Sandy Springs City Zoning Code
ARTICLE 8
- SITE DEVELOPMENT
Sec. 8.1.1. - Applicability
A.
Standards apply based on the type of activity proposed, as shown in the table below. For all zoning districts, the development standards apply as shown in the table below:
B.
Where a section applies according to the table above, the project activity must meet all of the applicable requirements in that section. Where a section is listed as not applying, no requirements in that section apply.
C.
The general applicability in this Section may be further modified by the detailed provisions of that Section.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.1. - Applicability
A.
New Construction Any new building or site improvement must comply with the vehicle and bicycle parking requirements of this Development Code.
B.
Maintenance and Repair An existing building or site may be repaired and maintained without providing additional vehicle or bicycle parking, provided there is no increase in gross floor area or improved site area.
C.
Additions or Renovations
1.
When an existing building, use or site is increased in gross floor area or improved site area by up to 25% cumulatively over a period of 3 consecutive years, additional vehicle and bicycle parking is required for the additional floor or site area only.
2.
When an existing building, and/or site is increased in gross floor area or improved site area by 25% or more cumulatively over a period of 3 consecutive years, both the existing and the additional floor or site area must conform to the vehicle and bicycle parking requirements.
3.
When an existing building, use or site is renovated or reduced in gross floor area or improved site area where costs are greater than 25% of the value of the existing building, cumulatively over a period of 3 consecutive years, additional vehicle and bicycle parking is required for the additional floor or site area only.
4.
When an existing building, use or site is increased in gross floor area or improved site area by 25% or more cumulatively over a period of 3 consecutive years, both the existing and the additional floor or site area must conform to the vehicle and bicycle parking requirements.
D.
Change in Use
1.
When an existing building or site changes in use, it must comply with the vehicle and bicycle parking for the new use unless the parking requirement is the same or less than the previous use.
2.
Additional vehicle and bicycle parking is only required for the difference between the parking spaces required for the former use and the parking spaces required for the new use, regardless of whether the existing parking provides less spaces than required by code for the former use.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.2. - Parking Required
Before a permit is issued for a project that includes required parking, the parking lot layout and area must be found by the Director to be in compliance with this Development Code. No certificate of occupancy may be issued until parking facilities meet the requirements of this Development Code.
A.
Calculation of Required Parking Spaces
1.
Vehicle and bicycle parking spaces must be provided in accordance with the ratios in the tables in this Section. Where a use is not specifically listed or only a broad use category is shown, the Director is responsible for categorizing the use.
2.
When a site or lot is used for a combination of uses, the parking requirements are the sum of the requirements for each use, and no parking space for 1 use may be included in the calculation of parking requirements for any other use, except as allowed in Sec. 8.2.5 B.
3.
In determining the required number of parking spaces, fractional spaces are rounded to the nearest whole number, with one-half or more counted as an additional space.
4.
Unless otherwise noted, the parking requirement is based on the gross floor area of the building devoted to the particular use specified.
B.
Required Parking Spaces
1.
Unless specifically provided otherwise in this Division, parking spaces must be provided in accordance with the following table.
2.
Where guest parking is shown in the following table, it is required only for development containing 5 or more residential units. Guest parking is not required on each lot, but must be provided within the subdivision or development site in a manner reasonably accessible to all units.
3.
Alternative parking requirements apply in the Perimeter Center and City Springs Districts. See Sec. 8.2.3.
4.
Parking is required at the site but not required to be located as a part of any unit at the site.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.3. - Perimeter Center/City Springs Districts
A.
No minimum ratio for vehicle parking spaces applies in the Perimeter Center and City Springs Districts. Minimum parking ratios for short-term and long-term bicycle parking from the Table in Sec. 8.2.2 apply.
B.
The following maximum parking table applies in the Perimeter Center and City Springs Districts for surface parking. Maximum parking does not apply to structured parking.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.4. - Parking Reductions
The standards of the parking table above may be reduced as specified below.
A.
Proximity to Transit A 30% reduction in the number of required parking spaces is allowed for uses with a main building entrance within a walking distance of 1,320 feet of an operating transit stop with service from 6:00 a.m. to 8:00 p.m. where service intervals are no longer than 10 minutes during peak weekday commute hours.
B.
Affordable Housing
1.
Required parking for an affordable housing development may be reduced to a rate of 1 parking space for each unit.
2.
The affordable housing reduction applies only to required spaces for dwelling units. If required, visitor spaces must be provided at the standard rate.
C.
Senior Living
Senior living is only required to provide 1 space per dwelling or rooming unit.
1.
The senior living reduction applies only to required spaces for dwelling or rooming units. If required, visitor spaces must be provided at the standard rate.
2.
The parking reduction for senior living is only available for multi-unit.
D.
Private Car Sharing Program
1.
A reduction in the number of required parking spaces for multi-unit residential or offices is allowed where an active on-site car-sharing program is made available for the exclusive use of residents and tenants.
2.
The parking requirements for all dwelling units or office floor area may be reduced by 5 spaces for each car-share vehicle provided, as long as at least 3 regular spaces remain available. If required, visitor spaces may not be substituted.
E.
Parking Utilization Study A parking reduction by the Director of up to 30% is allowed where a parking utilization study of 2 similar locations in the region that are similarly situated within the local street network and community. The applicant must empirically justify the reduction.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.5. - Vehicle Parking Options
Required vehicles parking spaces must be located on the same lot or site they are intended to serve, except as provided below.
A.
On-Street Parking
1.
Where on-street parking spaces exist, 1 on-street parking space may be substituted for every required on-site parking space, provided the on-street space immediately abuts the subject property.
2.
Each on-street parking space may only be counted for 1 property. Where a space straddles an extension of a property line, the space may only be counted by the owner whose property abuts 50% or more of the on-street parking space.
3.
The Director may determine that to ensure future roadway capacity, the on-street parking credit is not available.
B.
Shared Parking
1.
Shared parking allows credit for space utilization by uses that require parking at different times of day.
2.
Applicants wishing to use shared parking as a means of reducing the total number of required spaces may submit a shared parking analysis using the Urban Land Institute (ULI) Shared Parking Model (latest edition).
3.
The study must be provided in a form established by the Director.
4.
Reductions in the total number of required spaces for shared parking are not permitted unless the Director determines a reduction is appropriate on a case-by-case basis through the use of the ULI Shared Parking Model (latest edition).
5.
Uses providing shared parking must have either mutually exclusive or compatibly overlapping normal hours of operation. The Director will determine whether hours of operation are compatibly overlapping on a case-by-case basis.
6.
A shared parking agreement must be recorded in the Fulton County deed records prior to issuance of a certificate of occupancy.
C.
Valet Parking Valet parking may be permitted as a means of satisfying the parking requirements where all of the following standards have been met:
1.
An attendant is provided to park vehicles during all business hours of the use utilizing the valet parking;
2.
An equivalent number of valet spaces are available to replace the number required on-site parking spaces; and
3.
Valet spaces do not require individual striping and may take into account the mass parking of vehicles.
D.
Tandem Parking
1.
Tandem parking is allowed for single unit detached and attached and multi-unit.
2.
Two parking spaces in tandem must have a combined minimum dimension of 9 feet in width by 36 feet in length.
3.
Both parking spaces in tandem must be assigned to the same dwelling unit.
4.
Tandem parking may not be used to provide guest parking.
E.
Remote Parking
1.
All required vehicle parking spaces, except required accessible spaces, may be located off-site, provided the remote parking spaces are located within 800 feet of the primary entrance of the use served and are located within the same or more intense zoning district as the principal use served.
2.
Lease agreements must be for a term of not less than 1 year to serve the use or uses proposed to be satisfied by the off-site leased parking. Each year the use is renewed (as shown by the renewed application for a business license), the applicant for the business license must show a current lease agreement for not less than 1 year for the necessary off-site parking.
3.
The distance referred to above is measured by the most direct route of travel on the ground and are measured in the following manner:
a.
