, Landscaping, Tree Protection and Parking Standards. Applicable regulations are contained in Article 6—Subdivision and Project Standards.
i.
Construction Development Standards. Standards regarding site grading, flood hazard areas, erosion control, installation of streets, drainage, public utilities and building construction are contained in Article 6—Subdivision and Project Standards.
a.
A-R Agricultural Residential.
(1)
The A-R Agricultural Residential District is established to provide areas for agricultural and forestry uses and residential development.
(2)
Manufactured and mobile homes are permitted with limitations throughout the A-R District outside the City of Rome. A Special Use Permit is required within the City.
b.
S-R Suburban Residential.
(1)
The S-R Suburban Residential District is established for three levels of residential development (in addition to all forms of agricultural crop production and forestry):
(a)
In areas where public sanitary sewer and public water are not available, the S-R District is established to provide areas of primarily low density residential development of one unit per acre.
(b)
In areas where public water is available, but not public sanitary sewer, minimum 20,000 square foot lots are required.
(c)
In areas where sanitary sewer and public water are available, the S-R District is established to provide moderately dense, primarily single-family residential development with minimum 7,200 square foot lots.
(2)
Manufactured home subdivisions are deemed appropriate in the S-R Residential District within the city and county. Manufactured homes on single parcels outside an established manufactured home subdivision are permitted in this district except a special use permit is required:
(a)
Within the city; and
(b)
Within those portions of the county consisting of a land development project in which two or more lots are created, along with streets and utilities needed to support construction of buildings on the lots.
(3)
Attached single-family dwelling as defined in Article 8 may be considered appropriate as infill development if the design is compatible with the surrounding neighborhood in terms of scale, height, roof pitch, provision of parking, and orientation toward the street. Such development, if approved by Special Use Permit, must meet the standards listed in Article 4.1.28.
c.
HT-R High Density Traditional Residential.
(1)
The HT-R Traditional Residential District is established to provide opportunities for higher density single family residential averaging four to seven units per acre. The HT-R District development patterns and architectural styles are reflective of the residential neighborhoods established before the 1940's. Streets were developed along a grid pattern with neighborhoods conveniently located to local shopping areas. Although these are older areas of the community, it is envisioned that this zoning district is also appropriate for new single-family development built in this "neo-traditional" style.
(2)
Manufactured homes are not considered appropriate in the HT-R District.
(3)
Two Family Dwellings (Duplexes) may be deemed appropriate in the HT-R District under certain circumstances, however, a Special Use Permit is required.
(4)
Attached single-family dwelling as defined in Article 8 may be considered appropriate as infill development if the design is compatible with the surrounding neighborhood in terms of scale, height, roof pitch, provision of parking, and orientation toward the street. Such development, if approved by Special Use Permit, must meet the standards listed in Article 4.1.28.
d.
LT-R Low Density Traditional Residential.
(4)[1]
The LT-R Traditional Residential District is established to provide opportunities for lower density single-family residential averaging one to four units per acre. The LT-R District development patterns and architectural styles reflect the residential neighborhoods established before during the 1940's, 50's and early 60's. Streets were largely developed along a grid pattern with sidewalks and neighborhoods conveniently located to local shopping areas. Although these are older neighborhoods of the community, it is envisioned that this zoning district is also appropriate for new single-family development built in "neo-traditional" style in accordance with current new urbanism concepts.
(5)[2]
Manufactured housing units are not considered appropriate within the Low density, Traditional Residential District.
(3)
Two Family Dwellings (Duplexes) may be deemed appropriate in the LT-R District under certain circumstances; however, a Special Use Permit is required.
(4)
Attached single-family dwelling as defined in Article 8 may be considered appropriate as infill development if the design is compatible with the surrounding neighborhood in terms of scale, height, roof pitch, provision of parking, and orientation toward the street. Such development, if approved by Special Use Permit, must meet the standards listed in Article 4.1.28.
e.
D-R Low Duplex Residential.
(1)
The Duplex Residential District is established to provide a location for two attached residential units with a maximum density of six units per acre.
(2)
The Duplex Residential District includes only single family detached, single family attached, and two-family attached (duplex) residential units.
(3)
The Duplex District is intended to allow for an intermediate density of residential that blends easily with nearby single family residential units. Such units, if effectively sited, are deemed to be suitable buffers between single family residence (S-R or T-R) and higher density. Multifamily Residential (M-R), Office/Institutional (O-I), and/or Neighborhood Office Commercial (N-O-C) uses.
(4)
Attached single-family dwelling as defined in Article 8 may be considered appropriate as infill development if the design is compatible with the surrounding neighborhood in terms of scale, height, roof pitch, provision of parking, and orientation toward the street. Such development must meet the standards listed in Article 4.1.28.
f.
M-R Multifamily-Residential.
(1)
The M-R Multifamily Residential District is established to provide a location for attached units with densities from six to 14 units per acre. Multifamily development includes, triplexes, apartments of four units or more, townhomes, condominiums, and manufactured home parks. The M-R district is designed for areas served by publicly provided sanitary sewer.
(2)
The M-R District is intended to accommodate higher density attached residential development that blends easily with nearby single-family units. M-R District developments such as duplexes, triplexes, townhomes, and low density apartment complexes are considered appropriate in proximity to the S-R and T-R residential districts, if effectively sited, landscaped, buffered and adequate provisions for access and open space are made.
(3)
A wide range of multifamily densities and dwelling types may also be appropriate in large-scale mixed use developments or as a residential re-use option in obsolete commercial centers.
(4)
Manufactured home parks are allowed as a M-R District use with restrictions, but are not considered appropriate options in proximity to single-family subdivision development or as re-use options for commercial properties.
(5)
A residential cluster option is allowed as a use allowed by Special Use Permit with restrictions in the M-R District, but must meet all development standards and criteria for a multi-family residential development.
f.[g.]
N-O-C Neighborhood Office Commercial.
(1)
The N-O-C Neighborhood Office Commercial District is established to accommodate modestly sized professional offices and retail services in close proximity to and in harmony with nearby residential properties.
(2)
The N-O-C District is designed for locations where existing residential is no longer the most appropriate use due to conflicts from nearby nonresidential uses and traffic. This district is also appropriate for small-scale retail/office in newly developed planned residential areas.
(3)
The N-O-C District recognizes the need to protect adjacent residential uses, thus the basic character of the N-O-C District encourages a compatible mixture of residential, office and specialty retail types of land uses. This district is identified as one in which the physical character and design of existing and proposed new structures play an important role in assuring compatibility with existing residential development. Review of building design, uses, buffers, landscaping, lighting and parking are recognized as essential for the establishment and maintenance of the character of this district. Uses that create issues with noise, traffic or odors are not permitted in this district.
(4)
Areas zoned N-O-C are not intended to be moderate-to-large retail or office centers.
(5)
Businesses that prepare and serve food are limited to custom service restaurants that do not create smoke, noise or undue congestion. No drive-in windows are permitted.
(6)
New buildings in the N-O-C District may not exceed 2,500 square feet. However, pre-existing residential structures that exceed this building maximum, may be considered for rezoning to N-O-C.
(7)
Uses are limited to services that generate no more than 150 vehicular trips per day.
(8)
The residential character and design of existing and proposed new structures are required to be maintained.
