§ 108-43. Sustainable Community Mixed Use District.

(a)

Purpose. The purpose of the Sustainable Community Mixed Use District (MUD) is to advocate the creation and preservation of a distinct and visually harmonious community of choice that is compact, mixed-use and pedestrian friendly; and supports patterns of urbanization that are stimulating, safe and ecologically sustainable. It is further the purpose of this district to introduce urban planning techniques that will repair and transform the auto centric patterns of suburbia that produced unimaginative housing subdivisions, big box stores and a proliferation of parking areas into a complete community that is sustainable and more than capable of accommodating a diversity of income levels, building types, modes of transportation and open space. To this end, and as expressed in the comprehensive land use plan, this district seeks to enable, encourage and implement land development patterns that will purposefully integrate dwellings with open space, offices, schools and stores, resulting in the manifestation of a distinct and visually harmonious community of choice that is wholesome, sustainable and healthy.

(b)

Intent. The intent of this district is to create and to preserve a visually harmonious and orderly community that is compact, mixed-use and pedestrian friendly wherein:

(1)

An interconnected network of streets disperse traffic and reduce the length of automobile trips, while encouraging walking and bicycling as healthy and sustainable forms of transportation and recreation;

(2)

A diversity of uses enables a variety of economic, recreational, retail and residential activity;

(3)

The ordinary activities of daily living occurs within walking and bicycling distance of most dwellings, allowing independence to those who do not drive, while expanding the transportation options that are available to those who do drive;

(4)

A range of housing types and price levels accommodate diverse ages and incomes;

(5)

A range of open spaces accommodate various community recreational purposes; and

(6)

Architecture and landscape designs grown from local topography, history, climate and building technique.

(7)

This district is envisioned for usage within parcels that have a nexus with a state highway or other commercial corridor.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Frontage line means a property line bordering either a street or an open space. The exterior walls of a building facing a frontage line defines the public realm, and is therefore more regulated than the exterior walls facing other property lines.

Frontage line, principal, means the property line that is designated to bear the measure of the minimum lot width.

Frontage line, secondary, means the property line that is not designated as the principal frontage line.

Main open space means the primary outdoor gathering place for a community.

Mixed-use building means a building that provides a vertical mix of uses, with the first floor supplied with nonresidential uses and the upper floor occupied with residential uses.

Residential uses mean apartments or for sale as condominiums, townhomes and detached single-family homes or duplexes.

(d)

Streetscape standards.

(1)

General.

a.

All streets are intended for comingled use by vehicular, pedestrian and bicycle traffic, and to provide access to lots and open space.

b.

All streets shall intersect with, or terminate at, other streets in order to form a network. Cul-de-sacs shall only be permitted to accommodate natural environmental conditions that are specific to the site such as:

1.

A protected habitat;

2.

A protected wetland;

3.

A riparian corridor; or

4.

Surface waterbodies.

c.

Sidewalk width.

1.

All streets shall have sidewalks that are no less than five feet in width installed on both sides and be ADA compliant.

2.

In no such case shall any sidewalk be greater than 25 feet in width, unless approved by the community development director.

d.

Sidewalk landscaping strip.

1.

All streets shall have a sidewalk landscaping strip that is no less than four feet in width between the travel lane and the sidewalk.

2.

Stamped concrete shall be prohibited along all streets.

(2)

Specific to arterial and collector streets.

a.

The posted vehicle speed for all new arterial streets shall not exceed 35 miles per hour. Collector streets shall be 30 miles per hour.

b.

Bicycles are a sustainable and viable mode of transportation and recreation in the city. In furtherance of promoting bicycling as a sustainable and viable mode of transportation in the city, arterial streets with sufficient paving width to accommodate safe movement of bicyclists shall provide dedicated bicycle lanes that will satisfy the following:

1.

All such dedicated bicycle lanes shall be separated from vehicular travel and/or parking lanes by striped pavement markings which function as a buffer; and

2.

All such dedicated bicycle lanes shall be no less than five feet in width.

c.

Within the required sidewalk landscaping strip, the land developer or the landowner shall install pedestrian lighting fixtures at intervals of 50 feet, on center. Such pedestrian lighting fixtures shall be 14 feet in height, coated in black paint and shall be approved by the community development director.

d.