From the front door of the principal structure on the applicant's property;
b.
In a straight line to the nearest sidewalk, street, road or highway;
c.
Along a public sidewalk, walkway, street, road, or highway by the nearest route; and
d.
To the edge of the off-site parking area to be used by the applicant to meet parking requirements.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.6. - Unbundling Parking in Perimeter Center
A.
All new development in the PX- and PM- Districts (with the exception of townhouse units) must unbundle vehicle parking charges from the rents, sale price, or other fees charged for occupying residential, office, commercial or industrial space. Vehicle parking spaces must be leased or sold separately from the rental or purchase fees, such that potential renters or buyers have the option of renting or buying a residential unit or commercial space at a price lower than if the vehicle parking was included.
B.
The owner of the property has the option to offer any unused parking spaces to other residential or nonresidential tenants or to the general public.
C.
This unbundling requirement does not prohibit landlords from leasing parking spaces to third parties that do not lease residential, office, commercial or industrial spaces within the development.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.7. - Bicycle Parking Design
A.
General
1.
Each required bicycle parking space must be at least 2 feet by 6 feet. Where a bicycle can be locked on both sides of a bicycle rack without conflict, each side may be counted as a required space.
2.
Bicycle racks must be securely anchored, be easily usable with both U-locks and cable locks, and support a bicycle at 2 points of contact to prevent damage to the bicycle wheels and frame.
3.
No fee may be charged for bicycle parking where free automobile parking is provided.
4.
Bicycle parking must be provided in a well-lit area.
B.
Short-Term Bicycle Parking
1.
Required short-term bicycle parking spaces must be located in a convenient and visible area at least as close as the closest non-accessible automobile parking and within 100 feet of a principal entrance and must permit the locking of the bicycle frame and 1 wheel to the rack and must support a bicycle in a stable position.
2.
Spacing of the bicycle racks must provide clear and maneuverable access.
3.
Bicycle facilities may be placed within the right-of-way, provided the encroachment is approved by the City.
C.
Long-Term Bicycle Parking
1.
Required long-term bicycle parking spaces must be located in enclosed and secured or supervised areas providing protection from theft, vandalism and weather, and must be accessible to intended bicycle users.
2.
Required long-term bicycle parking for residential uses must not be located within dwelling units or within deck, patio areas or private storage areas accessory to dwelling units.
3.
Long-term bicycle parking spaces for nonresidential uses may be located off-site within 300 feet of the site.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.8. - Parking Layout and Design
A.
Access All on-site parking must be arranged so that no vehicle is forced to back out on a public street or forced to use a street, not including an alley, to gain access from 1 parking aisle to another parking aisle. The City's uninterrupted ingress/egress regulations apply to parking lot design (see Technical Manual Sec. 3: Roadway Design and Pavement).
B.
Parking Space and Aisle Specifications
1.
Dimensions Parking spaces and drive aisles must meet the following dimensions in both surface parking lots, on-street parking and in parking structures.
a.
A median island must be provided between every 6 single parking rows.
b.
Parking spaces and drive aisles using dimensions other than those specified may be approved if prepared and sealed by a design professional licensed in the State of Georgia with expertise in parking facility design, subject to approval by the Director.
2.
Compact Parking
a.
Compact car parking spaces may be used in place of a standard size parking space. The total number of compact car parking spaces may not exceed 15% of the total number of required parking spaces.
b.
No more than 2 compact parking spaces may be placed side by side. Compact spaces may be reduced to 8 feet in width and 16 feet in depth. All compact parking spaces must be clearly and visibly striped and labeled for compact car use only.
C.
Accessible Parking Accessible parking spaces must be provided in accordance with the requirements of the Americans with Disabilities Act (ADA) (Public Law 101-136), the State Building Code, and the American National Standards Institute. See the Sandy Springs Technical Manual for further guidance.
D.
Electric Vehicles In the Perimeter Center and City Springs Districts, and in any parking structure constructed in any other district, 5% of all parking spaces must be electric-vehicle (EV) ready, with a minimum of 2 EV-ready spaces for all parking lots over 20 spaces. Electric-vehicle ready means conduit or other means to connect power to each space is installed in advance.
E.
Reserved Parking Parking spaces may be reserved for a specific tenant or unit, provided that the following standards are not exceeded.
1.
Residential
a.
One space per efficiency or one-bedroom multi-unit dwelling.
b.
Two spaces per 2-bedroom or greater multi-unit dwelling.
2.
Nonresidential No more than ⅓ of the total provided spaces may be reserved.
F.
Parking Lot Landscaping All on-site surface parking lots must be landscaped as specified in Sec. 8.3.2.
G.
Visibility at Intersections No parking or loading area may interfere with the safe operations of all users at any intersection or along any roadway.
H.
Surfacing
1.
Parking and loading areas must be surfaced with concrete, asphaltic concrete, asphalt, or other dust-free surface.
2.
Surface parking spaces on lots or sites containing more than the minimum number of spaces required by this Division must be of pervious material for any spaces beyond the minimum required.
3.
Porous pavement material may be substituted for standard dust-free pavements subject to the approval of the Director. Permitted materials include, but are not limited to, grass, "grasscrete," ring and grid systems used in porous or grid pavers.
I.
Curbs and Drainage
1.
Parking and loading areas must be graded and drained to collect, retain and infiltrate surface water on-site so as to prevent damage to abutting properties or public streets.
2.
Curbing or parking block must be installed as required by the Director. Curbing must have openings to allow drainage to enter and percolate through landscaped areas.
J.
Lighting Parking and loading area lighting must be installed in accordance with the Sandy Springs Technical Manual.
K.
Parking Structures
1.
All stories of structured parking must be screened so that cars are not visible from adjacent property, adjacent streets (not including alleys), or other public property.
2.
Exterior elevations for parking floors must appear horizontal, even where ramps occur within the building.
3.
Green walls, vertical gardens, architectural grilles, louvers, or opaque material that continues to allow natural ventilation is required to screen any vehicles from view from adjacent public streets or sidewalks. Where at least 10 feet of planting area exists between the street and the parking structure, the Director may approve a landscape area using berms, trees and shrubs in a way that constitutes an equivalent or better screen.
4.
Elevator and stair shafts must be topped with an architectural accents using materials, colors, design or other features similar to that of the principal building it serves.
5.
A digital sign demonstrating the remaining spaces available in real-time must be placed at the entrance to any parking garage providing spaces available to the general public.
6.
For parking garages containing over 200 spaces, internal signs above each parking space must indicate availability of that space.
L.
Specialized Vehicle Parking
1.
Specialized vehicles must not be parked in any required setback area.
2.
Specialized vehicles such as earth-moving equipment, tractors or other heavy construction vehicles, may only be stored during construction under an active building permit or land disturbance permit, except in the IX- District.
3.
Other specialized vehicles such as recreational vehicles, campers, buses (including school buses), trailers, motor coaches, boats and boat trailers, may be parked or stored in all residential districts under the following conditions:
a.
The vehicles is not used as living quarters.
b.
The location of the parking or storage area is in the buildable area of the lot and not in front of the principal structure.
c.
Specialized vehicles must be screened from view of adjoining properties and rights-of-way with a minimum 6-foot tall fence or wall meeting the standards of Sec. 8.3.9.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.9. - Stacking
A.
Applicability Adequate stacking space must be made available on-site for any use having a drive-through, control gate or areas having drop-off and pick-up.
B.
Required Stacking Spaces The following number of stacking spaces must be provided for the listed uses. The Director may require an individual study for other uses or in particularly congested settings. The individual study must be prepared by a Licensed Design Professional with expertise in traffic issues.
C.
Dimensions
1.
The number of required stacking spaces includes the space at the window and at the communication/mechanical device (e.g., order board, pick up window).
2.
If a drive-through has multiple order boxes, teller boxes or pick up windows, the number of required stacking spaces may be split between each order box, teller box or pick up window.
3.
