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STOCKBRIDGE PLANNING COMMISSION BOARD MEMBERS Trameka Walker, Chair Vacant, Vice-Chair Planning Commission Meeting Agenda September 17, 2026 6:30 PM Meeka Douglas Sharonda Gardner Lisa Glenn Darryl Thompson ADMINISTRATION Ryan Anderson Community Development Director Veronica Green Chief Planner Linda Logan Senior Planner, Secretary Gordon Linton, Senior Planner Brennen Reilly, GIS Analyst / Planner II Valerie Ross, Attorney STOCKBRIDGE CITY HALL 4640 NORTH HENRY BLVD. STOCKBRIDGE, GA 30281 Website: www.stockbridgega.org Phone: 770-389-7900 Fax: 770-389-7912 AGENDA PLANNING COMMISSION MEETING CITY OF STOCKBRIDGE THURSDAY, SEPTEMBER 17, 2026 6:30 PM I. Call to Order II. Invocation III. Pledge of Allegiance IV. Roll Call V. Adoption of the Agenda VI. Approval of Minutes - August 20, 2026 Summary Minutes PC Summary Minutes for August 20, 2026 VII. Public Hearing Item # 1 - ZONING MODIFICATION CASE #ZM-2026-02. (Council District 4.) Consideration of a major zoning modification request for the property at 55 Valley Hill Road to allow for changes to the previously-approved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on November 13, 2023. The cases included 1) Comprehensive Plan Amendment Case #CP-2023-02 (which changed the property’s future land use designation to High-Density Residential); 2) Rezoning Case #RZ-2023-03 (which assigned the zoning district of MFR (Multiple Family Residential) to the property; and 3) Variance Case #VR-2023-02 (which approved a variance to reduce the front yard setbacks of the townhome lots from the required 50 feet in the MFR district to 30 feet). The previous applicant / owner / developer for CP2023-02, RZ-2023-03, and VR-2023-02 was D. R. Horton, Inc., represented by Tiffany Hogan. The previously-approved, 149-unit townhome development was not built, and the property was sold to a new owner. Now, a new applicant, Yashesh Shah of Shree Developers Group (represented by Asia Mosee) wishes to build a revised townhome development with 91 units. Further, the applicant proposes to subdivide the subject property into two parcels for the purpose of building on the southern parcel only and selling the northern parcel. The applicant is therefore requesting the approval of a major zoning modification from RZ-2023-03 to allow for the approval of a revised site plan which shows the development of the southern portion of the property only. The zoning and future land use designation of the property would not change. The current property owner is OTAC Development Group, LLC. The property is located in Land Lot 69 of Land District 12, and it contains 24.908 +/acres within the Stockbridge City Limits. The applicant is proposing to build the townhome development on 11.311 acres within the southern portion of the property, south of the existing creek. Presented by: Linda Logan Page | 3 Item # 2 - ZONING MODIFICATION CASE #ZM-2026-03. (Council District 4.) Consideration of a major zoning modification request for the property at 4882 North Henry Boulevard to allow for changes to the previously-approved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on February 12, 2024; and to request the removal of five (5) zoning conditions that were included with the rezoning of the property. The cases included 1) Comprehensive Plan Amendment Case #CP-2023-09 (which changed the property’s future land use designation to Medium-Density Residential), Rezoning Case #RZ-2023-10 (which rezoned the property to MFR (Multiple Family Residential); and Variance Case #VR-2023-06 (which granted a variance to reduce the front yard setbacks of the townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet). The previous applicant for CP2023-09, RZ-2023-10, and VR-2023-06 was Forestar (USA) Real Estate Group, Inc., represented by J. Alexander Brock of Smith, Gambrell, & Russell, LLP. The previously-approved, 90-unit townhome development was not built, and the property was sold to a new owner. Now, a new applicant, Aaron Rissler of Apex Stockbridge, LLC, represented by Sara Shirk of Falcon Design, wishes to build a revised townhome development with 90 units. The applicant is requesting the approval of a major zoning modification from Ordinance #RZ-2023-10 to allow for the approval of a revised site plan, and to request the removal of five (5) of the twelve (12) zoning conditions that were required as part of the approval of RZ-2023-10. The five zoning conditions which the applicant is requesting to be removed are listed below (numbered from the ordinance). 