(9)
No front or side yard parking is permitted.
(10)
Review of building design, uses, buffers, lighting and parking is required. Such reviews shall be accomplished by a Special Review Panel consisting of the Director of Planning, Historic Preservation Director, and Chief Building Official or their designee(s) as required.
(11)
Reserved.
(12)
Signage shall be in accordance with Article 5—Sign Regulations, and should be designed to have minimal impact on neighboring residential properties.
(13)
Window displays or other displays of work are not permitted to be visible from the exterior of the building.
(14)
Landscaping similar to that of residential properties between the nonresidential and residential uses, or
(15)
New structures:
(a)
New structures shall utilize the shapes and proportions common to single-family residential architecture as guides to the architectural design, and alterations of or additions to existing structures.
(b)
The rhythm or pattern of placement of windows, doors, chimneys, gables, dormers, roof pitch, offsets in the walls, and other elements should also be considered by the Review Panel as in creating residential compatibility.
g.[h.]
O-I Office Institutional.
(1)
The O-I Office Institutional District is established to provide for both private and public administrative and professional offices and on sites greater than those permitted in the N-O-C District.
(2)
The O-I District is established to provide for institutional uses such as hospitals, clinics, churches, schools, cemeteries, etc., occurring in the more densely developed areas of Rome-Floyd County (the S-R and T-R zoning districts). This is due to the potential for conflicts between the institutional uses and densely developed residential neighborhoods.
(3)
Within this district the sale, wholesale, storage or processing of merchandise is not permitted, except as accessory uses to the primary O-I uses. Areas zoned to this classification are not intended to be commercial or industrial centers.
(4)
The district is intended primarily to be located along major streets, but it can also be located in an area dominated by institutions such as a college where a wide range of land uses are required.
(6)[5]
Beauty shops and barber shops in this district shall have no more than two chairs or operator stations. Hours of operation shall be limited to 8: 00 a.m. to 8:00 p.m., Monday through Saturday. Tanning salons, nail care, massage, and skin care services; boutiques; or other uses customarily associated with beauty shop and barber shops businesses shall not be permitted in this zoning district. (NOTE: this subsection 6 has been adopted by the County, not by the City. This subsection 6 does not apply in the City).
h.[i.]
C-C Community Commercial.
(1)
The C-C District is considered inappropriate for heavier commercial uses that border on being more "light industrial" in nature, and thus more appropriate for the H-C or L-I District.
(2)
It is the intent of the C-C District to promote a streetscape that encourages buildings to be moved forward adjacent to the front yard setback line and the edge of the required landscape improvements. This site design improves the benefits derived from the required landscaping and the overall image of the commercial corridor.
i.[j.]
C-B-C Central Business Commercial.
(1)
Within the C-B-C Central Business Commercial District the most intensive use of land is permitted in combination with a variety of commercial and residential uses. The district is intended to serve as the central headquarters for economic and administrative activity in the community. The district is designed to have uses that are centrally located and compact so that maximum convenience is afforded the users and occupants of the district.
(2)
It is the intent of the C-B-C District to be pedestrian friendly. Structured parking is encouraged over surface parking lots. There is no yard setbacks to encourage buildings to locate adjacent to the property line and utilize on-street or structured parking to the greatest extent possible.
(3)
In the C-B-C District residential use is encouraged above commercial operations in existing buildings, as well as within new, free-standing high-rise residential buildings. Commercial store fronts in existing buildings shall be maintained in both form and function and shall not be converted to residential use.
(4)
The CBC zoning district may also be used in the unincorporated areas where the availability of water, sewer, transportation routes and other services and utilities make high density, mixed use development possible.
j.[k.]
H-C Heavy Commercial.
(1)
The H-C Heavy Commercial District is established to provide for the sales and service of commercial uses that are not considered as compatible with traditional retail sales and services allowed in the C-C District.
(2)
Uses within the H-C District border on being more "light industrial" in nature. These are uses such as major car repair or service, auto painting and body shops, construction contractors, large truck, manufactured home, boat or heavy equipment sales, and retail home improvement stores with outside storage, etc.
k.[l.]
L-I Light Industrial.
(1)
The L-I Light Industrial District is intended to provide areas for light manufacturing uses that primarily involve finishing, or assembly of previously manufactured goods. The district is also intended to provide for the location of wholesaling or warehousing uses, as well as office uses.
(2)
The L-I District excludes manufacturing or industrial uses that emit noxious odors, dust, fumes, gas, noise or vibration outside of any building on the premises. It also excludes hazardous materials such as those involving bulk storage of gasoline or toxic chemicals.
(3)
This district is designed for industrial and warehousing uses that do not have a detrimental effect upon adjoining residential or commercial developments.
l.[m.]
H-I Heavy Industrial.
(1)
The H-I Heavy Industrial District is intended for the location of primarily heavy manufacturing uses with restrictions on noxious odors, dust, fumes, gas, noise or vibration.
(2)
Due to the potential for uses in the H-I District to handle materials that are potentially hazardous, emit smoke, dust or odors, or require large transport services, a five acre minimum lot size is required.
m.[n.]
P-D Planned Development.
(1)
The P-D Planned Development District is established for two purposes. First it provides a district for addressing specific site and building design issues and needs created by large scale residential, commercial, office, institutional or industrial uses. Secondly, it allows for more flexible placement, mixture, arrangement and orientation of residential, office, institutional, commercial and/or industrial uses. This provides for accompanying flexibility in the subdivision of land and the grouping of open space and accessory facilities.
(2)
Uses or developments that are subject to the requirements of the P-D Planned Development District are:
(a)
Buildings that exceed 70,000 square feet; this does not include industrial space if the persons employed (b) and the vehicular trips generated (c) per site are not exceeded.
(b)
Operations that would employ over 200 persons.
(c)
Developments that generate over 10,000 vehicle trips per day.
(d)
Residential development involving over 250 units or are in excess of 300 acres.
(e)
Mixed use developments: Developments that desire to provide a mix of residential, office, commercial and/or industrial uses.
(3)
Application requirements. Developments that are subject to the P-D Planned Development District are required to follow normal submission requirements, zoning and subdivision approvals and construction standards as outlined in other sections of the Code.
(4)
Site Requirements.
(a)
Single-Purpose Development.
1)
Defined. A single-purpose development is one that involves only one type of general land use category such as retail, industrial, institutional, or residential development. A single-purpose development may be one building or a multiple of buildings.
2)
As a requirement of zoning, a single-purpose development is required to submit the following information (in addition to that which is required in other sections of the Code).
a)
Overall compatibility of development with adjacent land uses.
b)
Traffic management plan and a street continuation plan (if applicable).
c)
Orientation of building(s) to the public rights-of-way.
d)
Parking lot configuration and orientation to the street.
e)
Nonresidential building(s) exterior treatment and signage plans.
f)
Proposed outside storage and treatment of buffers and landscaping.
g)
Hours of business operation and service vehicle routing plan.
h)
Any other information that is deemed useful in determining the proposed use's impact on surrounding properties and the community as a whole.
(b)
Mixed use developments.
1)
Defined. A mixed use development is a development that provides a mix of residential, office, commercial and/or industrial uses under a unified plan of development.