Each stacking space must be a minimum of 20 feet in length and 10 feet in width along straight portions. Stacking spaces and stacking lanes must be a minimum of 12 feet in width along curved segments.
4.
Any drive-through lanes must be separated from drive aisles by a curbed median or other device approved by the Director. No drive-through stacking may block the parking movement for any required parking space.
5.
Vehicles may not encroach on or interfere with the public use of drive aisles, streets and sidewalks by vehicles, bicycles or pedestrians.
6.
Drive-through lanes must be separated by striping or curbing from other parking areas. Individual lanes must be striped, marked or otherwise distinctly delineated.
D.
Screening
1.
Where drive-through windows and lanes are allowed to be placed between a street (not including an alley) or ground floor residential use and the associated building, the entire length of the drive-through lane, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-through must be screened.
2.
Screening must be a continuous compact evergreen hedge. At the time of installation, the screening must be at least 4 feet.
3.
In lieu of the compact evergreen hedge, a masonry or perforated metal screen wall with a minimum height of 4 feet and a maximum transparency of 35% may be installed. The wall must be compatible with the principal building in terms of texture, quality, material and color.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.10. - Vehicle Loading
A.
Loading May Be Required
1.
A loading area is required for any building providing structured parking.
2.
If determined necessary by the Director, adequate space must be made available on-site for the unloading and loading of goods, materials, items or stock for delivery and shipping, otherwise on-site loading space is not required.
B.
Size
1.
A loading space must measure no less than 12 feet in width by 35 feet in depth.
2.
All maneuvering space must not include any required parking space, or public or private street right-of-way.
C.
Location If a loading area is provided or required, it must meet the following:
1.
With the exception of areas specifically designated by the City, loading and unloading activities are not permitted in a street, not including an alley.
2.
Loading and unloading activities may not encroach on or interfere with the use of sidewalks, drive aisles, stacking areas and parking areas by vehicles, bicycles or pedestrians.
3.
Loading areas must be located to the rear of buildings. Loading areas may not be placed between a street (not including an alley) and the associated building.
4.
No loading area is permitted within 50 feet of a ground floor residential use (measured from the residential lot line to the closest point of the loading area). Loading areas for multi-unit residential buildings may be closer than 50 feet of a ground floor residential use when visually screened from nearby windows.
D.
Screening If a loading area is provided or required, it must meet the following.
1.
Where a loading dock designed for tractor-trailers is placed between a street (not including an alley) or a shared lot line and the associated building, the entire length of the loading area must be screened.
2.
Screening must consist of either:
a.
An 8-foot high wall compatible with the principal building in terms of texture, quality, material and color; or
b.
Evergreen plant material that can be expected to reach a height of 8 feet with a spread of 4 feet within 3 years of planting.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.2.11. - Use of Parking and Loading Areas
Parking and loading areas must be operated and maintained in accordance with the following.
A.
Parking and loading areas must not be used for the repair or dismantling of any vehicle, equipment, materials or supplies.
B.
Parking and loading areas must not be used to store vehicles for sale, except in cases where the property owner owns the vehicle, provided auto sales is a permitted use in the district in which the property is located.
C.
This provision does not apply to the placing of a "For Sale" sign on or in 1 licensed vehicle, boat, or other vehicle located in a private residential driveway and which licensed vehicle, boat or other vehicle is owned by an occupant of the private residence.
D.
An attendant's building less than 50 square feet in size that is set back at least than 20 feet from any boundary of the parking lot is permitted, provided it is not located in any yard abutting a street.
E.
Upon application, the Director may approve temporary structures and uses such as tent sales within required parking spaces that are not used on a continuous basis, provided that such uses are movable from the site upon order by the Director. Such activities are allowed to occur on the same site no more than 3 times a year and each time for a period not to exceed 10 days (see also Div. 7.9).
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.1. - General
A.
Applicability
1.
New Construction Any new building or site improvement (modification of any existing parking area, for example) must comply with the landscaping and screening requirements of this Division.
2.
Maintenance and Repair An existing building or site may be repaired or maintained without providing additional landscaping or screening, provided there is no increase in gross floor area or improved site area.
3.
Additions
a.
When an existing building is increased in gross floor area or improved site area by up to 25% cumulatively over a period of 3 consecutive years, landscaping and screening is required for the additional floor or site area only.
b.
When an existing building is increased in gross floor area or improved site area by 25% or more cumulatively over a period of 3 consecutive years, both the existing building and the additional floor or site area must conform to the landscaping and screening requirements of this Division.
4.
Change in Use A change in use does not trigger the application of these requirements, except when there is a specific use standard requiring landscaping or screening for the new use.
B.
Landscape Plan Required Before a permit is issued for a project that includes required landscaping and screening, the site must be found by the Director to be in compliance with this Development Code. No certificate of occupancy may be issued until the landscaping and screening meet the requirements of this Development Code.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.2. - Parking Lot Landscaping
A.
Applicability Parking lot landscaping is required on all on-site surface parking lots created after the effective date of this Development Code. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area.
B.
Perimeter Screening All surface parking areas as well as drive aisles and other related vehicular use areas must be screened from view from the adjacent street using 1 of the options below. A required landscape strip must be located at the outer perimeter of the parking area and must be provided along the entire parking area, excluding breaks for pedestrians, bicycles and driveways.
For screening options that include shrubs, those must be 30 inches tall at the time of planting and 70% of them must be evergreen.
1.
Landscape Strip with Shrubs A minimum 10-foot wide landscape strip planted with shrubs. Shrubs must be provided to fully screen paved areas and parking lots from the right-of-way within 3 years of planting.
2.
Landscape Strip with Screening Wall A 2.5-foot high screening wall located within a minimum 4-foot planting strip. Screening walls must be closed and be constructed of high quality materials including 1 or a combination of the following: decorative blocks; brick; stone; cast-stone; stucco over standard concrete masonry blocks; glass block; or other material approved by the Director.
3.
Landscape Strip with Grade Change A 6-foot landscaped strip with a minimum 3-foot grade drop from the street to the parking area, planted with 5 shrubs for every 35 linear feet of street frontage, excluding driveway openings.
C.
Interior Islands
1.
A landscaped interior island must be provided every 8 parking spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.
2.
An interior island abutting a single row of parking spaces must be a minimum of 9 feet in width and 200 square feet in area. Each island must include 1 shade tree.
3.
An interior island abutting a double row of parking spaces must be a minimum of 9 feet in width and 400 square feet in area. Each island must include 2 shade trees.
D.
Median Islands
1.
A landscaped median island must be provided between every 6 single parking rows. Intervals may be expanded to preserve existing trees on the lot.
2.
A landscaped median island must be at least 6 feet wide.
3.
At least 3 shrubs must be planted in the median island for every 80 feet in length.
E.
Island Plantings
1.
All required shade trees species must be chosen from the approved list in the Sandy Springs Technical Manual.
2.
All required shade trees must have a minimum caliper of 3 inches and be at least 10 feet tall at time of planting.
3.
Islands must be installed below the level of the parking lot surface and designed to allow for runoff capture.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.3. - Residential Front Yard Trees
All residential front yards for new construction after the effective date of this Development Code must provide 1 shade tree planted in the front yard for every 40 linear feet of lot frontage along a street. Any site determined by the City Arborist to have inadequate area for planting a shade tree may plant an alternate ornamental tree approved by the Arborist.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.4. - Foundation Planting
A.
Building foundation landscaping is required in all districts for all new construction (including additions) facing a street and located more than 5 feet behind the back of sidewalk (or where no sidewalk is present, the edge of pavement), except for residential construction in Protected Neighborhoods.
B.
The minimum width of the foundation planting area must be:
C.
Foundation plantings must be installed across the entire length of any street-facing façade, except where doorways and driveways are located.
D.
Foundation planting areas may be located at grade, in raised planters or in freestanding planters. Any raised or freestanding planter must match or complement the adjacent building materials.
E.
Foundation planting materials must be expected to grow to a maximum height of 5 feet. Taller materials should be located a minimum of 3 feet from buildings walls. The plant selection and design of foundation planting should not obscure any windows.