Within the required sidewalk landscaping strip, the introduced species of street trees shall be limited to the following:

1.

Red oaks;

2.

Bur oaks;

3.

Southern sugar maple;

4.

Green ash; or

5.

Or additional species if approved by the community development director or his designee.

e.

All street trees shall be planted on center within the required sidewalk landscaping strip, and equidistant (25 feet) between pedestrian lighting fixtures unless smaller trees are approved and given additional specifications. All street trees shall have a caliper no less than two inches at the time of planting, and shall be warranted by the land developer or the landowner for at least two years.

(3)

Specific to alleys.

a.

All alleys shall be private. An easement shall also be provided, and recorded within the deed covenants/restrictions that will allow access for emergency personnel, public safety personnel, public works personnel, et cetera.

b.

All alleys shall provide continuous access between two streets.

c.

All alleys shall be internal to the land development or infill proposal.

d.

All alleys shall be constructed, and paved with surface materials that are similar to the surface materials used to pave all streets.

(4)

Specific to multi-purpose trails. Multi-purpose trails shall be provided to connect open space with the built environment.

a.

With the exception of golf carts, the use of motorized vehicles shall be prohibited.

b.

Multi-purpose trails shall require an easement of no less than 30 feet in width.

c.

The maximum grade of multi-purpose trails shall be six percent.

d.

Multi-purpose trails shall require a pavement width of ten feet.

e.

Shoulders having a minimum width of five feet, and either mulched or planted with grass, shall be provided on both sides of the multi-purpose trail.

(e)

Lot dimensions and building height standards.

(1)

Unless specified otherwise in this section, each newly platted lot shall front at least one street. The portion of each newly platted lot fronting a street, unless specified otherwise in this section, shall be designated as its principal frontage line.

a.

For a newly platted lot sharing a property line with more than one street, one property line shall be designated as its principal frontage line, and the other property lines shall be designated as secondary frontage lines. Principal selection shall be determined based on surrounding neighborhood but may be altered based on existing topography or lot dimension.

b.

For all newly platted lots, the principal pedestrian entrance shall be on a principal frontage line.

(2)

Each newly platted lot shall be dimensioned according to table 1-A and table 1-B.

TABLE 1-A. RESIDENTIAL LOT DIMENSIONS

	Detached single-family dwelling	Townhouse dwelling	Multifamily dwelling
Lot size	5,000 square feet minimum (Must average 6,200 square feet throughout development)	2,000 square feet minimum	1 acre minimum
Lot width	50 foot minimum	25 foot minimum	100 foot minimum
Lot coverage	50 percent maximum	80 percent maximum	60 percent maximum
Front yard depth	5 foot minimum/40 foot maximum	5 foot minimum/15 foot maximum	5 foot minimum/15 foot maximum
Rear yard depth	35 foot minimum	35 foot minimum	35 foot minimum
Side yard, corner depth	5 foot minimum/30 foot maximum	5 foot minimum/15 foot maximum	5 foot minimum/15 foot maximum
Side yard, interior width	10 foot minimum	None if attached; and 5 foot minimum/20 foot maximum if detached	None if attached; and 20 foot minimum if detached

 

TABLE 1-B. NONRESIDENTIAL AND MIXED-USE LOT DIMENSIONS

	Nonresidential building	Mixed-use building
Lot size	6,000 square feet minimum	6,000 square feet minimum
Lot width	60 foot minimum	60 foot minimum
Lot coverage	75 percent maximum	75 percent maximum
Front yard	15 foot maximum	15 foot maximum
Rear yard	35 foot minimum	35 foot minimum
Side yard, corner	15 foot maximum	15 foot maximum
Side yard, interior	None if attached; and 20 foot minimum if detached	None if attached; and 20 foot minimum if detached

 

(3)

The height for all buildings shall be in accordance with table 2. The following shall also apply: In no such case shall any building that exceeds 35 feet in height be within 75 feet of any building that is 35 feet in height or less. This distance shall be measured from the nearest property line of any building proposed to exceed 35 feet in height or less.