2)
Development standards.
a)
Overall standards. Lot densities, lot areas, widths and setbacks are to be established as conditions of zoning approval for each Planned Development.
b)
Residential densities. The maximum dwelling units permitted is six units per acre. In calculating permitted residential densities, land devoted to nonresidential uses and road rights-of-way may not be included. However, open space held in common may be included in the calculations of densities.
c)
Open space. Within the residential portions of the development, 20 percent of the land must be preserved in open space, half of which is usable open space for active or passive recreation use. Said open space shall be held in common by a legally constituted homeowners association with the financial capability to maintain the open space. For the purposes of calculation, open space does not include any public rights-of-way but does include lakes, walking trails, and active recreation areas.
d)
Compatibility. On-site land uses developed at the perimeter of the site shall be developed in a manner that is compatible with adjacent off site land uses.
e)
Enclosure of uses. All uses except off-street parking and loading shall be located and maintained entirely within completely enclosed structures.
3)
Protection of residential uses. Where a mixture of residential and nonresidential uses is proposed for a site, or where a nonresidential use is proposed on property adjoining a residential use, plans shall provide for protection of the residential use to ensure a suitable living environment.
a)
Increased separation between residential and nonresidential uses,
b)
Placement of parking areas to minimize noise and screen the view of vehicle movements,
c)
Use of vegetative screening,
d)
Location within the structure or on the lot of a use causing adverse impact so as to minimize the impact,
e)
Use of building alterations or special equipment or devices to minimize adverse impacts,
f)
Landscaping similar to that of residential properties between the nonresidential and residential uses, or
g)
Placement of signs to minimize impact on residential uses.
4)
Site plan requirements.
a)
Mixed use development site plans shall contain the same information requested for single purpose development.
b)
In addition to the requirements above, the following is required:
1.
Street rights-of-way,
2.
Proposed building sites,
3.
Uses proposed for buildings,
4.
General drainage improvements,
5.
Proposed reservations or dedications for streets and other public facilities, and
6.
A contour map of the site.
c)
Written report. A written report, including photographs or other relevant illustrations or information, may be submitted:
1.
To explain features that cannot be shown adequately on the site plan;
2.
To explain the means by which compatibility between a mixture of uses shall be ensured; or,
3.
To illustrate the existing architecture on which the proposed design is based.
o.
U-M-U Urban Mixed Use.
(1)
The UMU District is established to accommodate intensive development, including infill development, and to provide for relatively high density residential, commercial, and office/institutional uses in a pedestrian friendly, urban environment. The district may be appropriate in areas that are adjacent and peripheral to the CBC District.
(2)
The uses allowed in the UMU District are similar to the uses allowed in the CBC District and are shown in Table 3.2.
(3)
No building setbacks or landscaping requirements shall apply, and a buffer requirement of no less than 20 feet shall apply only where adjacent properties are zoned for residential uses. The height limitation for structures shall be 100 feet. No minimum lot size or lot width shall apply. Each lot shall abut a street that has been opened and accepted for public maintenance; that has been designated by the City or County as a private street; or whose construction has been guaranteed, as provided under Article 6.4.6 of this Code; for a distance of no less than 26 continuous feet.
(4)
In order to efficiently utilize limited land resources, structured parking shall be provided wherever it is feasible. Shared parking arrangements shall be encouraged.
(5)
Sidewalks and streetscapes shall be provided along all street frontages to promote attractive, safe, and convenient pedestrian access. Multi-purpose trails or other pedestrian walkways may also be appropriate to ensure connectivity.
(6)
Loading areas, material handling areas, and waste containers shall be located, screened or enclosed so that they are not visible from streets, sidewalks and other public areas. The design of such facilities shall be approved by the Building Official.
(7)
The UMU Zoning District may also be used in the unincorporated areas where the availability of water, sewer, transportation routes and other services and utilities make high density, mixed use development possible.
(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 02-4-15, § I, 4-1-02; Ord. No. 02-7-6, § I, 7-1-02; Ord. No. 02-9-2, § II, 9-3-02; Ord. No. 2004-6-4, § III, 6-7-04; Ord. No. 05-12-2, § I, 12-19-05; Ord. No. 06-1-2, § I, 1-24-06; Ord. No. 2007-2-10, § I, 2-19-07; Ord. No. 2007-2-11, §§ I—V, 2-19-07; Ord. No. 2015-02-03, § I, 2-23-15; Ord. No. 2016-12-03, § I, 12-19-16; Ord. No. 24-06-09, § I, 6-17-24)
a.
Principal and accessory uses that are permitted by right, permitted by right but with limitations, and uses permitted as special uses are shown on the following tables:
(1)
Table 3-1 shows all such uses for the residential and agricultural districts.
(2)
Table 3-2 lists all such uses for the districts that are primarily nonresidential in nature.
b.
In a P-D Planned Development District uses that are permitted are specified as part of the zoning approval for each development.
c.
The following permitted uses herein identified and listed are not intended to be exhaustive, but only representative of those uses permitted in each Zoning District. It shall be the responsibility of the Planning Director and Chief Building Official to concur in any additional uses not herein specifically identified as permitted uses. Any use not shown in the following Table of Permitted Uses that cannot be concurred upon shall be brought before the Planning Commission for final resolution, and shall require a Special Use Permit. Uses that are specifically prohibited are listed in Article 4.
List of Permitted Principal and Accessory Uses
Table 3-1. Residential and Agricultural Districts
Notes:
1
Special use permit also required in the City
2
Special use permit also required in the City, and a special use permit also required in the County within those portions of the County consisting of land development project in which two or more lots are created, along with the streets and utilities needed to support construction of buildings on the lots, except where such development is specifically designed for manufactured homes
3
Where served by sanitary sewer
4
Special use permit required in the City
(Ord. No. 02-4-16, § I, 4-1-02; Ord. No. 02-7-7, § I, 7-1-02; Ord. No. 02-9-2, § IA, 9-3-02; Ord. No. 03-7-12, § I, 7-21-03; Ord. No. 03-10-12, § I, 10-20-03; Ord. No. 04-3-7, §§ II—VII, 3-1-04; Ord. No. 04-6-4, §§ IV, V, 6-7-04; Ord. No. 05-2-10, § III, 2-21-05; Ord. No. 05-6-9, § I, 6-20-05; Ord. No. 2007-2-10, § II, 2-19-07; Ord. No. 2007-2-11, § VI, 2-19-07; Ord. No. 2008-4-4, § I, 4-7-08; Ord. No. 2011-3-3, § I, 3-21-11; Ord. No. 2012-3-5, § I, 3-19-12; Ord. No. 2013-1-4, § I, 1-28-13; Ord. No. 2013-3-3, § I, 3-25-13; Ord. No. 2014-7-3, § I, 7-28-14; Ord. No. 2015-12-05, § I, 12-28-15; Ord. No. 2016-12-03, § II, 12-19-16; Ord. No. 2016-12-04, § I, 12-19-16; Ord. No. 2021-6-4, §§ III, IV, 6-28-21)
List of Permitted Principal and Accessory Uses
Table 3-2. Nonresidential Districts
5
Notes:
5
See Article 4 - Restrictions regarding particular uses, for specific requirements that apply to uses permitted by right but with limitations.
6
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
7
As adaptive reuse existing building only
8
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
9
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
10
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
11
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
12
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
13
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
14
With the footnote: "Business operation only, with no repossessed vehicles received, parked, stored, displayed, or sold from any property within the NOC district.