F.
Foundation plantings must provide seasonal color and interest for at least 8 months each calendar year. Perennial flowers or flowering plants are encouraged. Dwarf shrubs, ornamental grasses, spreading evergreens and other similar plants are considered appropriate foundation planting materials. Varying plant textures increases visual interest and is also encouraged (for example, including both needled evergreens and broadleaf plants).
G.
Foundation planting areas must be mulched or include groundcover to cut down on irrigation needs and weed growth. Sod, pine straw and stone do not count as groundcover for the purpose of foundation planting.
H.
The Director may approve the location of landscaping equivalent to the foundation planting farther away from the building if hardscape is preferred adjacent to the façade, for an outdoor seating area, as an example.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.5. - General Buffer Requirements
A.
Buffers must be located along the outer perimeter of the lot, inside the property line. The buffer must be located completely on private property (right-of-way may not be included in the width).
B.
The Director may determine an alternate location or generally modify any buffer requirement based on existing natural vegetation, site topography, or other environmentally sensitive situation.
C.
The Director may waive the application of any buffer when the protected property is developed with a nonresidential use.
D.
A buffer may be crossed by utilities, driveways, sidewalks, trails and similar features, provided the crossing occurs as close to perpendicular to the buffer as possible. No utilities or stormwater facilities are allowed within the buffer except as described above. Where utilities (or other similarly restrictive easements) must parallel the buffer, additional equivalent width must be added to the buffer to mitigate any disturbed area that cannot be planted with required buffer materials.
E.
Clearing of undergrowth from a buffer is prohibited, except when approved by the Director for removal of invasive species or correction of a nonconforming situation. Existing vegetation may be incorporated into a buffer. The Director will evaluate compliance of the existing vegetation with the planting requirement and may require supplemental planting if the existing vegetation does not provide sufficient screening.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.6. - Neighborhood Transition Buffers
Neighborhood Transitions Buffers are required when an RM-, RX- or any commercial zoning district abuts a Protected Neighborhood District.
The required buffer must include the following components:
A.
Lot Width or Depth up to 200 Feet
1.
Buffer must be minimum 25 feet deep.
2.
Wall at least 6 feet tall and not more than 8 feet tall located 25 feet from property.
Openings of no more than 4 feet in width, closed off by an opaque gate of the same height as the wall, may be provided no less than 300 feet apart, for maintenance access. Outside of maintenance activities, the gates must be locked at all times.
3.
At least 8 evergreen trees planted in 2 staggered rows (full to the ground and at least 6-feet tall at time of planting), per 100 linear feet of buffer.
4.
At least 4 understory trees (with a minimum caliper of 2 inches) per 100 linear feet of buffer.
5.
At least 25 shrubs a minimum of 3 feet in height at time of planting per 100 linear feet of buffer.
 | |||
|---|---|---|---|
| Buffer | Restricted Uses | Compatible Massing | |
| Intended to buffer and screen with evergreen landscaping and wall. No buildings, structures or parking are allowed. | Does not apply. | Intended to restrict the height of development so as to decrease the impact of new multi-story structures. | |
| Permitted Structures & Activity | Permitted Structures & Activity | Permitted Structures & Activity | |
| Does not apply. | 1. | All activity permitted in Area 1. | |
| 2. | All permitted uses in the applicable zoning. | ||
| 3. |
Parking, service areas, mechanical equipment, including HVAC, generators, loading,
dumpsters
and recycling bins. | ||
| 4. | Accessory structures. | ||
| These elements must be located as far from the Protected Neighborhood as site conditions allow. | |||
| Depth | Depth | Depth | |
| 25 feet min | Does not apply. | 30 feet min | |
| Height | Height | ||
| Does not apply. | 2 stories/24 or 28 feet max, see zoning district requirements | ||
B.
Lot Width or Depth 200 Feet and More
1.
Buffer must be minimum 30 feet deep.
2.
Wall at least 6 feet tall and not more than 8 feet tall located 25 feet from property.
Openings of no more than 4 feet in width, closed off by an opaque gate of the same height as the wall, may be provided no less than 300 feet apart, for maintenance access. Outside of maintenance activities, the gates must be locked at all times.
3.
At least 8 evergreen trees planted in 2 staggered rows (full to the ground and at least 6-feet tall at time of planting), per 100 linear feet of buffer.
4.
At least 6 understory trees (with a minimum caliper of 2 inches) per 100 linear feet of buffer.
5.
At least 30 shrubs a minimum of 3 feet in height at time of planting per 100 linear feet of buffer.
| ||||
|---|---|---|---|---|
| Buffer | Restricted Uses | Compatible Massing | ||
| Intended to buffer and screen with evergreen landscaping and wall. No buildings, structures or parking are allowed. | Intended to be occupied by open areas and low intensity uses, such as surface parking, alleys, landscaping, and secondary/accessory structures. | Intended to restrict the height of development so as to decrease the impact of new multi-story structures. | ||
| Permitted Structures & Activity | Permitted Structures & Activity | Permitted Structures & Activity | ||
| 1. | All activity permitted in Area 1. | 1. | All activity permitted in Areas 1 and 2. | |
| 2. | Alleys, parking and drive aisles, but not service areas or mechanical equipment, including HVAC, generators, loading, dumpsters and recycling bins. | 2. | All permitted uses in the applicable zoning. | |
| 3. | Accessory structures. | |||
| 4. | Single unit detached, single unit attached where allowed by the underlying zoning district. | |||
| These elements must be located as far from the Protected Neighborhood as site conditions allow. | ||||
| Depth | Depth | Depth | ||
| 30 feet min | 25 feet min | 30 feet min | ||
| Height | Height | |||
| 2 stories/24 feet max | 2 stories/24 or 28 feet max, see zoning district requirements | |||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.7. - District Boundary Buffers
A district boundary buffer is required when any RM-, RX-, Corridor & Node district, or Perimeter Center district abuts an RT- or RU- zone. It is also required when an RU- or RT- district abuts a Protected Neighborhood. A district boundary buffer may also be required by a specific use standard in Article 7. The Director may waive the application of the district boundary buffer when the protected property is developed with a place of worship, school or similar civic use. The required buffer must include the following components:
A.
Buffer Standards
1.
Minimum buffer width of 20 feet.
2.
Wall at least 6-feet tall and no more than 8-feet tall that is located 3 feet from the property line (no fence is allowed). Openings of no more than 4 feet in width, closed off by an opaque gate of the same height as the wall, may be provided no less than 300 feet apart, for maintenance access. Outside of maintenance activities, the gates must be locked at all times.
3.
At least 4 evergreen trees (each full to the ground and at least 6-feet tall at the time of planting) per 100 linear feet of buffer.
4.
At least 4 understory trees (each with a minimum caliper of 2 inches) per 100 linear feet of buffer.
5.
At least 30 shrubs, each a minimum of 3 feet in height at the time of planting, per 100 linear feet of buffer.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.8. - Design and Installation
A.
Reserved
B.
Visibility at Intersections Landscaping must not interfere with visibility at intersections and driveways. See the Sandy Springs Technical Manual for details.
C.
Plant Material
1.
Plant materials must be hardy to zone 7b in accordance with the U.S. Department of Agriculture's Plant Hardiness Zone Map.
2.
Plant materials must be able to survive on natural rainfall once established with no loss of health.
3.
Tree height is measured from the top of the root ball to the tip of the main stem.
4.
No artificial plants, trees, or other vegetation may be installed as required landscaping and screening.
5.
No plant materials listed as Category 1 or Category 1 Alert on the Georgia EPPC Invasive Plant List are permitted in required landscaping. Property owners are encouraged to avoid the entire list of invasive species when making decisions about plant materials for required or non-required landscaping.
D.
Maintenance of Landscaping
1.
The property owner is responsible for maintaining all required landscaping and screening in good health and condition.
2.