TABLE 2. BUILDING HEIGHT

	Minimum	Maximum
Detached single-family dwellings	18 foot	45 foot
Townhouse dwellings	18 foot	45 foot
Multifamily buildings	18 foot	60 foot
Nonresidential buildings	18 foot	100 foot
Mixed-use buildings	18 foot	100 foot

 

(f)

Principal uses.

(1)

General.

a.

Principal uses shall be governed by the text approved by council.

b.

The residential density shall not exceed three dwellings per gross acre. Density bonuses shall be awarded based in accordance with the provisions at the end of this chapter.

c.

The nonresidential density shall not exceed 10,000 square feet of gross leasable floor per acre calculated based on total project size.

d.

Open space shall be required for all land development and infill proposals occurring on five or more acres of land. No less than 20 percent of the total acreage of the site shall be set aside as permanent open space in accordance with the mandatory legal provisions that are set forth in this section. Up to 25 percent of open space requirement may utilize land needed for drainage and retention. However, remaining open space shall not use more natural area.

e.

Unless otherwise specified in this section, all permitted principal uses shall be conducted within enclosed buildings.

(2)

Specific to detached single-family dwellings. Unless specified otherwise in this section, the minimum finished floor area for a detached single-family dwelling shall be at least 1,400 square feet heated and cooled.

(3)

Specific to townhouse dwellings.

a.

The minimum finished floor area for each townhouse dwelling shall satisfy the following:

1.

Two bedrooms: 1,000 square feet;

2.

Three bedrooms: 1,150 square feet; and

3.

Four bedrooms: 1,200 square feet.

b.

Each townhouse dwelling shall be properly equipped with a sprinkler system to be approved by the county fire marshal, and shall also be pre-wired for fire detection and an alarm system.

(4)

Specific to multifamily dwellings.

a.

The minimum finished floor area for each multifamily dwelling shall satisfy the following:

1.

One bedroom: 850 square feet;

2.

Two bedrooms: 1,000 square feet;

3.

Three bedrooms: 1,150 square feet; and

4.

Four bedrooms: 1,200 square feet.

b.

Each multifamily dwelling shall be properly equipped with a sprinkler system to be approved by the county fire marshal, and shall also be pre-wired for a security system.

c.

Stairways shall be internal to all multifamily buildings.

(5)

Specific to nonresidential uses.

a.

Each nonresidential use shall have no less than 1,000 square feet of gross leasable floor area.

b.

Stairways shall be internal to all nonresidential buildings.

(6)

Specific to mixed-use buildings.

a.

Density calculations.

1.

The residential density for mixed-use buildings shall be expressed in terms of dwellings per gross acre, and the nonresidential density for mixed-use buildings shall be expressed in terms of gross leasable floor area per net acre. The density for all residential uses shall not exceed three dwellings per gross acre plus any bonuses; and the density for all nonresidential uses shall not exceed 10,000 square feet of gross leasable floor area per gross acre.

2.

All residential uses shall be considered as equivalent to multifamily dwellings.

b.

Prohibitions.

1.

With the exception of pedestrian entrances and lobbies to residential uses only, in no case shall any residential uses be permitted on the first floor.

2.

The integration of residential and nonresidential uses on the same floor, within the same building, shall be prohibited.

c.

Additional standards and limitations.

1.

Uses shall be mixed such that at no time will residential uses be located below nonresidential uses.

2.

Stairways shall be internal to all mixed-use buildings.

(7)

Specific to open space.

a.

The permitted uses of open space shall be limited to the following only:

1.

Natural area. A natural area is a type of open space that is exposed to the open sky, and is made available for learning purposes and unstructured recreation. A natural area shall consist of natural environmental conditions to include, but shall not be limited to, lakes, meadows, ponds, natural rock outcroppings, reservoirs, riparian corridors, steep slopes, wildlife ecosystems, woodlands and all other similar natural characteristics and natural features. Natural areas may be independent of streets and buildings, and are encouraged to follow the lineal and natural trajectories of riparian corridors, wildlife corridors and woodlands. All natural areas shall be naturalistically disposed. Open shelters may be provided only if constructed from any combination of indigenous rock, natural stone or natural wood exterior finish material. All natural areas shall be accessed and traversed with pedestrian paths and/or bicycle trails that are constructed from environmentally sensitive or permeable surfaces to be approved by the community development director or his designee. There shall be no minimum or maximum size.