1. Site Plan—The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled, “North Henry Townhomes: Forestar Zoning Plan”, which was prepared by Atwell Group on 12/01/23 and received by the Planning and Zoning Staff on 12/04/23. [Note: The site plan showed the provision of a swimming pool and a clubhouse.] 4. Waste Collection—A consolidated waste collection system shall be used, with no individual waste receptacles being permitted. 5. Architectural Design: a. All townhome units shall have brick on at least three sides. [The applicant requests a replacement condition stating that the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting.] b. [No change.] c. This shall be a gated community. September 17, 2026 6:30 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900 Page | 4 6. Rental Units—No more than 10 percent of the townhome units may be rented at any one time. The zoning and future land use designation of the property would not change. The current property owner is Apex Stockbridge, LLC. The property is located in Land Lot 60 of Land District 12, and it contains 15.601 +/- acres within the Stockbridge City Limits. Presented by: Linda Logan Item # 3 - UPDATE TO THE CITY OF STOCKBRIDGE UNIFIED DEVELOPMENT CODE. Consideration of a resolution to allow for a major update to the City of Stockbridge’s Unified Development Code (UDC) for the purposes of allowing for more innovative uses; for including more relevant standards; for making various clarifications; and for other purposes. A draft update has been prepared by a consultant, in collaboration with the Community Development Department Staff and the UDC stakeholder committee. The update would revise the previouslyadopted UDC from March 14, 2022 and its subsequent amendments. Its approval and adoption would result in a new UDC version to become effective upon the City Council’s adoption in 2026, and it would replace all previous versions of the UDC. Presented by: Veronica Green VIII. Project Updates IX. Staff Comments X. Board Comments XI. Adjournment September 17, 2026 6:30 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389-7900 1 City of Stockbridge Mission: To provide visionary leadership and superior municipal services that enhance the quality of life for citizens while creating a welcoming business atmosphere focused on sustainability and expansion of tourism and cultural events. SUMMARY MINUTES PLANNING COMMISSION THURSDAY, AUGUST 20, 2026 AT 6:30 p.m. _________________________________________________________________________________________________________ BOARD MEMBERS: Trameka Walker, Chairperson (District 5) Meeka Douglas, Vice Chairperson (District 4) Lisa Glenn (At Large) Sharonda Gardner (District 2) Darryl Thompson (District 3) Mills Johnson (District 1) ADMINISTRATION: Ryan Anderson, Community Dev. Director Valerie Ross, City Zoning Attorney Veronica Green, Chief Planner Gordon Linton, Principal Planner Linda Logan, Senior Planner / PC Secretary Mark Aniadaga, Senior Planner Brennen Reilly, GIS Analyst / Planner II ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. ROLL CALL: Present: Absent: ~ Trameka Walker _____X_____ __________ ~ Meeka Douglas ___________ ____X_____ ~ Lisa Glenn _____X____ __________ ~ Sharonda Gardner _____X____ __________ ~ Darryl Thompson __________ ____X____ ~ Mills Johnson _____X____ _________ City of Stockbridge, GA Planning Commission Summary Minutes for August 20, 2026 2 A quorum of members was achieved. V. ADOPTION OF THE AGENDA It was noted that the applicant for ZM-2026-03 at 4882 North Henry Boulevard had submitted to the Staff a deferral request letter on August 19, 2026. Lisa Glenn therefore made a motion to adopt a revised agenda to remove ZM-2026-03 from consideration. Mills Johnson seconded the motion. A vote was taken, and the revised agenda was unanimously adopted. VI. APPROVAL OF MINUTES – August 6, 2026 Summary Minutes. Lisa Glenn made a motion to adopt the Planning Commission Summary Minutes from August 6, 2026, and Sharonda Gardiner seconded the motion. A vote was taken, and the Minutes were unanimously adopted. VII. ZONING MODIFICATION CASE #ZM-2026-02. (Council District 4.) Consideration of a major zoning modification request for the property at 55 Valley Hill Road to allow for changes to the previously-approved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on November 13, 2023. The cases included 1) Comprehensive Plan Amendment Case #CP-2023-02 (which changed the property’s future land use designation to High-Density Residential); 2) Rezoning Case #RZ-2023-03 (which assigned the zoning district of MFR (Multiple Family Residential) to the property; and 3) Variance Case #VR-2023-02 (which approved a variance to reduce the front yard setbacks of the townhome lots from the required 50 feet in the MFR district to 30 feet). The previous applicant / owner / developer for CP-2023-02, RZ-2023-03, and VR-2023-02 was D. R. Horton, Inc., represented by Tiffany Hogan. The previously-approved, 149-unit townhome development was not built, and the property was sold to a new owner. Now, a new applicant, Yashesh Shah of Shree Developers Group (represented by Asia Mosee), wishes to build a revised townhome development with 91 units. Further, the applicant proposes to subdivide the subject property into two parcels for the purpose of building on the southern parcel only and selling the northern parcel. The applicant is therefore requesting the approval of a major zoning modification from RZ-2023-03 to allow for the approval of a revised site plan which shows the development of the southern portion of the property only. The zoning and future land use designation of the property would not change. The current property owner is OTAC Development Group, LLC. The property is located in Land Lot 69 of Land District 12, and it contains 24.908 +/- acres within the Stockbridge City Limits. The applicant is proposing to build the townhome development on 11.311 acres within the southern portion of the property, south of the existing creek. To be presented by the Community Development Staff. City of Stockbridge, GA Planning Commission Summary Minutes for August 20, 2026 3 Staff Presentation--Linda Logan gave a PowerPoint presentation of ZM-2026-02. She explained that a townhome development was previously approved for this property by a different developer, but that the project was not built. Further, the previous developer had received an administrative zoning modification to allow the non-provision of a road crossing over the creek due to anticipated flooding and other environmental problems. Now, a new developer wanted to build a smaller townhome development on the southern portion of the property only. The subject property, which currently extends from Valley Hill Road to the north down to Davis Road to the south, would first be subdivided into two parcels, and only the new southern parcel, south of the creek, would be developed. Board Question--Sharonda Gardner asked for clarification on the determination of the infeasibility of the road crossing across the creek. Ms. Logan explained that the engineer for the previous developer had determined that, due to the insufficiency of the existing culvert under the railroad tracks, flooding was likely to occur if a road were to be constructed over the creek. The previous applicant then applied for, and was granted, an Administrative Zoning Modification by the Staff to eliminate the requirement to build a road across the creek. Ms. Gardner then asked whether the engineer for the current applicant had done a separate study of the creek, or whether she had relied upon what the previous engineer had determined. Ms. Logan was not sure, and she said that perhaps the applicant’s engineer could answer that question. Ms. Gardner also asked about the applicant’s plans to subdivide the property, to build on the southern portion only, and to sell off the northern portion. Ms. Logan confirmed that that was her understanding. Applicant’s Presentation--Asia Browner Mosee’, P.E., gave a short presentation on behalf of the applicant. She stated that the applicant was requesting a zoning modification from a previously-approved site plan for 149 townhome units; but that now, the applicant wanted to shrink that down to a 91-unit “Davis Road Townhomes” development on 11.31 acres on the southern portion of the property only. Ms. Mosee’ said that due to the existing shallow rock on the northern portion of the property, it would be extremely difficult and costly to build foundations for townhomes. Although there were some issues with the railroad culvert, the presence of the shallow rock was enough for the applicant to decide not to build on the northern portion of the property. Regarding the proposed density of the project, Ms. Mosee’ explained that due to the property’s future land use designation of High-Density Residential, the applicant needed to build a high-density development. Further, the proposed 91 units would have a density of 8.04 units per acre, which is just above the minimum threshold of 8 units per acre for High-Density Residential. That is why the applicant is not proposing to build single-family homes. There would be a 30-foot yard setback, a 20-foot rear yard setback, and a 20-foot building separation. There