15
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
16
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
17
As adaptive reuse of existing building only
18
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
19
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
20
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
(Ord. No. 02-4-11, § I, 4-1-02; Ord. No. 02-4-12, § I, 4-1-02; Ord. No. 02-4-14, § I, 4-1-02; Ord. No. 02-4-16, § II, 4-1-02; Ord. No. 02-6-2, §§ IV, V, 6-3-02; Ord. No. 02-9-2, §§ IA, IB, VII, 9-3-02; Ord. No. 02-11-2, § I, 11-18-02; Ord. No. 02-11-5, § I, 11-18-02; Ord. No. 03-7-12, §§ II—IV, 7-21-03; Ord. No. 03-10-4, § I, 10-6-03; Ord. No. 04-3-7, §§ II, VIII—X, 3-1-04; Ord. No. 04-4-9, § I, 4-19-04; Ord. No. 04-6-4, § IV, 6-7-04; Ord. No. 04-6-5, § I, 6-7-04; Ord. No. 05-2-10, §§ I, II, 2-21-05; Ord. No. 05-6-9, § II, 6-20-05; Ord. No. 05-12-2, § II(Exh. A), 12-19-05; Ord. No. 2008-4-4, § II, 4-7-08; Ord. No. 2008-9-4, § I, 9-2-08; Ord. No. 2011-6-9, § I, 6-20-11; Ord. No. 2012-2-4, § I, 2-6-12; Ord. No. 2012-3-5, § II, 3-19-12; Ord. No. 2012-5-7, § I, 5-21-12; Ord. No. 2012-10-3, § I, 10-22-12; Ord. No. 2013-3-3, § II, 3-25-13; Ord. No. 2014-6-5, § I, 6-30-14; Ord. No. 2014-7-2, § I, 7-28-14; Ord. No. 2014-7-3, § II, 7-28-14; Ord. No. 2014-12-5, § I, 12-22-14; Ord. No. 2015-02-03, § II, 2-23-15; Ord. No. 2015-04-05, § I, 4-27-15; Ord. No. 2015-06-01, § I, 6-8-15; Ord. No. 2015-07-03, § I, 7-27-15; Ord. No. 2015-12-05, § I, 12-28-15; Ord. No. 2016-12-04, § I, 12-19-16; Ord. No. 2017-2-5, § I, 2-27-17; Ord. No. 2017-9-4, § I, 9-25-17; Ord. No. 2019-5-4, § II, 5-20-19; Ord. No. 2020-5-7, § I, 5-18-20; Ord. No. 2021-6-4, §§ III, IV, 6-28-21; Ord. No. 2021-6-5, §§ I, II, 6-28-21; Ord. No. 24-06-09, § I, 6-17-24)
Table 3-3
Minimum Lot Size
* Unless specified elsewhere in this code.
** Development that is not permitted along major streets.
*** Specific standars are found in Article 4 of this code.
**** Minimum lot width may be reduced to 150 feet if shared access is provided with adjacent lot.
(Ord. No. 02-4-8, § I, 4-1-02; Ord. No. 02-4-16, § III, 4-1-02; Ord. No. 05-12-2, § II, 12-19-05; Ord. No. 2007-10-6, § 1, 10-1-07; Ord. No. 2011-6-6, § I, 6-6-11; Ord. No. 2014-12-4, § I, 12-22-14; Ord. No. 2016-12-03, § III, 12-19-16; Ord. No. 2021-6-4, § I, 6-28-21; Ord. No. 2022-2-2, § I, 2-14-22)
Table 3-4
Minimum Setback—Principal Buildings
* Residential lots shall not be platted to front directly on the right-of-way of a major arterial, unless adequate provisions for access have been established.
** Development that is not permitted along major streets.
*** If the adjacent property on both sides is developed with asimilar use, new construction or infill development shall provide a setback equal to the average setback on the adjacent properties.
**** Individual townhouse units may provide 0 feet side yard separation but end units must provide 20-foot side yards on the periphery of the lot.
***** No setback required where adjacent to rail line. For parcels zoned H-I, side and rear setbacks shall be the same as for the L-I district when adjacent to other H-I properties.
(Ord. No. 02-4-9, § I, 4-1-02; Ord. No. 02-4-16, § IV, 4-1-02; Ord. No. 04-6-4, § VI, 6-7-04; Ord. No. 05-12-2, § II, 12-19-05; Ord. No. 2016-12-03, § IV, 12-19-16; Ord. No. 2022-2-2, § II, 2-14-22)
Table 3-5
Maximum Structure Heights
(Ord. No. 05-12-2, § II(Exh. A), 12-19-05; Ord. No. 2007-10-7, § I, 10-1-07)
a.
Agricultural building such as but not limited to barns, silos, windmills, grain elevators, and other farm structures, but not including dwellings.
b.
Cooling towers, gas holder, or other industrial structures where required as part of the manufacturing process.
c.
Church spires, belfries, cupolas, domes, monuments, water towers, observation towers, wireless communication towers, commercial radio and television transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, and TV reception antennae.
(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 2014-6-6, § I, 6-30-14)
- ZONING DISTRICTS
This Article describes the specific uses to which land and structures may be put in the various zoning districts, and includes special requirements in order for certain uses or structures to be allowed. District regulations such as lot size, building setbacks, residential floor area and structure height are included.
(Ord. No. 01-7-2, § I, 7-16-01)
a.
The boundaries of the various zoning districts shall be shown on a set of parcel specific, tax maps collectively entitled "Zoning Districts Maps, Rome-Floyd County, Georgia" and adopted on the respective dates of adoption for this ordinance, and as subsequently amended thereafter from time to time in conformance with this Code.
b.
The "Zoning Districts Maps, Rome-Floyd County, Georgia" is adopted as the Official Zoning Map(s) and is hereby made a part of this Code, and all notations, references and other information shown on it shall be a part of this Code.
c.
The Official Zoning Map(s), as adopted by the governing body and subsequently amended from time to time by its action, shall be maintained by the Rome/Floyd County Planning Department.
The Official Zoning Map(s) shall be stored and maintained in an electronic database. So stored and maintained, the Official Zoning Map(s) shall be the final authority as to the current zoning status of all land, water, buildings and structures within the county.
On a quarterly basis, the Official Zoning Map(s) shall be printed. All printed maps shall be identified by the following words:
Zoning District Maps, Rome-Floyd County, Georgia: This is the Official Zoning Map(s) referred to in Article 3.2.1 of the Rome-Floyd County, Georgia, Unified Land Development Code, as of _______ (date).
a.
Changes Due to Map Amendment. No changes of any nature shall be made to the Official Zoning Map(s) except in conformity with amendments to the map approved by the Governing Body.
b.
Changes Due to Annexation. Where city limit boundaries change by virtue of annexation, the following provisions shall apply:
(1)
Land area incorporated through annexation shall retain its existing zoning classification until an application for rezoning is filed for rezoning with the Planning Director.
(2)
Any application for a building permit or development permit will be processed in the customary fashion as it would have been prior to annexation.
c.
Notification Upon Amendment. Following the approval of a zoning map amendment by the Governing Body, the Clerk shall transmit a copy of the amendment to the Planning Director. If the action was to rezone property, the Planning Director shall cause the Official Zoning Map to be amended to show the change.
a.