2.

Park. A park is a type of open space that is exposed to the open sky and is made available for unstructured or structured recreation. A park shall be spatially defined on at least two of its sides with a street or a building. A park may be formally or naturalistically disposed, with any combination of flowering plants, grass lawns, natural rock outcroppings, shrubbery and trees. Seating benches and litter receptacles that are of commercial quality shall be required for each park. Open shelters may be provided only if constructed from any combination of indigenous rock, natural stone or natural wood exterior finish material. Parks are encouraged to follow the lineal and natural trajectories of riparian corridors and woodlands. Where provided, all parks shall be no less than one acre in size, but no greater than ten acres in size.

3.

Playground. A playground is a type of open space that is exposed to the open sky, and is specifically made available for the recreation of children. A playground may be fenced, and may also include an open shelter that is constructed from any combination of indigenous rock, natural stone or natural wood exterior finish material. Playgrounds shall be confined to primarily residential environments, and may be included within natural areas and parks. There shall be no minimum or maximum size for playgrounds.

4.

Plaza. A plaza is a type of open space that is exposed to the open sky and is made available for unstructured recreation, programmed activities and civic purposes. All plazas shall be spatially defined on all sides with a street or a building containing nonresidential uses on the first floor. Plazas shall be formally disposed with any combination of flowering plants, grass lawns, shrubbery and trees; and public art in the form of a monument, statue, water feature or water fountain shall also be provided in the geographic center of the open space in further support of pedestrian activity. Seating benches and litter receptacles that are of commercial quality shall also be required for all plazas. A minimum of 50 percent and a maximum of 75 percent of the total area of a plaza, excluding sidewalks adjoining streets, shall be hard surfaced. Where provided, all plazas shall be at least one-quarter of an acre in size, but no greater than five acres in size.

5.

Pocket park. A pocket park is a type of open space that is exposed to the open sky, and is made available for unstructured recreation. A pocket park shall be spatially defined on all sides with a street or a building. Pocket parks shall be naturalistically disposed with any combination of flowering plants, grass lawns, natural rock outcroppings, shrubbery and trees. Where provided, all pocket parks shall be no less than one-quarter of an acre in size, but no greater than one-half acre in size.

b.

In no such case shall a principal building be more than 1,000 feet from a required, or a provided open space. This distance shall be measured from the nearest property line of said principal building to the nearest edge of such open space.

c.

With the exception of plazas, pedestrian paths, and bicycle trails, no more than 15 percent of the required, or provided open space, shall consist of impermeable surfaces, to include parking and loading space areas.

(8)

Additional limitations and standards for specific uses.

a.

Gasoline stations with convenience stores.

1.

Gasoline station canopies and pumps shall not be within 500 feet of a residential building. This distance shall be measured from the nearest property line of the gasoline station with a convenience store to the nearest property line of any residential building. Furthermore, North American Industry Classification System (NAICS) 44711 shall be adhered to.

2.

All lighting shall be shielded to direct light and glare onto the lot where the gasoline station with a convenience store is located.

b.

Housing developments for older persons (senior housing).

1.

Notwithstanding any provision for housing developments for older persons to the contrary, at least 75 percent of each building elevation for all dwellings and buildings shall be finished in any combination of brick, indigenous rock or natural stone as specified herein, with each building elevation being calculated independently.

2.

Outdoor storage is prohibited.

c.

Retail and restaurant establishments.

1.

Restaurants shall front onto a street classified as a collector or arterial.

2.

Alcoholic beverages shall only be sold as part of a full service meal.

d.

Automotive parts and repairs. Minor automotive repair and maintenance shall be allowed pursuant to North American Industry Classification System (NAICS) 44131. Major repair and service shall be prohibited as defined in NAICS 8111.

e.

Automotive sales. All structures associated with sales shall follow the requirements as set forth in NAICS 441110.

(g)

Accessory uses.

(1)

General. Accessory uses customarily incidental and subordinate to the principal building and located on the same lot, shall be permitted.

(2)

Location. Accessory structures shall be located in the rear yard only.

(3)

Additional architectural standards.

a.