would be two project entrances instead of just one (off Davis Road), and they would be used by the community and by emergency vehicles. Amenities would include a pool, a dog park, and a walking trail. An 8-foot landscaped buffer would be provided along Davis Road as a screening so that the proposed townhomes would blend in better with the surrounding single-family homes. In addition, 25-foot landscaped buffers would be provided adjacent to the townhomes (on the eastern and western sides of the property). Ms. Mosee’ showed some sample renderings, and she said that the buildings would have brick facades. City of Stockbridge, GA Planning Commission Summary Minutes for August 20, 2026 4 Board Questions: 1. Trameka Walker—Ms. Walker asked about what would be done with the non-buildable northern portion of the property. Asia Mosee’ replied that the applicant has not yet purchased the property, and the applicant would only purchase and build on the southern portion. Ms. Walker also asked about the proposed price point of the townhomes. Ms. Mosee’ thought that it would be in the $300,000 to $400,000 price range, but she could not confirm that. Ms. Walker asked whether there was a “maturation date” for the finalization of the project. Ms. Mosee’ said that it would be within the next twelve months because the applicant has to close on the property in December. Building would start right away. Ms. Walker also asked about the percentage of units to be lease-to-own, and Ms. Mosee’ said that “everything would be fee simple.” 2. Sharonda Gardner—Ms. Gardner asked about the buffer between the northern and southern portions of the property. Would construction activity disturb the creek or the culvert, potentially causing a flood from the creek? Asia Mosee’ replied that the Georgia EPD requires a 50-foot buffer off of the creek, and that the City also imposes an additional impervious 25-foot buffer off of that 50-foot buffer, so grading activity may occur, but no hard surfaces may be put into the buffer. Thus, there would be no disturbance in the creek. The issue with the culvert was building on top of it. The purpose of the stormwater pond is to detain water, so water will be discharged into the creek, but it would be less volume of water because of the pond than before development occurs. Public Hearing: 1. Mary Scott of 112 Creek Circle—Ms. Scott asked whether any other engineering studies had been done to determine the effects on the culvert under the railroad tracks when the proposed roads within the development are built. She expressed concerns about flooding and children crossing the railroad tracks on the way to the adjacent park to the east. Trains do not blow their horns in that area. Also, she said that it seemed that Ms. Browner had described a retention pond rather than a detention pond, with stagnant water remaining on the property near the creek. Ms. Scott wondered whether the applicant, who does not yet own the property, has license to do these engineering studies. She wanted this case to be deferred until these questions could be answered. 2. Gwen Mack of 377 Grove Hill Drive—Ms. Mack asked whether a traffic study had been done for the proposed development. She said that there was currently an overdevelopment of residential uses within Council District 4, and she wanted a moratorium to be placed on development activity within Council District 4. 3. J. Nafemah Peck of 180 Davis Road—Ms. Peck was concerned about welfare, health, and safety issues regarding the growth of traffic on Davis Road and the surrounding area, including traffic due to people visiting the Amphitheater. She saw the presence of the railroad as being a safety, health, and nuisance for children, and having an entrance there would stagnate the traffic. How would the noise of construction affect residents of Davis Road? Also, 91 units would be too many for that area. City of Stockbridge, GA Planning Commission Summary Minutes for August 20, 2026 5 Applicant’s Clarifications—Asia Mosee’ provided several clarifications: a) Stormwater management—Ms. Mosee’ made a distinction between water “retention” and water “detention.” She explained that the state of Georgia requires that a certain amount of water be retained on the site. If that cannot be achieved, then the developer would need to provide some sort of water quality measure. For this project, the developer is still in the preliminary phase of that, and all of the appropriate calculations need to be done before it can be determined whether retention is achievable on this site in order for a permit to be issued. Ms. Mosee’ explained