The boundaries of the districts as shown on the Official Zoning Map shall be determined on the basis of the legal descriptions associated with approved zoning petitions, or, lacking such legal descriptions, on the basis of the location of the boundary as depicted on the Official Zoning Map along with any dimensions shown.
b.
Where uncertainty exists with respect to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1)
Unless otherwise indicated, the district boundary lines are center lines of streets or railroads or such lines extended, property lines or such lines extended, a line lying in the center of a stream or drainage way, or the city limits of Rome.
(2)
Where a district boundary line parallels a street right-of-way or discernible topographic feature but no dimension is given, the distance shall be scaled from the Official Zoning Map.
(3)
Where a district boundary line divides a lot that is of single ownership at the time of the effective date of this Code [August 1, 2001], the zoning classification of the larger portion may be interpreted to extend into the smaller portion for a distance of no more than ten feet.
(4)
In the event the exact location of a boundary cannot be determined by the foregoing methods, the Zoning Board of Adjustment shall, upon application, determine the location of the boundary.
(5)
Where a public road, street, alley or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, alley or right-of-way.
(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 03-10-3, § I, 10-20-03)
a.
Zoning districts established:
b.
Permitted uses. Principal and accessory uses permitted by right or as special uses are shown in Section 3.4—List of Permitted Uses.
c.
Density, lot width, setback and height standards. Applicable density, lot width and setback standards are contained in Section 3.5—Lot Size, Density and Setbacks and Section 3.6—Structure Heights.
d.
Residential cluster overlays, neighborhood office commercial and planned developments.
e.
Application and Hearing Procedures. Procedures for filing for rezoning, subdivision or site approvals are contained in Article 2—Procedures.
f.
Restrictions Regarding Particular Uses. Applicable standards regarding specific uses, regardless of the zoning district where they are located are contained in Article 4—Restrictions Regarding Particular Uses.
g.
Sign Standards. Applicable regulations are contained in Article 5—Sign Regulations.
h.
Buffers, Landscaping, Tree Protection and Parking Standards. Applicable regulations are contained in Article 6—Subdivision and Project Standards.
i.
Construction Development Standards. Standards regarding site grading, flood hazard areas, erosion control, installation of streets, drainage, public utilities and building construction are contained in Article 6—Subdivision and Project Standards.
a.
A-R Agricultural Residential.
(1)
The A-R Agricultural Residential District is established to provide areas for agricultural and forestry uses and residential development.
(2)
Manufactured and mobile homes are permitted with limitations throughout the A-R District outside the City of Rome. A Special Use Permit is required within the City.
b.
S-R Suburban Residential.
(1)
The S-R Suburban Residential District is established for three levels of residential development (in addition to all forms of agricultural crop production and forestry):
(a)
In areas where public sanitary sewer and public water are not available, the S-R District is established to provide areas of primarily low density residential development of one unit per acre.
(b)
In areas where public water is available, but not public sanitary sewer, minimum 20,000 square foot lots are required.
(c)
In areas where sanitary sewer and public water are available, the S-R District is established to provide moderately dense, primarily single-family residential development with minimum 7,200 square foot lots.
(2)
Manufactured home subdivisions are deemed appropriate in the S-R Residential District within the city and county. Manufactured homes on single parcels outside an established manufactured home subdivision are permitted in this district except a special use permit is required:
(a)
Within the city; and
(b)
Within those portions of the county consisting of a land development project in which two or more lots are created, along with streets and utilities needed to support construction of buildings on the lots.
(3)
Attached single-family dwelling as defined in Article 8 may be considered appropriate as infill development if the design is compatible with the surrounding neighborhood in terms of scale, height, roof pitch, provision of parking, and orientation toward the street. Such development, if approved by Special Use Permit, must meet the standards listed in Article 4.1.28.
c.
HT-R High Density Traditional Residential.
(1)
The HT-R Traditional Residential District is established to provide opportunities for higher density single family residential averaging four to seven units per acre. The HT-R District development patterns and architectural styles are reflective of the residential neighborhoods established before the 1940's. Streets were developed along a grid pattern with neighborhoods conveniently located to local shopping areas. Although these are older areas of the community, it is envisioned that this zoning district is also appropriate for new single-family development built in this "neo-traditional" style.
(2)
Manufactured homes are not considered appropriate in the HT-R District.
(3)
Two Family Dwellings (Duplexes) may be deemed appropriate in the HT-R District under certain circumstances, however, a Special Use Permit is required.
(4)
Attached single-family dwelling as defined in Article 8 may be considered appropriate as infill development if the design is compatible with the surrounding neighborhood in terms of scale, height, roof pitch, provision of parking, and orientation toward the street. Such development, if approved by Special Use Permit, must meet the standards listed in Article 4.1.28.
d.
LT-R Low Density Traditional Residential.
(4)[1]
The LT-R Traditional Residential District is established to provide opportunities for lower density single-family residential averaging one to four units per acre. The LT-R District development patterns and architectural styles reflect the residential neighborhoods established before during the 1940's, 50's and early 60's. Streets were largely developed along a grid pattern with sidewalks and neighborhoods conveniently located to local shopping areas. Although these are older neighborhoods of the community, it is envisioned that this zoning district is also appropriate for new single-family development built in "neo-traditional" style in accordance with current new urbanism concepts.
(5)[2]
Manufactured housing units are not considered appropriate within the Low density, Traditional Residential District.
(3)
Two Family Dwellings (Duplexes) may be deemed appropriate in the LT-R District under certain circumstances; however, a Special Use Permit is required.
(4)
Attached single-family dwelling as defined in Article 8 may be considered appropriate as infill development if the design is compatible with the surrounding neighborhood in terms of scale, height, roof pitch, provision of parking, and orientation toward the street. Such development, if approved by Special Use Permit, must meet the standards listed in Article 4.1.28.
e.
D-R Low Duplex Residential.
(1)
The Duplex Residential District is established to provide a location for two attached residential units with a maximum density of six units per acre.
(2)
The Duplex Residential District includes only single family detached, single family attached, and two-family attached (duplex) residential units.
(3)
The Duplex District is intended to allow for an intermediate density of residential that blends easily with nearby single family residential units. Such units, if effectively sited, are deemed to be suitable buffers between single family residence (S-R or T-R) and higher density. Multifamily Residential (M-R), Office/Institutional (O-I), and/or Neighborhood Office Commercial (N-O-C) uses.
(4)
Attached single-family dwelling as defined in Article 8 may be considered appropriate as infill development if the design is compatible with the surrounding neighborhood in terms of scale, height, roof pitch, provision of parking, and orientation toward the street. Such development must meet the standards listed in Article 4.1.28.
f.
M-R Multifamily-Residential.
(1)
The M-R Multifamily Residential District is established to provide a location for attached units with densities from six to 14 units per acre. Multifamily development includes, triplexes, apartments of four units or more, townhomes, condominiums, and manufactured home parks. The M-R district is designed for areas served by publicly provided sanitary sewer.
(2)
The M-R District is intended to accommodate higher density attached residential development that blends easily with nearby single-family units. M-R District developments such as duplexes, triplexes, townhomes, and low density apartment complexes are considered appropriate in proximity to the S-R and T-R residential districts, if effectively sited, landscaped, buffered and adequate provisions for access and open space are made.
