This Article establishes overlay zoning districts to guide development in specific areas within the City of Rome and unincorporated Floyd County. The purpose of overlay zoning districts is to allow the Governing Body to establish special land use regulations, standards, or procedures in areas with unique land use, site planning, building design, or environmental resource issues. Overlay zoning districts are also an appropriate mechanism to implement long-term goals and land use requirements of the City and County for a specific property, location, or to coordinate land use and design requirements unique to a large tract of land. Overlay zoning districts are intended to be applied only where special circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives.

Overlay zoning districts are established through "zoning change" procedures as established in Article 2 of this Code and in conjunction with base zoning districts. Except as modified by the overlay zoning district, the provisions of the applicable base-zoning district shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail.

Whenever an overlay district is established, any subsequent application to change the base-zoning district shall not be construed to be an application to eliminate the overlay district for the property covered by the application. An intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.

The six redevelopment areas are established to insure that new development is attractive, pedestrian oriented, and compatible with the existing neighborhoods; while promoting the preservation of heritage resources and sense of place.

a.

Hillsboro Neighborhood Area (HNA).

(1)

The HNA Area is bounded by the Coosa River on the north and west, South Broad Street and East Main Street to the east, and City of Rome municipal property to the south.

(2)

The HNA Area is a traditional residential neighborhood built along a grid pattern. Residential architectural styles reflect the residential neighborhoods established prior to and during the 1940s with steeply pitched roofs and modest, but varied, architectural detailing. Single-family residences predominate, with scattered duplexes and some multi-family residential. Commercial development includes retail and service businesses, located mostly along the South Broad Street corridor. One legal non-conforming industry (zoned L-TR) occupies two lots adjacent the Coosa River, south of the residential area.

(3)

Large tracts of institutional property are located within the HNA Area; including the Coosa Country Club, Myrtle Hill Cemetery, Shadyside Cemetery, Parks Hoke Park, and Anna K. Davie Elementary School.

b.

Etowah Heights Area (EHA).

(1)

The EHA Area is bounded by the South Broad Street corridor on the west, the Northern Commercial — Mixed Use Area to the north, the Etowah River and Silver Creek to the east, and East Main Street/East 12th Street to the south.

(2)

The EHA, which includes the Mount Aventine neighborhood, is one of the oldest established residential areas in Rome. Due to the area's unique topography, this single-family residential neighborhood was developed along a curvilinear design. Residential architectural styles reflect the residential neighborhoods established prior to and during the 1940s with steeply pitched roofs and varied architectural detailing. Several excellent examples of Victorian, Queen Anne, and Craftsman architecture are located in this area. Commercial uses are limited in this area, and are located mainly in the South Broad Street corridor. The Jewish cemetery is the only institutional use. The land on the eastern side is largely within the floodplain and is undeveloped.

(3)

The Etowah Heights area includes a strip of residential property along both sides of Etowah Terrace. This neighborhood of historic, but generally run down houses, is further identified as the Etowah Terrace Arts Village (ETAV). Its location between the Mt. Aventine residential neighborhood and the Northern Commercial/Mixed Use Area; and between the river and Broad Street makes it an ideal area for redevelopment as a mixed use/residential neighborhood.

c.

Blacks Bluff Neighborhood Area (BBNA).

(1)

The BBNA Area comprises the southern extremes of the South Rome Overlay District including the Blacks Bluff Road Corridor, Cave Spring Street Corridor, and the Anchor Duck mill houses.

(2)

This area is comprised mainly of mixed density, strip residential development and large tracks of institutional uses including City of Rome municipal property (zoned HI to accommodate a waste water treatment plant) and the Darlington School. No distinct architectural pattern is evident in this area with the exception of the Anchor Duck mill houses along Cave Spring Street and South McLin Street; and the Darlington School campus. Industrial and commercial development is interspersed with residential development along the street corridors.

d.

Northern Commercial Mixed-use Area (NCMA).