Any dead, unhealthy, damaged or missing landscaping and screening must be replaced with landscaping and screening that conforms to this Division within 90 days (or within 180 days where weather concerns would jeopardize the health of plant materials).
3.
Landscaped areas must be kept free of weeds and trash.
E.
Soil Erosion
1.
All planting areas must be stabilized from soil erosion immediately upon planting and must be maintained for the duration of the use.
2.
Grass areas must be sodded prior to the issuance of a Certificate of Occupancy. If grass seed must be used, it must be a variety suitable to the Atlanta region that produces complete coverage.
F.
Pruning and Trimming
1.
All required landscaping must be allowed to reach its required size and must be maintained at no less than required size.
2.
To prevent long-term harm to the health of required landscaping, all pruning of shrubs and trees must be done in accordance with the International Society of Arboriculture Standards entitled "ANSI A300 Standards."
3.
"Topping," defined as removal of more than ⅓ of the leaves and branches of a tree as measured from the lowest branch on the trunk of the tree to the top of the tree, is prohibited except where necessary to maintain public overhead utilities.
4.
Trees adjacent to accessible routes must maintain a vertical clearance of at least 80 inches.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.9. - Screening
A.
Service Areas
1.
Trash collection, trash compaction, recycling collection and other similar service areas must be located to the side or rear of buildings and must be screened from view from adjacent property or street (not including an alley).
2.
Service areas that are fully integrated into a building must be screened with a roll down door or other opaque screen.
3.
Service areas that are not integrated into a building must be screened from 3 sides by a wall at least 6 feet in height and on the fourth side by solid gate at least 6 feet in height. The gate and wall must be maintained in good working order and must remain closed except when trash pick-up occur. The wall and gate must meet the design standards of Section 8.3.10 C.
B.
Mechanical Equipment
1.
Exemptions Free-standing or roof-mounted sustainable energy systems such as solar panels are exempt from these screening requirements.
2.
Roof-Mounted Equipment
a.
Roof-mounted equipment must be screened from ground level view from adjacent property or adjacent street (not including an alley).
b.
New buildings must provide a parapet wall or other architectural element that screens roof-mounted equipment from view.
c.
For existing buildings with no or low parapet walls, roof-mounted equipment must be screened by an opaque screen compatible with the principal building in terms of texture, quality, material and color.
3.
Wall-Mounted Equipment
a.
Wall-mounted equipment must not be located on any surface that directly faces a street (not including an alley).
b.
Wall-mounted equipment located on any surface that is visible from a street (not including an alley) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material and color.
4.
Ground-Mounted Equipment
a.
Ground-mounted equipment screening must be as high as the highest point of the equipment being screened.
b.
Screening must consist of landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material and color.
C.
Utility Service Areas
1.
Utility service areas located outside of the right-of-way that exceed 42 inches in height and 42 inches in any other dimension must be screened from the street.
2.
Screening must consist of landscaping or a wall or fence compatible with the principal building in terms of texture, quality, material and color.
3.
Utility service areas must be located an adequate distance from the street to allow for any required screening to be installed without encroaching into the public right-of-way.
4.
Screening is not required for utility service areas located more than 50 feet from a street.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.3.10. - Fences and Walls
A.
Height
1.
Fences and walls located between the primary street and the front wall plane of a house may contain a solid or opaque fence or wall no more than 4 feet in height. A fence may exceed 4 feet in height where designed with a spaced picket design approved by the Director. The gap between pickets must be a minimum of 2 inches. The picket to opening ratio must be at least 2:1 for vertical pickets and 1:1 for horizontal elements.
2.
All other fences and walls, including side and rear yard residential fences and walls, may contain a solid or opaque fence or wall provided they do not exceed a height of 8 feet above grade.
3.
Height is measured from the finished grade to the highest point of the fence or wall between columns or posts.
4.
Column and ornament heights are permitted to exceed the maximum height by no more than 3 feet.
B.
Placement
1.
Setback Fence and wall footings must be entirely contained within the property and cannot encroach onto a property line.
2.
Obstruction Fences, walls, hedges and other vegetation must not obstruct the minimum sight distance requirements and must not:
a.
Prohibit proper lines of sight for public safety and law enforcement;
b.
Impede the flow of water or the normal pattern of natural wildlife; or
c.
Impair or block the vision of vehicle drivers so as to constitute a safety hazard.
C.
Design Standards
1.
Applicability The requirements of this Section do not apply to IX- Districts or stormwater facilities.
2.
Materials
a.
General Provisions
i.
Fences must be constructed of wood, and/or metal/ornamental metal. Walls must be at their base (no less than a foot in exposed height) opaque, and made of brick, stone, stucco or other durable opaque material-with possible use of metal or wood pickets for ornamentation. Durable materials not specifically listed must be approved by the Director in all zoning districts. Chain-linked fencing is allowed only in side and rear yards (provided they are not parallel to a street), and must be vinyl-coated.
ii.
Solid Vinyl fencing is prohibited, except that existing vinyl fences may be replaced in kind.
iii.
Barbed wire, razor wire and concertina wire are prohibited.
iv.
Walls and fences must be constructed with the finished side facing towards the street and adjoining properties, away from the improvement it is meant to screen.
b.
Parallel to a Street The following regulations apply to all fences parallel to a street and located between the right-of-way and building setback line.
i.
Where the fence or wall is at least 6 feet in height, a minimum 3-foot landscape strip must be provided between the fence or wall and any street.
ii.
All street-facing fences in Residential Estate districts must have masonry (brick stone, or stucco finish) piers separating fence panels with a maximum length of approximately 24 feet. Piers are required at any point where the fence changes direction. Piers must be at least 12 inches wide.
iii.
All street-facing walls must provide architectural variations such as columns to eliminate large expanses of blank areas, approximately every 24 feet.
D.
Color Only black, white or earth tones are permitted. Primary and neon colors are prohibited.
E.
Retaining Walls See Sec. 9.4.3.
F.
Electrical Permit Any fence that includes electrical equipment requires an electric (building) permit.
G.
Gates
1.
Gates, whether electronically or manually operable, are allowed on individual properties. Gates must open inwardly (doors opening towards the property) and must be located a minimum of 30 feet from the edge of pavement.
2.
Public and private streets cannot be gated.
3.
Gates must follow all design standards of this Article, they may however be up to 3 feet taller in height than the fence or wall it is attached to.
4.
Stand-alone gates, such as those on a private driveway, must have masonry (brick, stone or stucco) piers on either side.
5.
Gates serving private residential driveways must be provided with a means of access for emergency responders approved by the fire marshal's office.
H.
Pool Enclosures Pool enclosures must meet the standards of this Division and comply with the International Swimming Pool and Spa Code.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.1. - Applicability
No sign may be erected, altered, refurbished or otherwise modified after the effective date of this Development Code except in accordance with the requirements of this Division.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.2. - Sign Permit Required
A.
Except as specifically excluded in this Division, it is unlawful for any person to post, display, substantially change, or erect a sign or advertising device in the City without first having obtained a sign permit.
B.
An application for a sign permit must be filed with the Director.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.3. - Prohibited Signs
The following types of signs or advertising devices are prohibited.
A.
Any sign constructed and maintained wholly upon or over the roof of a building.
B.
Any sign that is not permanently affixed to the ground or to a structure, including but not limited to trailer signs or signs mounted or painted on vehicles which are parked in such a manner as to serve the purpose of an advertising device, except sidewalk signs.
C.
Any permanent freestanding sign that sits upon a base or pole that is less than 75% of the width of the sign face.
D.
Rotating or animated signs involving motion or sound.
E.
Flashing, blinking, or varying light intensity signs, including scrolling messages and video.
F.
Balloons or other air-filled devices.
G.
Wind signs (temporary signs mounted on a pole and intended to flutter in the wind to attract attention)
H.
Any reflective or mirrored sign.
I.
Signs that contain or are an imitation of an official traffic sign or signal.
J.
Pennants, streamers and banners, except as expressly allowed in Sec. 8.4.5.