(3)
A wide range of multifamily densities and dwelling types may also be appropriate in large-scale mixed use developments or as a residential re-use option in obsolete commercial centers.
(4)
Manufactured home parks are allowed as a M-R District use with restrictions, but are not considered appropriate options in proximity to single-family subdivision development or as re-use options for commercial properties.
(5)
A residential cluster option is allowed as a use allowed by Special Use Permit with restrictions in the M-R District, but must meet all development standards and criteria for a multi-family residential development.
f.[g.]
N-O-C Neighborhood Office Commercial.
(1)
The N-O-C Neighborhood Office Commercial District is established to accommodate modestly sized professional offices and retail services in close proximity to and in harmony with nearby residential properties.
(2)
The N-O-C District is designed for locations where existing residential is no longer the most appropriate use due to conflicts from nearby nonresidential uses and traffic. This district is also appropriate for small-scale retail/office in newly developed planned residential areas.
(3)
The N-O-C District recognizes the need to protect adjacent residential uses, thus the basic character of the N-O-C District encourages a compatible mixture of residential, office and specialty retail types of land uses. This district is identified as one in which the physical character and design of existing and proposed new structures play an important role in assuring compatibility with existing residential development. Review of building design, uses, buffers, landscaping, lighting and parking are recognized as essential for the establishment and maintenance of the character of this district. Uses that create issues with noise, traffic or odors are not permitted in this district.
(4)
Areas zoned N-O-C are not intended to be moderate-to-large retail or office centers.
(5)
Businesses that prepare and serve food are limited to custom service restaurants that do not create smoke, noise or undue congestion. No drive-in windows are permitted.
(6)
New buildings in the N-O-C District may not exceed 2,500 square feet. However, pre-existing residential structures that exceed this building maximum, may be considered for rezoning to N-O-C.
(7)
Uses are limited to services that generate no more than 150 vehicular trips per day.
(8)
The residential character and design of existing and proposed new structures are required to be maintained.
(9)
No front or side yard parking is permitted.
(10)
Review of building design, uses, buffers, lighting and parking is required. Such reviews shall be accomplished by a Special Review Panel consisting of the Director of Planning, Historic Preservation Director, and Chief Building Official or their designee(s) as required.
(11)
Reserved.
(12)
Signage shall be in accordance with Article 5—Sign Regulations, and should be designed to have minimal impact on neighboring residential properties.
(13)
Window displays or other displays of work are not permitted to be visible from the exterior of the building.
(14)
Landscaping similar to that of residential properties between the nonresidential and residential uses, or
(15)
New structures:
(a)
New structures shall utilize the shapes and proportions common to single-family residential architecture as guides to the architectural design, and alterations of or additions to existing structures.
(b)
The rhythm or pattern of placement of windows, doors, chimneys, gables, dormers, roof pitch, offsets in the walls, and other elements should also be considered by the Review Panel as in creating residential compatibility.
g.[h.]
O-I Office Institutional.
(1)
The O-I Office Institutional District is established to provide for both private and public administrative and professional offices and on sites greater than those permitted in the N-O-C District.
(2)
The O-I District is established to provide for institutional uses such as hospitals, clinics, churches, schools, cemeteries, etc., occurring in the more densely developed areas of Rome-Floyd County (the S-R and T-R zoning districts). This is due to the potential for conflicts between the institutional uses and densely developed residential neighborhoods.
(3)
Within this district the sale, wholesale, storage or processing of merchandise is not permitted, except as accessory uses to the primary O-I uses. Areas zoned to this classification are not intended to be commercial or industrial centers.
(4)
The district is intended primarily to be located along major streets, but it can also be located in an area dominated by institutions such as a college where a wide range of land uses are required.
(6)[5]
Beauty shops and barber shops in this district shall have no more than two chairs or operator stations. Hours of operation shall be limited to 8: 00 a.m. to 8:00 p.m., Monday through Saturday. Tanning salons, nail care, massage, and skin care services; boutiques; or other uses customarily associated with beauty shop and barber shops businesses shall not be permitted in this zoning district. (NOTE: this subsection 6 has been adopted by the County, not by the City. This subsection 6 does not apply in the City).
h.[i.]
C-C Community Commercial.
(1)
The C-C District is considered inappropriate for heavier commercial uses that border on being more "light industrial" in nature, and thus more appropriate for the H-C or L-I District.
(2)
It is the intent of the C-C District to promote a streetscape that encourages buildings to be moved forward adjacent to the front yard setback line and the edge of the required landscape improvements. This site design improves the benefits derived from the required landscaping and the overall image of the commercial corridor.
i.[j.]
C-B-C Central Business Commercial.
(1)
Within the C-B-C Central Business Commercial District the most intensive use of land is permitted in combination with a variety of commercial and residential uses. The district is intended to serve as the central headquarters for economic and administrative activity in the community. The district is designed to have uses that are centrally located and compact so that maximum convenience is afforded the users and occupants of the district.
(2)
It is the intent of the C-B-C District to be pedestrian friendly. Structured parking is encouraged over surface parking lots. There is no yard setbacks to encourage buildings to locate adjacent to the property line and utilize on-street or structured parking to the greatest extent possible.
(3)
In the C-B-C District residential use is encouraged above commercial operations in existing buildings, as well as within new, free-standing high-rise residential buildings. Commercial store fronts in existing buildings shall be maintained in both form and function and shall not be converted to residential use.
(4)
The CBC zoning district may also be used in the unincorporated areas where the availability of water, sewer, transportation routes and other services and utilities make high density, mixed use development possible.
j.[k.]
H-C Heavy Commercial.
(1)
The H-C Heavy Commercial District is established to provide for the sales and service of commercial uses that are not considered as compatible with traditional retail sales and services allowed in the C-C District.
(2)
Uses within the H-C District border on being more "light industrial" in nature. These are uses such as major car repair or service, auto painting and body shops, construction contractors, large truck, manufactured home, boat or heavy equipment sales, and retail home improvement stores with outside storage, etc.
k.[l.]
L-I Light Industrial.
(1)
The L-I Light Industrial District is intended to provide areas for light manufacturing uses that primarily involve finishing, or assembly of previously manufactured goods. The district is also intended to provide for the location of wholesaling or warehousing uses, as well as office uses.
(2)
The L-I District excludes manufacturing or industrial uses that emit noxious odors, dust, fumes, gas, noise or vibration outside of any building on the premises. It also excludes hazardous materials such as those involving bulk storage of gasoline or toxic chemicals.
(3)
This district is designed for industrial and warehousing uses that do not have a detrimental effect upon adjoining residential or commercial developments.
l.[m.]
H-I Heavy Industrial.
(1)
The H-I Heavy Industrial District is intended for the location of primarily heavy manufacturing uses with restrictions on noxious odors, dust, fumes, gas, noise or vibration.
(2)
Due to the potential for uses in the H-I District to handle materials that are potentially hazardous, emit smoke, dust or odors, or require large transport services, a five acre minimum lot size is required.
m.[n.]
P-D Planned Development.