Accessory structures shall match the architectural aesthetic of the principal building.

b.

Accessory structures shall be enclosed or shaded with a pitched roof.

(4)

Additional limitations and standards for home occupations. A home occupation shall be clearly secondary in use to a detached single-family dwelling or a multifamily dwelling, and shall only consist of interior operations and not utilize lot area.

(h)

Special use permits. Certain uses within this district may require the approval of a special use permit.

(i)

Housing mix.

(1)

At least 85 percent of the residential mix shall be allocated towards the construction of detached single-family dwellings; and

(2)

No greater than 15 percent of the residential mix shall be allocated towards the construction of townhouses, condominiums, duplexes or similar multifamily dwellings.

(j)

Property owners' associations. All land development and infill proposals occurring on five or more acres of land shall establish a property owners' association. Membership within the property owners' association shall be mandatory for all landowners and their successors in interest. The documents establishing the property owners' association shall be recorded with the clerk of the superior court of the county, and shall also be submitted to the city prior to the issuance of any certificate of occupancy. The mandatory property owners association, at a minimum, shall be responsible for the maintenance of common areas and open space as follows:

(1)

Common areas. The mandatory property owners' association shall be responsible for the maintenance of all common areas, to include the following:

a.

Alleys;

b.

Amenity areas;

c.

Buffers;

d.

Fencing;

e.

Landscaping;

f.

Opaque walls; and

g.

Parking and loading areas.

(2)

Open space. The mandatory property owners' association shall be responsible for the maintenance of all required open space. The instrument for the permanent protection of all required open space shall incorporate restrictions on the uses of open space that are contained in this district, as well as any further restrictions found necessary by the community development director or his designee to provide for the adequate long-term protection of open space consistent with the intent of this district. All required open space shall be permanently protected in accordance with one of the following legal mechanisms:

a.

A permanent conservation easement that is in favor of one of the following; if the entity accepting the easement is not the city, then a third party right of enforcement in favor of the city shall be included in the easement:

1.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence, and the conveyance of such instruments shall contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions.

2.

A governmental entity with an interest in pursuing the goals compatible with the purpose and intent of this article.

b.

As set forth in O.C.G.A. § 44-5-60(c), as amended, a permanent or restrictive covenant for conservation purposes in favor of a governmental entity.

c.

An equivalent legal tool that provides for permanent protection and is approved by the city attorney.

(k)

Architectural standards. In furtherance of the purpose and the intent of this district, the architectural standards herein specify the configurations and techniques for building elevations, openings, roofs and other architectural elements. These architectural standards are intended to produce visual compatibility among disparate building types and uses. Because urban quality is enhanced by architectural coherence, but is not necessarily dependent on it, the provisions of these architectural standards range from liberal to strictly deterministic. To this end, the architectural aesthetic of all new buildings, and the restoration and renovation of all existing buildings, shall satisfy the following:

(1)

The principal pedestrian entrance providing access into each first floor use shall be architecturally distinguished from the other portions of the building elevation through the incorporation of accentual lighting fixtures, awnings, door patterns, glass and/or other similar architectural elements.

(2)

Blank, and unarticulated exterior walls shall be prohibited. Exterior walls facing frontage lines shall be architecturally modulated to reduce the scale of the building to human scaled proportions, and to provide for visual interest. To accomplish this, variations in architectural modulations shall occur at intervals that are no greater than 40 feet in distance.

(3)

The exteriors of all buildings shall express the construction techniques and the structural constraints of traditional and long-lasting building wall materials. With the exception of openings for doors and windows, the schedule of exterior finish materials for all buildings within this district shall be limited to: brick, cementitious board (fiber cement board panels and planks), indigenous rock, natural stone, natural wood shake, natural wood shingles, natural wood siding and/or Portland cement plaster and lathe systems (stucco).

(l)

Sign standards.

(1)

In addition to the regulations below all signage shall conform with section 108-242.

(2)

Specific to primary ground signs.

a.

Residential primary ground signs.

1.

With the exception of the sign faces only, all residential primary ground signs shall be made of brick, rock, stone, or painted wood.

2.

Sign faces on residential primary ground signs shall be made of painted wood or metal.

3.