K.
Search lights.
L.
Changeable copy signs, except as expressly allowed in this Division.
M.
Signs mounted to a tree, traffic sign utility pole or similar structure.
N.
Signs advertising illegal activity.
O.
Signs in poor condition or not in good repair (maintenance section).
P.
Abandoned signs.
Q.
A sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service or product, mere costumes without wording or logos are not be considered a sign.
R.
Rope lighting (typically installed around windows and doors openings or along eaves)
S.
Any freestanding sign at a property on which the façade of the principal structure is 40 feet or less from the right-of-way.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.4. - Signs Not Requiring a Permit
The following types of signs do not require a sign permit from the City. An electrical and/or building permit may still be required.
A.
Public Interest Signs Signs of public interest, erected by or on the order of a public officer in the performance of their duty, such as public notices, safety sign, danger signs, trespassing signs, traffic and street signs, memorial plaques and signs of historical interest.
B.
Signs Not Visible Any sign internal to a development and not visible from a street or neighboring property.
C.
Window Signs
1.
A sign installed inside a window for purposes of viewing from outside the premises. Signs must not exceed 25% of the window area.
2.
An exposed neon window sign stating "open" that is not greater than 5 square feet in area and limited to 1 per establishment (included in 25% sign area).
D.
Construction Fence Wraps
1.
Wraps are allowed on fences securing new construction sites for the duration of the construction activity.
2.
The wrap must be removed prior to issuance of a Certificate of Occupancy.
3.
The fence wrap must be maintained in good condition and be properly attached to the fence.
4.
Messages, logos, renderings or similar information must not exceed 30% of the total fence wrap area.
E.
Flags Any fabric or other flexible material designed to be flown from a permanent flagpole.
1.
A maximum of 3 flags are permitted per lot.
2.
The flag area must not exceed 1.5 times the height of the pole. For example, a 40-foot tall flag pole yields a maximum 60 square foot flag.
3.
The maximum height of a flagpole is 40 feet, measured from the highest point of the flagpole to average adjacent grade.
4.
A freestanding flagpole must be set back from a property line a distance equal to the height of the pole. For example, a flagpole 40 feet in height must be set back at least 40 feet from a property line.
5.
A flagpole attached to building may encroach over the sidewalk but not over any street, parking area, driveway or alley. All flags must be a minimum of 18 inches inside the curb line or edge of pavement, whichever is greater.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.5. - Signs in the Right-of-Way
A.
Wall signs, awning signs, canopy signs, projecting signs, crown signs, shingle signs and sidewalk signs may encroach over the sidewalk, but not over any street. All signs must be a minimum of 18 inches inside the curb line or edge of pavement, whichever is greater. Vertical height clearances must be maintained per the MUTCD, ADA and the Sandy Springs Technical Manual.
B.
All signs must be placed on private property, and require the property owner's consent. No signs are allowed to be placed in the right-of-way, except those placed by the City, County, State or federal government.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.6. - Changeable Copy Signs
Changeable copy signs are not allowed, except on monument signs permitted with fuel pumps or gas stations are allowed to have changeable copy as provided for by the laws and regulations of the State of Georgia.
Sec. 8.4.7. - Identification Labels, Inspection
A.
Sticker With each sign permit, the Director will issue a sticker bearing the same number as the permit with which it is issued. It is the duty of the permittee to affix the sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper sticker is considered prima facie evidence that the sign has been, or is being, erected or operated in violation of the standards of this Division.
B.
Inspection The Director will regularly inspect existing signs in the City to determine if such signs conform to the standards of this Division.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
_____
Sec. 8.4.8. - Signs Requiring a Permit
Signs are allowed by district as shown below. Specific requirements for each sign are shown on the following pages. All of the following sign types require a sign permit.
Key: ♦ = Allowed ◇ = Allowed for Nonresidential Uses Only — Not Allowed ♦* = Not Allowed on -SH Frontage
_____
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.9. - Sign Area Allocation
A.
Allocation Not Transferable Sign area allocation must be used on the building façade used to measure the allocation, and may not be transferred to any other building façade.
B.
Awning, Canopy, Projecting and Wall Signs
1.
Primary Building façade Awning signs, canopy signs, projecting signs and wall signs are allocated a combined sign area of 1 square foot of per linear foot of primary building façade, or 32 square feet if the primary building façade is less than 32 feet in length.
2.
Side or Rear Building façade Awning signs, canopy signs, projecting signs and wall signs are allocated a combined sign area of 0.5 square feet per linear foot of side and rear building façade, or 32 square feet if the building façade is less than 32 feet in length.
C.
Crown Signs
1.
No more than 2 crown signs are allowed per building, and no more than 1 crown sign per building façade is allowed.
2.
A crown sign must not exceed 180 square feet in area, unless otherwise stated under Sec. 8.4.12.
D.
Monument Signs
1.
One monument sign is allowed per 500 feet of street frontage of the subject lot. Where more than 1 monument sign is allowed, signs along the same street frontage of the subject lot must be spaced a minimum of 500 feet apart.
2.
Monument signs may not be placed at the same driveway entrance where an entrance sign is located, and must be a minimum of 250 feet from an entrance sign.
3.
Monument or other freestanding signs are not allowed where a principal structure's façade is located 10 feet or less from a right-of-way.
E.
Shingle Signs A shingle sign must not exceed 9 square feet in area and only 1 shingle sign is allowed per ground floor tenant space.
F.
Entrance Signs
1.
An entrance sign must not exceed 32 square feet in area and up to 2 entrance signs are allowed per entrance.
2.
Entrance signs may not be placed at the same driveway entrance where a monument sign is located, and must be a minimum of 250 feet from a monument sign.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.10. - Awning Sign
| Total Sign Area Allocation | ||
| See Sec. 8.4.9 | ||
| Dimensions | ||
 | Max area of signs per awning | 12 SF |
| _____ | ||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.11. - Canopy Sign
| Total Sign Area Allocation | ||
| See Sec. 8.4.9 | ||
| Dimensions | ||
| Area of individual sign (max) | 32 SF |
 | Height (max) | 3' |
 | Depth (max) | 8" |
 | Clear height above sidewalk (min) | 9' |
| Clear height above parking area or driveway (min) | 14' |
| _____ | ||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.12. - Crown Sign
| Total Sign Area Allocation | ||
| See Sec. 8.4.9 | ||
| Dimensions | ||
| Area of individual sign (max) | 180 SF |
| Height (max) | 10' |
| Projection - measured from building façade (max) | 2' | |
| Width (max % of façade width) | 75% |
| Dimensions for High Visibility façades | ||
| Area of individual sign (max) | 360 SF |
| Height (max) | 15' |
| Projection - measured from building façade (max) | 2' | |
| Width (max % of façade width) | 50% |
| _____ | ||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.13. - Monument Sign
| Total Sign Area Allocation | ||
| See Sec. 8.4.9 | ||
| Dimensions | ||
| Area of individual sign (max) | |
| Up to 500 feet of frontage | 32 SF | |
| 501—1,000 feet of frontage | 48 SF | |
| 1,001 or more feet of frontage | 64 SF | |
| Height, including base (max) | 8' |
| Depth (max) | 2' |
| Sign base height (min/max) | 1'/4' |
| _____ | ||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.14. - Projecting Sign
| Total Sign Area Allocation | ||
| See Sec. 8.4.9 | ||
| Dimensions | ||
| Size of individual sign (max) | 48 SF |
| Height (max) | 12' |
| Spacing from building façade (min/max) | 1'/2' |
| Projection width (max) | 6' |
 | Depth (max) | 1' |
 | Clear height above sidewalk (min) | 9' |
| Clear height above parking area or driveway (min) | 14' |
| _____ | ||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.15. - Shingle Sign
| Total Sign Area Allocation | ||
| See Sec. 8.4.9 | ||
| Dimensions | ||
| Area of individual sign (max) | 9 SF |
| Height (max) | 3' |
| Spacing from building façade (min/max) | 6"/1' |
| Projection width (max) | 3' |
| Sign depth (max) | 6" |
| Clear height above sidewalk (min) | 9' |
| Clear height above parking area or driveway (min) | 14' |
| _____ | ||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.16. - Wall Sign
| Total Sign Area Allocation | ||
| See Sec. 8.4.9 | ||
| Dimensions | ||
| Size of individual sign (max) | 180 SF |
| Projection - measured from building façade (max) | 1' |
| _____ | ||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.17. - Subdivision Entrance Sign
| Total Sign Area Allocation | ||
| 64 SF per entrance | ||
| Dimensions | ||
| Size of individual sign (max) | 32 SF |
| Signs allowed per entrance (max 1 per side of entrance) | 2 | |
| Height (max.) | 8' |
| _____ | ||
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.18. - Temporary Sign
A.