that the difference between retention and detention is that retention retains, but it still also detains. Not all of the water can be retained, but not all of it can be detained, so some water would still be discharged into the creek. Detention is purely just slowing down the water, but no water would be retained on the site. In both scenarios, there would still be a small trickle of water being released. b) Traffic Study—Ms. Mosee’ said that the applicant was not initially required to prepare one. But last week, after hearing all of the concerns about traffic, the applicant decided to order the preparation of a traffic study to ease the concerns of the community. Before the next meeting, the applicant hopes to have the traffic study completed. c) Buffers—Ms. Mosee’ said that, based off of the previously-approved plans, there was a requirement to provide a 10-foot-wide buffer adjacent to the railroad right-of-way. There is a lot of room between the railroad and the property line, and there would be an additional 10-foot buffer off of that. d) Construction Noise—Ms. Mosee’ said that typically, contractors are only allowed to work during a certain time period, so there should not be any construction at unreasonable times of the day. 4. J. Nafemah Peck of 180 Davis Road (second time)—Ms. Peck wanted to know what those hours would be for construction to start and end, and she asked whether that would include weekends. Ms. Mosee’ replied that weekends are typically not allowed, and that weekday hours are normally from 9:00 a.m. to 5:00 p.m. Board Action for ZM-2026-02—Lisa Glenn made a motion to table ZM-2026-02 until the next Planning Commission meeting, and Mills Johnson seconded the motion. A vote was taken, and ZM-2026-02 was unanimously deferred until September 17, 2026. VIII. ZONING MODIFICATION CASE #ZM-2026-03. (Council District 4.) Consideration of a major zoning modification request for the property at 4882 North Henry Boulevard to allow for changes to the previously-approved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on February 12, 2024; and to request the removal of five (5) zoning conditions that were included with the rezoning of the property. The cases included 1) Comprehensive Plan Amendment Case #CP-2023-09 (which changed the property’s future land use designation to Medium-Density Residential), Rezoning Case #RZ-202310 (which rezoned the property to MFR (Multiple Family Residential); and Variance Case #VR-2023-06 (which granted a variance to reduce the front yard setbacks of the townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet). The previous applicant City of Stockbridge, GA Planning Commission Summary Minutes for August 20, 2026 6 for CP-2023-09, RZ-2023-10, and VR-2023-06 was Forestar (USA) Real Estate Group, Inc., represented by J. Alexander Brock of Smith, Gambrell, & Russell, LLP. The previously-approved, 90-unit townhome development was not built, and the property was sold to a new owner. Now, a new applicant, Aaron Rissler of Apex Stockbridge, LLC, represented by Sara Shirk of Falcon Design, wishes to build a revised townhome development with 90 units. The applicant is requesting the approval of a major zoning modification from Ordinance #RZ-2023-10 to allow for the approval of a revised site plan, and to request the removal of five (5) of the twelve (12) zoning conditions that were required as part of the approval of RZ-2023-10. The five zoning conditions which the applicant is requesting to be removed are listed below (numbered from the ordinance). 1. Site Plan—The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled, “North Henry Townhomes: Forestar Zoning Plan”, which was prepared by Atwell Group on 12/01/23 and received by the Planning and Zoning Staff on 12/04/23. [Note: The site plan showed the provision of a swimming pool and a clubhouse.] 4. Waste Collection—A consolidated waste collection system shall be used, with no individual waste receptacles being permitted. 5. Architectural Design: a. All townhome units shall have brick on at least three sides. [The applicant requests a replacement condition stating that the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting.] b. [No change.] c. This shall be a gated community. 