(1)
The P-D Planned Development District is established for two purposes. First it provides a district for addressing specific site and building design issues and needs created by large scale residential, commercial, office, institutional or industrial uses. Secondly, it allows for more flexible placement, mixture, arrangement and orientation of residential, office, institutional, commercial and/or industrial uses. This provides for accompanying flexibility in the subdivision of land and the grouping of open space and accessory facilities.
(2)
Uses or developments that are subject to the requirements of the P-D Planned Development District are:
(a)
Buildings that exceed 70,000 square feet; this does not include industrial space if the persons employed (b) and the vehicular trips generated (c) per site are not exceeded.
(b)
Operations that would employ over 200 persons.
(c)
Developments that generate over 10,000 vehicle trips per day.
(d)
Residential development involving over 250 units or are in excess of 300 acres.
(e)
Mixed use developments: Developments that desire to provide a mix of residential, office, commercial and/or industrial uses.
(3)
Application requirements. Developments that are subject to the P-D Planned Development District are required to follow normal submission requirements, zoning and subdivision approvals and construction standards as outlined in other sections of the Code.
(4)
Site Requirements.
(a)
Single-Purpose Development.
1)
Defined. A single-purpose development is one that involves only one type of general land use category such as retail, industrial, institutional, or residential development. A single-purpose development may be one building or a multiple of buildings.
2)
As a requirement of zoning, a single-purpose development is required to submit the following information (in addition to that which is required in other sections of the Code).
a)
Overall compatibility of development with adjacent land uses.
b)
Traffic management plan and a street continuation plan (if applicable).
c)
Orientation of building(s) to the public rights-of-way.
d)
Parking lot configuration and orientation to the street.
e)
Nonresidential building(s) exterior treatment and signage plans.
f)
Proposed outside storage and treatment of buffers and landscaping.
g)
Hours of business operation and service vehicle routing plan.
h)
Any other information that is deemed useful in determining the proposed use's impact on surrounding properties and the community as a whole.
(b)
Mixed use developments.
1)
Defined. A mixed use development is a development that provides a mix of residential, office, commercial and/or industrial uses under a unified plan of development.
2)
Development standards.
a)
Overall standards. Lot densities, lot areas, widths and setbacks are to be established as conditions of zoning approval for each Planned Development.
b)
Residential densities. The maximum dwelling units permitted is six units per acre. In calculating permitted residential densities, land devoted to nonresidential uses and road rights-of-way may not be included. However, open space held in common may be included in the calculations of densities.
c)
Open space. Within the residential portions of the development, 20 percent of the land must be preserved in open space, half of which is usable open space for active or passive recreation use. Said open space shall be held in common by a legally constituted homeowners association with the financial capability to maintain the open space. For the purposes of calculation, open space does not include any public rights-of-way but does include lakes, walking trails, and active recreation areas.
d)
Compatibility. On-site land uses developed at the perimeter of the site shall be developed in a manner that is compatible with adjacent off site land uses.
e)
Enclosure of uses. All uses except off-street parking and loading shall be located and maintained entirely within completely enclosed structures.
3)
Protection of residential uses. Where a mixture of residential and nonresidential uses is proposed for a site, or where a nonresidential use is proposed on property adjoining a residential use, plans shall provide for protection of the residential use to ensure a suitable living environment.
a)
Increased separation between residential and nonresidential uses,
b)
Placement of parking areas to minimize noise and screen the view of vehicle movements,
c)
Use of vegetative screening,
d)
Location within the structure or on the lot of a use causing adverse impact so as to minimize the impact,
e)
Use of building alterations or special equipment or devices to minimize adverse impacts,
f)
Landscaping similar to that of residential properties between the nonresidential and residential uses, or
g)
Placement of signs to minimize impact on residential uses.
4)
Site plan requirements.
a)
Mixed use development site plans shall contain the same information requested for single purpose development.
b)
In addition to the requirements above, the following is required:
1.
Street rights-of-way,
2.
Proposed building sites,
3.
Uses proposed for buildings,
4.
General drainage improvements,
5.
Proposed reservations or dedications for streets and other public facilities, and
6.
A contour map of the site.
c)
Written report. A written report, including photographs or other relevant illustrations or information, may be submitted:
1.
To explain features that cannot be shown adequately on the site plan;
2.
To explain the means by which compatibility between a mixture of uses shall be ensured; or,
3.
To illustrate the existing architecture on which the proposed design is based.
o.
U-M-U Urban Mixed Use.
(1)
The UMU District is established to accommodate intensive development, including infill development, and to provide for relatively high density residential, commercial, and office/institutional uses in a pedestrian friendly, urban environment. The district may be appropriate in areas that are adjacent and peripheral to the CBC District.
(2)
The uses allowed in the UMU District are similar to the uses allowed in the CBC District and are shown in Table 3.2.
(3)
No building setbacks or landscaping requirements shall apply, and a buffer requirement of no less than 20 feet shall apply only where adjacent properties are zoned for residential uses. The height limitation for structures shall be 100 feet. No minimum lot size or lot width shall apply. Each lot shall abut a street that has been opened and accepted for public maintenance; that has been designated by the City or County as a private street; or whose construction has been guaranteed, as provided under Article 6.4.6 of this Code; for a distance of no less than 26 continuous feet.
(4)
In order to efficiently utilize limited land resources, structured parking shall be provided wherever it is feasible. Shared parking arrangements shall be encouraged.
(5)
Sidewalks and streetscapes shall be provided along all street frontages to promote attractive, safe, and convenient pedestrian access. Multi-purpose trails or other pedestrian walkways may also be appropriate to ensure connectivity.
(6)
Loading areas, material handling areas, and waste containers shall be located, screened or enclosed so that they are not visible from streets, sidewalks and other public areas. The design of such facilities shall be approved by the Building Official.
(7)
The UMU Zoning District may also be used in the unincorporated areas where the availability of water, sewer, transportation routes and other services and utilities make high density, mixed use development possible.
(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 02-4-15, § I, 4-1-02; Ord. No. 02-7-6, § I, 7-1-02; Ord. No. 02-9-2, § II, 9-3-02; Ord. No. 2004-6-4, § III, 6-7-04; Ord. No. 05-12-2, § I, 12-19-05; Ord. No. 06-1-2, § I, 1-24-06; Ord. No. 2007-2-10, § I, 2-19-07; Ord. No. 2007-2-11, §§ I—V, 2-19-07; Ord. No. 2015-02-03, § I, 2-23-15; Ord. No. 2016-12-03, § I, 12-19-16; Ord. No. 24-06-09, § I, 6-17-24)
a.
Principal and accessory uses that are permitted by right, permitted by right but with limitations, and uses permitted as special uses are shown on the following tables:
(1)
Table 3-1 shows all such uses for the residential and agricultural districts.
(2)
Table 3-2 lists all such uses for the districts that are primarily nonresidential in nature.
b.
In a P-D Planned Development District uses that are permitted are specified as part of the zoning approval for each development.
c.
The following permitted uses herein identified and listed are not intended to be exhaustive, but only representative of those uses permitted in each Zoning District. It shall be the responsibility of the Planning Director and Chief Building Official to concur in any additional uses not herein specifically identified as permitted uses. Any use not shown in the following Table of Permitted Uses that cannot be concurred upon shall be brought before the Planning Commission for final resolution, and shall require a Special Use Permit. Uses that are specifically prohibited are listed in Article 4.