(1)

The NCA is bounded on the north and west by South Broad Street, on the east by the Etowah River, and on the south by the Mt. Aventine Neighborhood Area.

(2)

The NCA Area includes a strip of mostly vacant commercial buildings along South Broad Street, and vacant lots. The buildings located in the commercial strip along South Broad Street are architecturally and geographically related to the downtown commercial district across the Charles Graves Bridge.

e.

Central Commercial Mixed-use Area (CCMA).

(1)

The CCMA Area is centered on South Broad Street and the intersection of Black Bluff Road and East Main Street. The area is bounded by the Hillsboro, Etowah Heights, and Black Bluff Neighborhood Areas. The area currently includes a church, a contractor office and storage yard, and single-family residences.

f.

Southern Commercial Mixed-use Area (SCMA).

(1)

The SCMA is bounded on the north by Etowah Terrace Area, on the east by the exiting rail line, on the west by Silver Creek, and on the south by the Black Bluff Neighborhood Areas.

(2)

The area is developed with several large unused industrial buildings. Some of these are empty, and some are used for a variety of commercial uses. The Silver Creek trail ends near this complex. The Floyd County Health Department building is located in the SCMA.

TABLE 9-1
APPROPRIATE ZONING DISTRICTS IN DESIGNATED AREAS

a.

The provisions regarding design standards of the applicable underlying zoning district shall apply to all development within the boundary of the Overlay District; however, if regulations conflict, the applicable Overlay District regulations shall prevail.

b.

The following general standards shall apply to all redevelopment areas within the Overlay District:

(1)

Requests for rezoning of property within the South Rome Overlay District shall be accompanied by a site plan showing the development proposed for the site. The site plan shall meet the requirements of Article 2.2.2, and include elevations for all primary structures.

(2)

In addition to site plans and building plans that meet the requirements of Article 2.8.2, building permit applications shall include elevations for all primary structures. Permits for renovation, repair, or remodeling where the cost of the work does not exceed 50 percent of the structural value, as determined by the Chief Building Official, shall be exempt from this requirement.

The determination by the Chief Building Official as to whether or not the total cost of renovations is at least 50 percent of the structural value may be appealed to the Board of Appeals and Adjustments.

For commercial, industrial, and multi-family residential developments a Uniform Sign Plan that meets the requirements of Article 5.4.3 shall also be submitted.

(3)

Infill on vacant lots shall be compatible in use, scale, height, exterior material, roof pitch, landscaping, orientation, setbacks, and design with existing development of a similar use on surrounding lots within 100 feet or on the same or opposite block.

(4)

Existing structures within the Overlay District should be preserved and adaptively reused. Demolition shall be undertaken only in response to health and safety issues as determined by the Building Official, or if specific redevelopment projects have special merit in terms of providing benefit to the community.

(5)

Sidewalks shall be placed along all street frontages when development occurs. Sidewalks that meet the requirements of this code; the standards for streetscaping, as defined in the South Rome Redevelopment Master Plan; and the designs, patterns, and materials used on adjacent and opposite properties are required on all streets adjacent to new non-residential and multi-family residential construction or renovation of non-residential and multi-family residential property in which the total cost of renovations are at least 50 percent of the total property value.

(6)

Unless otherwise specified, streets and sidewalks shall be constructed in conformance with the standards listed in Article 6.6 and 6.7.

(7)

Parking requirements shall be those associated with the underlying zoning district and use. However, requests for Special Exceptions to reduce the parking requirements for commercial and mixed use developments shall be considered favorably if adequate and feasible alternatives are proposed, such as available on-street or public parking, centralized shared parking, pedestrian/bike accessibility, and/or location on transit routes. The number of off-street parking spaces shall not exceed the minimum requirement by more than five percent unless the spaces will be shared. Shared parking arrangements shall be approved by the Building Official.