6. Rental Units—No more than 10 percent of the townhome units may be rented at any one time. The zoning and future land use designation of the property would not change. The current property owner is Apex Stockbridge, LLC. The property is located in Land Lot 60 of Land District 12, and it contains 15.601 +/- acres within the Stockbridge City Limits. To be presented by the Community Development Staff. The Board members had removed this case from the agenda by adopting a revised agenda, since the applicant had submitted a deferral request letter. But since this case was legally advertised in the newspaper for a public hearing, Ms. Walker read the case into the record. City of Stockbridge, GA Planning Commission Summary Minutes for August 20, 2026 7 XIII. PROJECT UPDATES To be presented by the Community Development Staff. No action is required. There were no project updates. XIV. STAFF COMMENTS To be presented by the Community Development Staff. No action is required. There were no staff comments. XV. BOARD COMMENTS There were no Board comments. XVI. ADJOURNMENT Sharonda Gardner made a motion to adjourn the meeting, and Lisa Glenn seconded the motion. A vote was taken, and the meeting was unanimously adjourned. Chairperson Walker declared that the meeting was adjourned at 7:29 p.m. City of Stockbridge, GA Planning Commission Summary Minutes for August 20, 2026 Henry County, GA Overview Legend Parcels Roads 458 ft Parcel ID Property Address District S18-02002005 4882 NORTH HENRY BLVD City/Stockbridge TAD Class Commercial Owner Acreage 15.58 Address QMS ENTERPRISES LP & QUILLIAN GEORGE W&CYNTHIA 1482 N DECATUR RD ATLANTA, GA 303062423 Land $1,947,500 Value: Building $206,300 Value: Misc $3,300 Value: Total $2,157,100 Value: Last 2 Sales Date Price Reason Qual 7/31/1999 $0 U U 11/1/1985 $84,500 U U Parcel lines depicted on the maps do not re ect a true and exact representation of property boundaries and should not be relied upon for said purpose. Property boundary lines are depicted on recorded plats available at the Henry County courthouse or can be determined by employing the services of a licensed surveyor. Date created: 7/29/2026 Last Data Uploaded: 7/29/2026 6:43:32 PM Developed by DAVIS ROAD TOWNHOMES STOCKBRIDGE, GEORGIA A thoughtfully designed residential community combining modern architecture, resort-style amenities and a walkable neighborhood plan. C O N C E P T P R E S E N TAT I O N PROJECT SNAPSHOT A compact, amenity-forward townhome community The zoning modification plan establishes a high-quality residential layout along Davis Road with integrated open space and community amenities. 91 11.31 8.04 TOWNHOME LOTS SITE ACRES UNITS / ACRE 24′ MIN. LOT WIDTH Key Site Standards 30 ft Front setback 20 ft Rear setback 20 ft Building separation Davis Rd Primary frontage Source: Zoning Modification Plan, 55 Valley Hill Rd / Davis Rd, Stockbridge, GA DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 2 COMMUNITY PLAN A connected neighborhood organized around amenities The plan uses looped internal streets, multiple open-space pockets and a central amenity area to create a cohesive residential environment. PLAN HIGHLIGHTS 91 townhome lots Pool and outdoor lounge area Pickleball court Dog park Walking connections and landscaped open space Stormwater management integrated at the north edge DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 3 SITE & ZONING Concept aligned to the submitted zoning modification plan The official plan shows the townhome area concentrated along Davis Road, with the northern portion of the property identified separately for subdivision and sale. SITE DATA ADDRESS 55 Valley Hill Rd / Davis Rd PRODUCT Townhomes LOT COUNT 91 MIN. LOT WIDTH 24 ft GROSS DENSITY 8.04 units/acre STORMWATER Dedicated management area Submitted zoning modification package dated July 13, 2026. DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 4 ARCHITECTURE Modern townhomes with a timeless material palette Brick-forward facades, dark window packages and varied roof forms establish a cohesive upscale streetscape. D E S I G N C H A R AC T E R • Brick and masonry-forward elevations • Black garage doors and window frames • Varied gables and rooflines • Landscaped front entries • Strong curb appeal at dusk and daytime DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 5 R E S O R T- S T Y L E A M E N I T I E S Designed to make the community feel like a destination A central pool environment and recreation spaces create a strong lifestyle component for residents. POOL • PICKLEBALL • DOG PARK • TRAILS DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 6 COMMUNITY EXPERIENCE More than housing — a complete neighborhood setting The landscape, architecture and amenity program work together to create a distinctive sense of arrival and long-term community value. BEAUTIFUL ARCHITECTURE DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA • RESORT-STYLE AMENITIES • WALKING TRAILS • WELCOMING ENTRANCE CO NCE P T P RE S EN TAT ION 7 DAVIS ROAD TOWNHOMES A modern residential community envisioned for Stockbridge, Georgia. 