Description
A sign that is not permanently mounted and intended to be displayed for a finite period of time.
B.
Temporary Signs Not Requiring a Permit
1.
Sidewalk Signs
a.
The sign must be placed along a building façade with a customer entrance to a tenant space.
b.
The sign must be placed no more than 12 feet from the building façade.
c.
The sign must be removed and placed indoors at the close of each business day.
d.
The sign must not obstruct vehicular, bicycle, or pedestrian traffic and must comply with ADA clearance and accessibility.
e.
The sign must not be illuminated.
f.
The sign must not exceed 6 square feet in area, 3 feet in height and 2 feet width.
2.
Signs Located on Single Unit Properties
a.
Up to 2 temporary signs per lot are allowed.
b.
Maximum total temporary sign area of 6 square feet per lot.
c.
Maximum height of 6 feet.
d.
Temporary signs must not be illuminated.
3.
Signs Located on All Other Use Properties
a.
Maximum temporary sign area of 16 square feet per lot for all temporary signs combined. There is no restriction on the number of temporary signs, provided that the sign area, when combined, does not exceed the total allocated sign area.
b.
Temporary signs may be used for a period not exceeding 60 consecutive days on two separate occasions per year. Additional posting time may be allowed by the Director, provided the temporary activity on the site is continuing.
c.
Temporary signs must not be illuminated.
C.
Banners on New Buildings
1.
Banners are allowed on new buildings that are 3 stories in height or greater and are not located in a Protected Neighborhood district.
2.
A banner is allowed 1 time for a period not to exceed 6 months.
3.
The banner must be affixed to the building.
4.
The banner may not exceed 120 square feet in total area.
5.
The banner must be mounted so as not to extend above the line where the building wall and roof meet.
D.
All Other Banners or Temporary Signs
1.
The sign is restricted to a maximum area of 32 square feet per parcel.
2.
When at grade level, the maximum sign height is 5 feet, and when placed on a building, a maximum height of 24 feet and cannot extend above the roofline.
3.
Signs cannot encroach into the right-of-way or the easement of a private road.
4.
Signs may be displayed on a same lot for a maximum of 3, 2-week (14-day) periods per calendar year.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.19. - Sign Measurements
A.
Computation of Sign Area The area of all signs is determined as follows:
1.
For wall signs, awning signs, canopy signs and crown signs consisting of freestanding letters or logos, sign area is calculated as the total area of the rectangle, circle or square that fully encloses all the letters or images.
2.
For signs on a background, the entire area of the background is calculated as sign area, including any material or color forming the sign face and the background used to differentiate the sign from the structure on which it is mounted. For monument signs, projecting signs, shingle signs and sidewalk signs, sign area includes the face of the structure that the message is affixed to, not including any supports, bracing or street number.
3.
The sign area of a three-dimensional sign is calculated as total area of the smallest rectangle, circle or square that fully encloses the largest profile of the 3-dimensional sign.
4.
The area for a sign with more than 1 face is computed by adding together the area of all sign faces greater than 60 degrees; if the sign face angle is less than 60 degrees, only the area of the largest sign face is computed as part of the sign area.
B.
Measurement of Sign Height The total height of a monument sign is measured from the highest point of the sign or supporting structure to the top of the abutting sidewalk.
C.
Sign Variances The Board of Appeals will not consider any variance to either sign area or sign height. For all other relief, see Div. 11.6.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.20. - Sign Maintenance
A.
All signs must be maintained in good condition and present a neat and orderly appearance. The Director may cause to be removed after due notice any sign which shows gross neglect, becomes dilapidated, or if the ground area around it is not well maintained.
B.
The Director will give the owner 10 days written notice to correct the deficiencies or to remove the sign or signs. If the owner refuses to correct the deficiencies or remove the sign, the City will have the sign removed at the expense of the owner.
C.
Any legal nonconforming pole sign (sign which rests on a pole that is less than 75% of the width of the face of the sign) may not be altered in any way before coming into complete compliance with the requirements of a monument sign as provided in Sec. 8.4.13. The sign can only be repaired of damage or wear, but not altered or improved in any way before coming into compliance.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.21. - Sign Materials
Permanent signs (other than awning signs) must be constructed of wood, metal, masonry or glass. Plastic and other synthetic materials may be approved by the Director for lettering or as accent materials.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.22. - Sign Illumination
Illumination of signs must be in accordance with the following requirements.
A.
Prohibited Light Sources
The following light sources are not allowed:
1.
Blinking, flashing and chasing.
2.
Bare bulb illumination.
3.
Colored lights used in any manner so as to be confused with or construed as traffic control devices.
4.
Direct reflected light that create a hazard to operators of motor vehicles.
B.
Brightness
The light from any illuminated sign must not be of an intensity or brightness that will interfere with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent properties.
C.
Internal Illumination
1.
Channel letters may be internally lit or back-lit.
2.
For internally illuminated signs on a background, the background must be opaque and a contrasting color.
3.
Neon window signs stating "Open" are allowed as specified in Sec. 8.4.4 C.
4.
Light emitting diodes (LED)'s are allowed as a light source in a manner that the LED is behind acrylic, aluminum or similar sign face and returns in such a manner that the LED modules are not visible from the exterior of the sign.
D.
External Illumination
1.
Lighting directed toward a sign must be shielded so that it illuminates only the face of the sign and does not shine directly onto the right-of-way or adjacent properties.
2.
Projecting light fixtures used for externally illuminated signs must be simple and unobtrusive in appearance, and not obscure the sign.
E.
Raceways and Transformers
1.
If a raceway is necessary, it must not extend in width or height beyond the area of the sign.
2.
A raceway must be finished to match the background wall or canopy, or integrated into the overall design of the sign.
3.
Visible transformers are not allowed.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.23. - Violations, Penalties
A.
Noncompliance No person may erect on any premises owned or controlled by that person any sign which does not comply with the standards of this Division.
B.
Dangerous or Defective No person may maintain or permit to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign must be removed or repaired by the permittee of the sign, the owner of the premises, or as otherwise provided for in this Division.
C.
Separate Violation Each sign installed, created, erected or maintained in violation of this Division is considered a separate violation when applying the penalty portions of this Section.
D.
Public Nuisance Any violation of this Division is hereby declared to be a public nuisance.
E.
Notice The Director must give the permittee 10 to 30 days written notice, based on the practical considerations of completing measures to comport with the standards of this Division, to correct the deficiencies or to remove the signs which are in violation of this Division. If the permittee refuses to correct the deficiencies or remove the sign, the Director will have the sign removed at the expense of the permittee.
F.
Citations If any sign or other device covered by this Division is, or is proposed to be, erected, constructed, altered, converted or used in violation of any provision of this Division, the Director will issue a citation. Additionally, the City may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. Any violation of this Division is an offense, and the violator is subject to a fine of up to $1,000.00, imprisonment for up to 6 days, or by both fine and imprisonment.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.4.24. - Removal of Signs
The following requirements apply to removal of unlawful or dangerous signs.
A.
Removal
1.
The City may order the removal of any sign in violation of this Division by written notice to the permit holder and the owner of the property.
2.
If a permit has been issued, such notice will operate to revoke the permit.