Sign faces made of cardboard, foam, paper, plastic, unpainted wood, or similar materials are prohibited.

b.

Nonresidential primary ground signs.

1.

With the exception of the sign faces only, all nonresidential primary ground signs shall be made of brick, rock, or stone.

2.

Sign faces on residential primary ground signs shall be made of painted wood or metal.

3.

Sign faces made of cardboard, foam, paper, plastic, unpainted wood, or similar materials are prohibited.

4.

Nonresidential primary ground signs shall not exceed 12 feet in height.

(m)

Screening standards.

(1)

Detention facilities and ponds. All detention facilities and ponds shall be appropriately screened from pedestrian view from all frontage lines and off-street parking and loading areas. Except for detention facility and pond entrances, all detention facilities and ponds shall be enclosed with an opaque wall that is not less than four feet in height, and that is constructed from an indigenous rock or a natural stone finish material. A black vinyl chain link fence may also be used to satisfy the detention facility and pond visual screening requirement, provided that the black vinyl chain link fence is not less than four feet in height, and is also completely screened by dense evergreen vegetation or trees that are no less than four feet in height at the time of planting and will effectively screen the black vinyl chain link fence and facility. All detention facilities and ponds shall also satisfy the following:

a.

Unless specified otherwise in this section, in no case shall detention facilities and ponds be permitted in front yards.

b.

In no case shall any detention facility or pond be located within 100 linear feet of any principal residential building. This distance shall be measured from the nearest property line boundary of any such residential building to the nearest point of the detention facility or pond, including the required visual screening materials.

c.

In lieu of the detention facility and pond screening requirements, the land developer or the landowner may incorporate detention facilities and ponds into the required landscaping plan for the site as a community amenity or a water feature, in which case, any such detention facilities and ponds may be placed in the front yard and shall not be subject to the visual screening requirements specified herein.

(2)

Mechanical service elements. All mechanical service elements such as air conditioning units, communications equipment, condensers, exhaust vents, generators, HVAC mechanical equipment systems or other related elements that are located at finished grade shall be completely screened from all frontage lines and off-street parking and loading areas with either dense evergreen hedges, or an opaque wall constructed from a brick, indigenous rock or natural stone finish material that is of an appropriate height and matches the architectural aesthetic of the building.

(3)

Off-street parking and loading areas. All off-street parking areas shall be appropriately screened from all frontage lines with dense evergreen hedges or an opaque wall constructed from a brick, indigenous rock or natural stone finish material that matches the architectural aesthetic of the building. All dense evergreen hedges and opaque walls shall be a minimum of 30 inches in height and a maximum of 42 inches in height, unless otherwise approved by the community development director or his designee.

(4)

Loading dock and service areas. All loading dock and service areas shall be located in the rear yard only. All loading dock and service areas shall be screened from abutting properties with landscaping to include any combination of dense evergreen vegetation, natural rock outcroppings, and trees or an opaque wall constructed from a brick, indigenous rock or natural stone finish material that matches the architectural aesthetic of the building. All such screening shall be of an appropriate height to conceal loading dock and service areas from view.

(5)

Underground utilities. All utilities shall run underground. The community development director or his designee may approve an exception to this provision if subsurface rock or other unique physical hardship makes such installation infeasible. If an exception is approved by the community development director or his designee, then all utilities shall be placed in the rear yard only.

(n)

Landscaping standards.

(1)

All front yards shall either be planted in sod, or naturalistically disposed with landscaping consisting of trees and any combination of flowering plants, grass lawns, natural rock outcroppings or shrubbery.

(2)

Fences shall be made from a natural wood finish material that is oiled, painted, stained or varnished or from wrought iron that matches the architectural aesthetic of the principal building (or an equivalent or a superior finish material that faithfully simulates the aesthetic appearance and construction quality of natural wood). Fences that are provided for the front yard shall not exceed four feet in height, and fences provided for the rear and side yards shall be a minimum of four feet in height and a maximum of eight feet in height, unless otherwise approved by the community development director or his designee.

(3)

Garden walls shall be made from a brick, indigenous rock or natural stone finish material that matches the architectural aesthetic of the principal building. A garden wall may be made from dense evergreen hedges as well. All gates in garden walls shall be made from either a natural wood finish material or wrought iron. Gates shall be no larger than necessary to allow automobile or pedestrian access. The height of all garden walls shall satisfy the following:

a.