All parking for Multi-family and non-residential development shall meet the standards for required parking found in Article 6 of this Code, including but not limited to surfacing, landscaping, and dimensions. These regulations shall apply to new parking areas, redeveloped parking areas, and to any enlargement of parking areas by ten percent or more. The enlargement of any existing parking area by ten percent or more shall require that existing and new parking areas conform to the standards for required parking found in Article 6. Multi-level parking structures are exempt from the interior planting requirements.

(8)

New construction, demolition, and renovation (in which the total cost of renovations are at least 50 percent of the structural value, as determined by the Chief Building Official) require review and approval by a panel consisting of the South Rome Redevelopment Agency Director or their designee, plus at least three of the following staff members; Director of Planning, Historic Preservation Planner, Director of Community Development, or the Chief Building Official; or their designee as required.

The determination by the Chief Building Official as to whether or not the total cost of renovations is at least 50 percent of the structural value may be appealed to the Board of Appeals and Adjustments.

The Chief Building Official shall notify the panel when a complete application for a permit has been submitted. The applicant may, at their request or at the request of the Chief Building Official, meet with the panel to discuss the project.

Failure of the panel to approve or deny an application within 14 days of submittal of a completed application shall constitute approval.

c.

Variations in development standards (from the standards listed in this Code for each zoning district) are shown in Table 9-2.

TABLE 9-2
VARIATIONS IN DEVELOPMENT STANDARDS

d.

Variations in sign regulations (from the standards listed in this code for each zoning district) are shown in Table 9-3.

TABLE 9-3
PERMITTED SIGNS-BY ZONING DISTRICT OR SPECIAL USE

Principal Freestanding Sign — One Use or Two or More Uses on Property

NOTE: Height of sign means, in the case of freestanding signs, the distance in vertical feet measured from the level of an adjacent street centerline to the highest point of the sign structure. The sign measured at its base shall not extend over 40 ft. in height above the centerline of any adjacent road.

Building Sign: Wall Signs and Awning, Canopy, Projecting, Incidental, Roof and Window Signs, etc.

Note: Street frontage is defined in this Code as being a street "from which access may be directly gained."

a.

The uses permitted by right and by special use permit, with or without limitations, of the applicable underlying zoning district shall apply to all development within the boundary of the Overlay District; however, if regulations conflict, the applicable Overlay District regulations shall prevail.

b.

Variations in use from those permitted in each underlying zoning district are shown in Table 9-4.

TABLE 9-4
PERMITTED USES IN DESIGNATED AREAS

(Ord. No. 06-2-4, § I, 2-20-06; Ord. No. 2007-8-5, §§ I, II, 8-6-07)

9.4. River Corridor District.

9.4.1.Purpose. The rivers of Rome are an important but limited resource that should be utilized and protected for the benefit of the community. The intent of this district is to establish such additional standards and uses to the underlying zoning districts that will promote appropriate and sustainable development within the River Corridor; preserve the scenic, natural, cultural, and recreational resources within the corridor; and protect the health and ecological diversity of the Etowah, Oostanaula, and Coosa Rivers.

9.4.2.River corridor overlay district map. Boundaries of the River Corridor Overlay District (RC) shall be amended to and shown on the Zoning Districts Maps, Rome-Floyd County, Georgia on the respective dates of adoption for this ordinance, and as subsequently amended thereafter from time to time in conformance with this Code. The River Corridor Overlay District Map 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.

9.4.3.River corridor overlay district defined. The River Corridor Overlay District (RC) shall include that property designated by the City of Rome as shown on the Zoning Districts Maps, Rome-Floyd County, Georgia. This area shall include all property within 200 feet of the Etowah, Oostanaula, and Coosa Rivers.

9.4.4.Applicability. No structure or land within the River Corridor Overlay District (RC) shall hereafter be developed, extended, converted or structurally altered except in full compliance with the provisions of this ordinance section regardless of previous development status. Legal non-conforming uses and structures shall be treated as specified in Article 1 of this Code. Agricultural operations shall be exempt from this overlay zone.