List of Permitted Principal and Accessory Uses
Table 3-1. Residential and Agricultural Districts
Notes:
1
Special use permit also required in the City
2
Special use permit also required in the City, and a special use permit also required in the County within those portions of the County consisting of land development project in which two or more lots are created, along with the streets and utilities needed to support construction of buildings on the lots, except where such development is specifically designed for manufactured homes
3
Where served by sanitary sewer
4
Special use permit required in the City
(Ord. No. 02-4-16, § I, 4-1-02; Ord. No. 02-7-7, § I, 7-1-02; Ord. No. 02-9-2, § IA, 9-3-02; Ord. No. 03-7-12, § I, 7-21-03; Ord. No. 03-10-12, § I, 10-20-03; Ord. No. 04-3-7, §§ II—VII, 3-1-04; Ord. No. 04-6-4, §§ IV, V, 6-7-04; Ord. No. 05-2-10, § III, 2-21-05; Ord. No. 05-6-9, § I, 6-20-05; Ord. No. 2007-2-10, § II, 2-19-07; Ord. No. 2007-2-11, § VI, 2-19-07; Ord. No. 2008-4-4, § I, 4-7-08; Ord. No. 2011-3-3, § I, 3-21-11; Ord. No. 2012-3-5, § I, 3-19-12; Ord. No. 2013-1-4, § I, 1-28-13; Ord. No. 2013-3-3, § I, 3-25-13; Ord. No. 2014-7-3, § I, 7-28-14; Ord. No. 2015-12-05, § I, 12-28-15; Ord. No. 2016-12-03, § II, 12-19-16; Ord. No. 2016-12-04, § I, 12-19-16; Ord. No. 2021-6-4, §§ III, IV, 6-28-21)
List of Permitted Principal and Accessory Uses
Table 3-2. Nonresidential Districts
5
Notes:
5
See Article 4 - Restrictions regarding particular uses, for specific requirements that apply to uses permitted by right but with limitations.
6
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
7
As adaptive reuse existing building only
8
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
9
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
10
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
11
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
12
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
13
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
14
With the footnote: "Business operation only, with no repossessed vehicles received, parked, stored, displayed, or sold from any property within the NOC district.
15
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
16
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
17
As adaptive reuse of existing building only
18
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
19
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
20
See Article 3-Section 3.8, regarding Neighborhood Office Commercial development standards.
(Ord. No. 02-4-11, § I, 4-1-02; Ord. No. 02-4-12, § I, 4-1-02; Ord. No. 02-4-14, § I, 4-1-02; Ord. No. 02-4-16, § II, 4-1-02; Ord. No. 02-6-2, §§ IV, V, 6-3-02; Ord. No. 02-9-2, §§ IA, IB, VII, 9-3-02; Ord. No. 02-11-2, § I, 11-18-02; Ord. No. 02-11-5, § I, 11-18-02; Ord. No. 03-7-12, §§ II—IV, 7-21-03; Ord. No. 03-10-4, § I, 10-6-03; Ord. No. 04-3-7, §§ II, VIII—X, 3-1-04; Ord. No. 04-4-9, § I, 4-19-04; Ord. No. 04-6-4, § IV, 6-7-04; Ord. No. 04-6-5, § I, 6-7-04; Ord. No. 05-2-10, §§ I, II, 2-21-05; Ord. No. 05-6-9, § II, 6-20-05; Ord. No. 05-12-2, § II(Exh. A), 12-19-05; Ord. No. 2008-4-4, § II, 4-7-08; Ord. No. 2008-9-4, § I, 9-2-08; Ord. No. 2011-6-9, § I, 6-20-11; Ord. No. 2012-2-4, § I, 2-6-12; Ord. No. 2012-3-5, § II, 3-19-12; Ord. No. 2012-5-7, § I, 5-21-12; Ord. No. 2012-10-3, § I, 10-22-12; Ord. No. 2013-3-3, § II, 3-25-13; Ord. No. 2014-6-5, § I, 6-30-14; Ord. No. 2014-7-2, § I, 7-28-14; Ord. No. 2014-7-3, § II, 7-28-14; Ord. No. 2014-12-5, § I, 12-22-14; Ord. No. 2015-02-03, § II, 2-23-15; Ord. No. 2015-04-05, § I, 4-27-15; Ord. No. 2015-06-01, § I, 6-8-15; Ord. No. 2015-07-03, § I, 7-27-15; Ord. No. 2015-12-05, § I, 12-28-15; Ord. No. 2016-12-04, § I, 12-19-16; Ord. No. 2017-2-5, § I, 2-27-17; Ord. No. 2017-9-4, § I, 9-25-17; Ord. No. 2019-5-4, § II, 5-20-19; Ord. No. 2020-5-7, § I, 5-18-20; Ord. No. 2021-6-4, §§ III, IV, 6-28-21; Ord. No. 2021-6-5, §§ I, II, 6-28-21; Ord. No. 24-06-09, § I, 6-17-24)
Table 3-3
Minimum Lot Size
* Unless specified elsewhere in this code.
** Development that is not permitted along major streets.
*** Specific standars are found in Article 4 of this code.
**** Minimum lot width may be reduced to 150 feet if shared access is provided with adjacent lot.
(Ord. No. 02-4-8, § I, 4-1-02; Ord. No. 02-4-16, § III, 4-1-02; Ord. No. 05-12-2, § II, 12-19-05; Ord. No. 2007-10-6, § 1, 10-1-07; Ord. No. 2011-6-6, § I, 6-6-11; Ord. No. 2014-12-4, § I, 12-22-14; Ord. No. 2016-12-03, § III, 12-19-16; Ord. No. 2021-6-4, § I, 6-28-21; Ord. No. 2022-2-2, § I, 2-14-22)
Table 3-4
Minimum Setback—Principal Buildings
* Residential lots shall not be platted to front directly on the right-of-way of a major arterial, unless adequate provisions for access have been established.
** Development that is not permitted along major streets.
*** If the adjacent property on both sides is developed with asimilar use, new construction or infill development shall provide a setback equal to the average setback on the adjacent properties.
**** Individual townhouse units may provide 0 feet side yard separation but end units must provide 20-foot side yards on the periphery of the lot.
***** No setback required where adjacent to rail line. For parcels zoned H-I, side and rear setbacks shall be the same as for the L-I district when adjacent to other H-I properties.
(Ord. No. 02-4-9, § I, 4-1-02; Ord. No. 02-4-16, § IV, 4-1-02; Ord. No. 04-6-4, § VI, 6-7-04; Ord. No. 05-12-2, § II, 12-19-05; Ord. No. 2016-12-03, § IV, 12-19-16; Ord. No. 2022-2-2, § II, 2-14-22)
Table 3-5
Maximum Structure Heights
(Ord. No. 05-12-2, § II(Exh. A), 12-19-05; Ord. No. 2007-10-7, § I, 10-1-07)
a.
Agricultural building such as but not limited to barns, silos, windmills, grain elevators, and other farm structures, but not including dwellings.
b.
Cooling towers, gas holder, or other industrial structures where required as part of the manufacturing process.
c.
Church spires, belfries, cupolas, domes, monuments, water towers, observation towers, wireless communication towers, commercial radio and television transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, and TV reception antennae.
(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 2014-6-6, § I, 6-30-14)