Garden walls that are provided for front yards shall be no less than three feet in height, and no taller than six feet in height, unless otherwise approved by the community development director or his designee in order to allow interior occupants to secure increased privacy for front yards.

b.

Garden walls that are provided for rear and side yards shall be no less than six feet in height, and no taller than eight feet in height, unless otherwise approved by the community development director or his designee in order to allow occupants to secure increased privacy for rear and side yards.

(4)

Mass grading for the construction of detached single-family dwellings shall be prohibited. Rather, all grading for the construction of detached single-family dwellings shall follow the natural contours of the lot to minimize human disruptions and visual disruptions to the topography, and to create the impression of a matured landscape.

(5)

Land development shall be prohibited on slopes that are in excess of 25 percent.

(6)

Where required due to the natural environmental conditions of the site, all retaining walls shall be faced with a brick, indigenous rock or natural stone finish material. Retaining walls that are greater than four feet in height shall be appropriately screened from pedestrian view from all frontage lines and parking areas with dense evergreen plantings.

(7)

All on-site lakes, ponds, reservoirs and other similar bodies of water, and riparian corridors, shall remain exposed and open to the sky, undisturbed by intrusive human activity, and incorporated into the landscaping plan for the site or special area plan as a community amenity.

(o)

Parking standards.

(1)

Parking calculations.

a.

Each detached single-family dwelling shall be assigned at least two parking spaces located side-by-side and covered in a garage.

b.

Townhouse/condo dwelling.

1.

Each townhouse/condo dwelling shall be assigned at least two parking spaces located side-by-side.

2.

All parking spaces for townhouse dwellings shall be covered in a garage.

c.

Each duplex, quadplex or other single story multifamily dwelling shall be assigned at least one, but no more than three parking spaces.

(2)

Parking locations. Parking spaces for detached single-family dwellings may be located in the front, rear or side yards on a surfaced area.

(3)

On-street parking.

a.

On-street parking is prohibited within 25 feet of street intersections.

b.

On-street parking may be provided on either one side, or both sides of the street with a minimum street width of 24 feet.

(4)

Shared parking. Shared parking shall be calculated according to the provisions in section 108-275.

(5)

Bicycle parking.

a.

All bicycle racks shall be capable of securing bicycles with at least two points of contact.

b.

All bicycle racks shall be securely anchored to the ground.

(6)

Specific to garages. Garages may either be attached or detached from a dwelling.

a.

All detached garages shall match the architectural aesthetic of the dwelling.

b.

Garages with access openings facing a street shall be set back a minimum of ten feet from the front building elevation of the principal building.

c.

Garages with access openings facing an alley shall be setback a minimum of ten feet from the alley edge of pavement.

d.

Garage doors shall have decorative designs that match the architectural aesthetic of the dwelling.

e.

In no such case shall any garage door with access openings facing frontage lines exceed ten feet in width.

(7)

Specific to parking lots.

a.

Pedestrian entrances to all parking lots shall be directly from a frontage line.

b.

Parking lots shall be screened from all frontage lines.

(p)

Procedure for review.

(1)

Pre-application conference. Prior to filing an application for a land disturbance permit, the applicant should schedule a conference with the community development director to discuss the standards and procedures that apply.

(2)

Concept plan application. The applicant shall prepare a concept plan, and submit an application with said concept plan to the community development director on a form provided by the department. The concept plan shall represent the conceptual design of the property to be developed, and all contiguous property that is within the property developer's ownership or control. Concept plans shall include the following information:

a.

Statement of intent. A written narrative describing the proposed development and explaining how it meets the purpose and intent of this article and the city comprehensive plan.

b.

Concept plan. All applications shall be accompanied by the required copies of a plan drawn to a designated scale no smaller than one inch equals 100 feet, and certified by a professional engineer, landscape architect or land surveyor licensed by the state, presented on a sheet having a maximum size of 24 inches by 36 inches, and one½ inch by 11-inch reduction of the plan. If presented on more than one sheet, match lines shall clearly indicate where the several sheets join. Such plat shall contain the following information:

1.