91 TOWNHOMES COMMUNITY | AMENITY-RICH SHREE DEVELOPERS GROUP | WALKABLE DAVIS ROAD TOWNHOMES STOCKBRIDGE, GEORGIA A thoughtfully designed residential community combining modern architecture, resort-style amenities and a walkable neighborhood plan. C O N C E P T P R E S E N TAT I O N PROJECT SNAPSHOT A compact, amenity-forward townhome community The zoning modification plan establishes a high-quality residential layout along Davis Road with integrated open space and community amenities. 91 11.31 8.04 TOWNHOME LOTS SITE ACRES UNITS / ACRE 24′ MIN. LOT WIDTH Key Site Standards 30 ft Front setback 20 ft Rear setback 20 ft Building separation Davis Rd Primary frontage Source: Zoning Modification Plan, 55 Valley Hill Rd / Davis Rd, Stockbridge, GA DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 2 COMMUNITY PLAN A connected neighborhood organized around amenities The plan uses looped internal streets, multiple open-space pockets and a central amenity area to create a cohesive residential environment. PLAN HIGHLIGHTS 91 townhome lots Pool and outdoor lounge area Dog park Walking connections and landscaped open space Stormwater management integrated at the north edge DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 3 SITE & ZONING Concept aligned to the submitted zoning modification plan The official plan shows the townhome area concentrated along Davis Road, with the northern portion of the property identified separately for subdivision and sale. SITE DATA ADDRESS 55 Valley Hill Rd / Davis Rd PRODUCT Townhomes LOT COUNT 91 MIN. LOT WIDTH 24 ft GROSS DENSITY 8.04 units/acre STORMWATER Dedicated management Updated area zoning modification plan dated August 7, 2026. DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 4 ARCHITECTURE Modern townhomes with a timeless material palette Brick-forward facades, dark window packages and varied roof forms establish a cohesive upscale streetscape. D E S I G N C H A R AC T E R • Brick and masonry-forward elevations • Black garage doors and window frames • Varied gables and rooflines • Landscaped front entries • Strong curb appeal at dusk and daytime DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 5 R E S O R T- S T Y L E A M E N I T I E S A signature pool amenity designed for relaxation and community The resort-style pool and lounge space create a strong lifestyle centerpiece for residents. POOL AMENITY DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA CO NCE P T P RE S EN TAT ION 6 COMMUNITY EXPERIENCE More than housing — a complete neighborhood setting The landscape, architecture and amenity program work together to create a distinctive sense of arrival and long-term community value. BEAUTIFUL ARCHITECTURE DAV IS R OA D TOW N H O M E S | STO CK BRI D GE , GE OR GIA • RESORT-STYLE AMENITIES • WALKING TRAILS • WELCOMING ENTRANCE CO NCE P T P RE S EN TAT ION 7 DAVIS ROAD TOWNHOMES A modern residential community envisioned for Stockbridge, Georgia. 91 TOWNHOMES COMMUNITY | AMENITY-RICH SHREE DEVELOPERS GROUP | WALKABLE All that tract or parcel of land lying in Land Lot 69, 12th district, Henry County, Georgia, being more particularly described as follows: Commencing at the intersection of Davis Road (50’R/W) and Landover Drive; thence, North 22 Degrees 23 Minutes 41 Seconds West to a ½” rebar on the Eastern Right of Way of Davis Road, said point being the True Point of Beginning; thence, leaving the Eastern Right of Way North 50 Degrees 04 Minutes 26 Seconds East a distance of 254.24 feet to a ½” rebar; thence, North 01 Degrees 01 Minutes 09 Seconds West a distance of 214.18 feet to a ½” rebar; thence, North 01 Degrees 01 Minutes 09 Seconds West a distance of 596.38 feet to a ½” rebar; thence, South 89 Degrees 11 Minutes 23 Seconds East a distance of 640.08 feet to a ½” rebar on the Southern Right of Way of Valley Hill Road (80’ R/W); thence, following said Right of Way with a curve turning to the left with an arc length of 101.99 feet, with a radius of 621.24 feet, with a chord bearing of South 68 Degrees 27 Minutes 06 Seconds East, with a chord length of 101.88 feet, to a point; thence, South 73 Degrees 39 Minutes 05 Seconds East a distance of 190.41 feet to a point on the Western Right of Way of Norfolk Southern Railway (150’R/W); thence, following said Right of Way; thence, South 17 Degrees 01 Minutes 54 Seconds West a distance of 92.33 feet to a point; thence, South 18 Degrees 15 Minutes 06 Seconds West a distance of 510.57 feet to a point; thence, South 17 Degrees 44 Minutes 20 Seconds