9.4.5.Review of development plans by special review panel. Review of new construction, demolition, renovation, and land disturbance is required. A Special Review Panel consisting of at least three of the following staff members; Assistant City Manager, Director of Planning, Historic Preservation Planner, Director of Community Development, Environmental Services Director, and Chief Building Official or their designee shall accomplish such reviews. The Chief Building Official shall be responsible for distributing all plans and elevations to each member of the review panel. No permit shall be issued prior to approval by the special review panel. Decisions of the Special Review Panel may be appealed to the Zoning Board of Appeals.

9.4.6.Building and site design. The following standards shall apply to all development in the corridor, except single-family dwellings and duplexes on individual lots.

a.

Minimum building setbacks, landscaping requirements, and buffers shall conform to the requirements of the underlying zoning district. Additionally, no building shall be allowed within 100 feet of the Etowah, Oostanaula, and Coosa Rivers, except on previously developed property. On previously developed property, new development may infringe on the 100-foot river buffer only to the extent of the infringement by the previous development, including depth and area, and only if granted a variance by the Zoning Board of Appeals and Adjustments.

b.

All office buildings and retail sales and service establishments shall have a customer entrance facing the river or other architectural design addressing the river that is approved by the Special Review Panel.

c.

The outdoor storage of equipment and/or merchandise, when permitted, shall not be visible from public property or the rivers. The outdoor display of sales merchandise is permissible so long as it meets with other requirements of the code.

d.

In order to ensure the permanency of buildings, reduce the need for periodic maintenance and maintain a character which is commensurate with the public interest, the following materials shall be used as primary exterior building wall finishes on portions of the building which are visible from the River right-of-way: brick, stone, glass, wood, stucco, imitation stucco, pre-cast concrete, poured concrete, and/or split-face concrete block. Materials should be sealed or otherwise treated if they will be subject to wet conditions in order to maintain a clean and finished appearance. Other materials may be used if approved by the Special Review Panel.

e.

Service and loading areas, outdoor sales and storage areas, trash receptacles, utility equipment, mechanical units and similar appurtenances shall be located so as to minimize visibility from the rivers and shall be visually screened from view from off the premises. Trash receptacles shall be located within a four sided structure which completely conceals the trash receptacle. The color and architecture of the structure shall be compatible with that of the building which it serves. Building orientation shall be such that loading and service areas do not face the river or public road, except in the case of double frontage lots, where such areas must be located in a rear or side yard, which faces the highway. All loading and service areas shall be screened from view from off the premises.

f.

Screening walls and fences shall match the color and materials of the building on the premises. Fences designed to create privacy or separation shall be made of masonry, ornamental metal, durable wood, vinyl that is designed and fabricated to appear as wood, or a combination of these materials. Chain link, plastic or wire fencing is not permitted for fences visible from public property, unless screened by landscaping.

g.

Development plans shall include site amenities that enhance safety and convenience of pedestrians and promote walking or bicycling as an alternative means of transportation. Site amenities may include bike racks, drinking fountains, canopies and benches.

h.

When multi-use trails exist or are planned, pedestrian access lanes shall link the multi-use trail with street sidewalks and with building entries through parking lots. Special paving, raised surfaces, bollards, or landscaping shall be used to separate pedestrian access lanes from traffic. Such lanes shall be a minimum of six feet in width.

9.4.7.Appropriate land uses and zoning.

a.

Appropriate land uses may include residential, multi-family residential, office, retail sales and service, historical education/interpretation, and some light industrial uses. Heavy industrial uses are not appropriate in the River Corridor Overlay Zone. Other uses allowed in the underlying zoning district shall be allowed on property within the district.

b.

Appropriate zoning districts in the River Corridor Overlay Zone may include Suburban Residential, Agricultural Residential, High Density Traditional Residential, Low Density Traditional Residential, Duplex Residential, Multifamily Residential, Neighborhood Office Commercial, Office Institutional, Community Commercial, Central Business Commercial, Urban Mixed Use, Planned Development and Light Industrial zoning districts.

(Ord. No. 2007-5-14, § I, 5-21-07)