The name, address and telephone number of the owner and the person or entity that prepared the concept plan/special area plan;

2.

Boundaries of the entire property, with bearings and distances of the perimeter property lines;

3.

Current zoning;

4.

Total area of the property in acres;

5.

Scale and north arrow, with north, to the extent feasible, oriented to the top of the plat and on all supporting graphics;

6.

Vicinity map;

7.

Banks of streams, lakes and other water bodies;

8.

Delineation of any floodplain designated by FEMA, United States Geological Survey, or the city; the delineation of any jurisdictional wetlands, as defined by section 404 of the Federal Clean Water Act;

9.

Location and extent of any significant historic or archaeological feature, grave, object or structure marking a place of burial, if known, and a statement indicating how the proposed development will preserve the feature and provide access to it during and after construction;

10.

A delineation of all existing structures and whether they will be retained or demolished;

11.

Property development density and lot sizes for each dwelling unit type;

12.

Designation of minimum lot areas and yards;

13.

Location, character and amount of development, by type of use;

14.

Building use, location, square footage, density and building height for all parcels of land;

15.

Off-street parking and loading space areas, points of access to the public rights-of-way and motor vehicular circulation patterns within the subject property;

16.

Areas to be held in joint ownership, common ownership or control and the proposed method of control and management of these areas;

17.

Indication that the property is served by public water and/or sewer or private water and/or septic field and location of all existing or proposed utility easements having a width of ten feet or more;

18.

Conceptual plans for drainage with approximate location and estimated size of all proposed stormwater management facilities and a statement as to the type of facility proposed;

19.

Location and width of required transitional buffers at external site boundaries;

20.

Location, where applicable, of proposed trails, recreation areas, parks, schools, libraries, churches and other public or community uses, facilities or structures on the site or adjacent to the site;

21.

Location and approximate extent (in acres) of open space and recreation facilities;

22.

Public rights-of-way, any required or proposed improvements to the public rights-of-way and delineation of the existing centerline of all streets abutting the property, including dimensions from the existing centerline to the edge of the pavement and to the right-of-way;

23.

Width of right-of-way and paved sections of all internal streets and sidewalks.

24.

A landscaping plan including a tree survey indicating caliper size of existing canopy. Pines shall be omitted; and

25.

Seal and signature of professional person preparing the plan.

(3)

Concept plan review. The community development director shall review the concept plan with respect to its conformity to each of the standards and requirements of this section, and shall prepare a written report documenting the approval or disapproval of the concept plan within ten working days of receipt of the complete concept plan. This report shall document the reasons for disapproval, if disapproved.

(4)

Approval.

a.

If approved, the project shall be forwarded on to the planning and zoning commission. All development on the subject property shall conform to the approved concept plan once enacted by the city council.

b.

Concept plans shall be valid for no more than 180 days from the date of approval. If development plans for the subject property are not submitted within said time period, then the concept plan shall be void.

(5)

Resubmission. If the concept plan is disapproved, the development proposal shall not proceed until the applicant submits a revised concept plan that meets the standards of this section, and addresses the reasons for disapproval in a manner that is satisfactory to the community development director or his designee.

(q)

Density bonus.

(1)

Calculation. Density bonus shall be awarded as a percentage of the gross allowable density. For example, if the gross density was 150 developable dwellings a ten percent bonus would net 15 additional dwellings for a total density of 165 dwellings. Each bonus may result in an increase up to ten percent. No more than three or 30 percent total shall be awarded.

(2)

Considerations. The following items, if achieved, can result in awards of net density. No more than three bonuses can be awarded per project:

a.

Exceeding open space requirements by 20 percent;

b.

Providing at least 50 percent of all dwellings with rear entry garages;

c.

Exceeding the landscape requirements by planting 30 percent more trees;

d.

Incorporating multi-use trails throughout project and link or provide future link for outside paths;

e.

Providing 20 percent more than the required parking spaces in residential areas;

f.

Inclusion of alleys in 50 percent of dwellings;

g.

Prohibition of any residential improvements in floodplains or wetlands; or

h.

Exceeding the average lot size by 20 percent.

(Code 2004, § 152.039; Ord. No. 1709, 8-28-2017)