B.
Procedure Following Removal Order If the sign is not removed within the time allowable pursuant to this Division, the City will remove or cause to be removed the sign and collect the costs for the removal as provided below.
C.
Removal without Notice
1.
The City will remove any sign in violation of this Division without giving notice to any party, if:
a.
The sign is upon the public right-of-way or upon other public property; OR
b.
The sign poses an immediate safety to members of the public.
D.
Removal After Court Determination
1.
Other than signs located in a public right-of-way and signs constituting an immediate threat to the life or health of the public, a sign will be removed by the City after a final determination by a court that the sign is unlawful and should be removed.
2.
If the applicant or owner fails to remove the sign, the sign may be immediately removed and disposed of by the City.
E.
Removal of Abandoned Signs Any sign associated with a business which has ceased operations for 60 days or more must be removed by the property owner of record within 2 weeks of notification from the Department. The Department is required to provide official written notification to the property owner indicating the type and location of signs that require removal.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.5.1. - General
A.
Purpose and Intent The purpose and intent of this Section is to provide a regulatory strategy for outdoor lighting that will permit reasonable uses of outdoor lighting for nighttime safety, utility, security, productivity, enjoyment and commerce; curtail and reverse the degradation of the nighttime visual environment and the night sky; preserve the dark night sky for astronomy; minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting that is misdirected, excessive or unnecessary; conserve energy and resources to the greatest extent possible; and help to protect the natural environment from the damaging effects of night lighting from man-made sources.
B.
Conformance With Applicable Codes All outdoor illuminating devices must be installed in conformance with the provisions of this Development Code, the Building Code and the Electrical Code as applicable and under appropriate permit and inspection.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.5.2. - Applicability
A.
New Fixtures All lighting fixtures installed after the effective date of this Development Code must conform to all applicable standards and requirements of this Division.
B.
Existing Fixtures
1.
Routine maintenance, including changing the lamp, ballast, starter, photo control, fixture housing, lens and other required components, is allowed for all existing fixtures.
2.
The installation of site lighting, replacement of site lighting and changes to existing light fixture wattage, type of fixture, mounting or fixture location must be made in compliance with this Division.
C.
Additions When an existing building, use or site is increased in gross floor area or improved site area by more than 25% cumulatively over a period of 3 consecutive years, both the existing building, use or site and the additional floor or site area must conform to the lighting requirements of this Division.
D.
Change in Use A change in use does not trigger application of this Division.
E.
Exempt Lighting The following luminaires and lighting systems are exempt from these requirements:
1.
Lighting for swimming pools used at night;
2.
Underwater lighting used for the illumination of swimming pools and fountains;
3.
Temporary holiday lighting (for a period of no more than 30 days before the holiday and no more than 7 days after the holiday);
4.
Lighting required and regulated by the Federal Aviation Administration, or other federal, state or local agency;
5.
Emergency lighting used by police, fire, or medical personnel, or at their direction;
6.
All outdoor light fixtures producing light directly from the combustion of fossil fuels; and
7.
Security lighting controlled and activated by a motion sensor device for a duration of 10 minutes or less.
F.
Light Level Measuring
1.
Light levels are specified, calculated and measured in footcandles. All footcandles values are maintained footcandles.
2.
Measurements are to be made at ground level, with the light-registering portion of the meter held parallel to the ground pointing up.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.5.3. - Prohibited Lighting
The following lighting systems are prohibited:
A.
Aerial lasers;
B.
Temporary searchlights and other high-intensity narrow-beam fixtures;
C.
Mercury or sodium vapor lamps and other light sources that lack color correction or do not allow for uniform site lighting;
D.
Cobra-head-type fixtures having dished or drop lenses or refractors, which contain sources that are not LED;
E.
Blinking or flashing lights, rope lights or lights outlining architectural features (other than temporary holiday lighting); and
F.
Spotlights or floodlights mounted on any tree (other than temporary holiday lighting).
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.5.4. - Outdoor Lighting Design
A.
Design and Installation
1.
The maximum light level of any light fixture cannot exceed 0.5 footcandle measured at the property line of any Urban or Protected Neighborhood zoning district and 2.0 footcandles measured at the right-of-way line of a street.
2.
Lighting must not be oriented onto adjacent properties, streets or sidewalks.
3.
Service connections for all freestanding lighting fixtures must be installed underground.
B.
Parking and Pedestrian Areas
1.
Light fixtures within vehicle parking areas may be no higher than 30 feet.
2.
Light fixtures within pedestrian areas may be no higher than 15 feet.
3.
Light fixtures located within 50 feet of the property line of a Protected Neighborhood may be no higher than 15 feet. When pedestrian lighting is required along a street, light fixtures may be no higher than 15 feet.
4.
Light fixtures within 25 feet of a street right-of-way (not including an alley) must be forward throw fixtures.
5.
All light fixtures must be full cutoff, except as listed in paragraph F. below.
C.
Non-cutoff (unshielded) fixtures may be used when the maximum initial lumens generated by each fixture is less than 9,500 lumens. These fixtures generally feature globes or vertical glass planes and must be coated with an internal white frosting to diffuse light.
D.
Floodlights Floodlight fixtures must either be aimed down at least 45 degrees from vertical, or the front of the fixture shielded so that no portion of the light bulb extends below the bottom edge of the shield.
E.
Vehicular Canopies Lighting under vehicular canopies must be less than 24 footcandles and be designed to prevent glare off-site. Acceptable lighting designs include the following:
1.
Recessed Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the canopy;
2.
Shielded Light fixture incorporating shields or is shielded by the edge of the canopy itself, so that light is restrained to 5 degrees or more below the horizontal plane;
3.
Surface Mounted Surface mounted fixture incorporating a flat glass that provides a cutoff design or shielded light distribution; or
4.
Indirect Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy, provided the fixture is shielded so that direct illumination is focused exclusively on the underside of the canopy.
F.
Building Lighting
1.
Lighting fixtures must be selected, located, aimed and shielded so that direct illumination is focused exclusively on the building façade, plantings and other intended site features and away from adjoining properties and the street right-of-way.
2.
All wall pack fixtures must be full cutoff fixtures.
3.
Only lighting used to accent architectural features, landscape or art may be directed upward, provided that the fixture is located, aimed or shielded to minimize light spill into the night sky.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)
Sec. 8.5.5. - Special Uses
All lighting not directly associated with the special use areas designated below must conform to the lighting standards described in this Division.
A.
Outdoor Sports, Recreation Fields, or Performance Areas Lighting of outdoor recreational facilities (public or private), such as, but not limited to, outdoor athletic fields, courts, tracks, special event or show areas must meet the following requirements:
1.
Facilities designed for municipal leagues, elementary to high school levels of play, and training fields for recreational or social levels of play, college play, semi-professional, professional or national levels of play must use luminaires with minimal uplight consistent with the illumination constraints of the design. Where fully shielded fixtures are not used, acceptable luminaires include those which:
a.
Are provided with internal or external glare control louvers or lenses, and are installed so as to minimize uplight and offsite light trespass and glare; and
b.
Are installed and maintained so as to avoid aiming more than 2.5 times the mounting height.
2.
All lighting installations must be designed to achieve the illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA RP-6).
3.
The installation must also limit off-site spill (off the lot containing the sports facility) to the maximum extent possible consistent with the illumination constraints of the design. For all recreational or social levels of play and training fields, as well as, performance areas, illumination levels must not exceed 1.5 foot-candles at any location along any nonresidential property line, and 0.5 foot-candles at any location along any residential property line.
4.
All events must be scheduled to complete all activity no later than 10:30 p.m. Illumination of the playing field, court or track may be permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew due to unusual circumstances. Field lighting for these facilities must be turned off within 30 minutes after the last event of the night.
5.
All light poles must be set back the greater of 50 feet or 1 foot for every foot in height from any residential property line or right-of-way.
(Ord. No. 2023-12-24, § I(Att. A), 12-5-2023)