West a distance of 104.87 feet to a point; thence, South 16 Degrees 29 Minutes 44 Seconds West a distance of 61.12 feet to a point; thence, with a curve turning to the left with an arc length of 98.03 feet, with a radius of 2084.15 feet, with a chord bearing of South 15 Degrees 09 Minutes 31 Seconds West , with a chord length of 98.02 feet to a point; thence, following with a curve turning to the left with an arc length of 631.99 feet, with a radius of 1459.81 feet, with a chord bearing of South 01 Degrees 43 Minutes 48 Seconds West, with a chord length of 627.06 feet to a ¾” open top; thence, leaving the Western Right of Way of Norfolk Southern Railway North 89 Degrees 45 Minutes 41 Seconds West a distance of 173.15 feet to a ½” rebar; thence, North 00 Degrees 14 Minutes 19 Seconds East a distance of 34.40 feet to a ½” rebar; thence, North 89 Degrees 45 Minutes 41 Seconds West a distance of 65.55 feet to a ½” rebar; thence, South 49 Degrees 10 Minutes 24 Seconds West a distance of 52.37 feet to a ½” rebar; thence, North 89 Degrees 45 Minutes 41 Seconds West a distance of 76.78 feet to a ½” rebar on the Eastern Right of Way of Davis Road; thence, following said Right of Way with a curve turning to the left with an arc length of 168.92 feet, with a radius of 1458.40 feet, with a chord bearing of North 35 Degrees 11 Minutes 18 Seconds West, with a chord length of 168.82 feet to a point; thence, North 39 Degrees 40 Minutes 22 Seconds West a distance of 571.71 feet to a ½” rebar, said point being True Point of Beginning Said Tract contains 24.841 Acres more or less All that tract or parcel of land lying in Land Lot 69, 12th district, Henry County, Georgia, being more particularly described as follows: Commencing at the intersection of Davis Road (50’R/W) and Landover Drive; thence, North 22 Degrees 23 Minutes 41 Seconds West to a ½” rebar on the Eastern Right of Way of Davis Road, said point being the True Point of Beginning; thence, leaving the Eastern Right of Way North 50 Degrees 04 Minutes 26 Seconds East a distance of 254.24 feet to a ½” rebar; thence, North 01 Degrees 01 Minutes 09 Seconds West a distance of 214.18 feet to a ½” rebar; thence, South 84 Degrees 40 Minutes 35 Seconds East a distance of 123.03 feet to a point in the centerline of a creek; thence, along the centerline of the creek in a southeasterly direction for a distance of 688’ more or less to a point in the centerline of the creek, said creek being subtended by the following tie line, South 58 Degrees 37 Minutes 28 Seconds East a distance of 611.98 feet to a point on the Western Right of Way of Norfolk Southern Railway (150’R/W); thence, following said Right of Way with a curve turning to the left with an arc length of 631.99 feet, with a radius of 1459.81 feet, with a chord bearing of South 01 Degrees 43 Minutes 48 Seconds West, with a chord length of 627.06 feet to a ¾” open top; thence, leaving the Western Right of Way of Norfolk Southern Railway North 89 Degrees 45 Minutes 41 Seconds West a distance of 354.96 feet to a ½” rebar on the Eastern Right of Way of Davis Road; thence, following said Right of Way with a curve turning to the left with an arc length of 168.92 feet, with a radius of 1458.40 feet, with a chord bearing of North 35 Degrees 11 Minutes 18 Seconds West, with a chord length of 168.82 feet to a point; thence, North 39 Degrees 40 Minutes 22 Seconds West a distance of 571.71 feet to a ½” rebar, said point being True Point of Beginning Said Tract contains 11.311 Acres more or less Shree Real Estate Developers 5400 Laurel Springs Parkway Suwanee, GA 30024 770-789-7044 Date: 7/14/2026 City of Stockbridge Planning & Zoning Department 4640 North Henry Boulevard Stockbridge, GA 30281 Re: Request for Modification to Site Plan approved on August 4, 2025 Former Project Address: 55 Valley Hill Rd Dear Planning & Zoning Department, This letter serves as a request for a modification to the previously approved site plan for the abovereferenced property, which received approval on August 4, 2025. The originally approved plan was for the development of a 24.908-acre parcel consisting of 149 townhome units. Since that approval, additional due diligence and site analysis have been performed. As a result, we have determined that a revised site plan is necessary to better respond to existing site conditions as well as community considerations. We will be subdividing the existing property into two parcels and proceed with development on the southern portion of the site only and selling the northern portion of the site. A significant factor influencing this revision is the presence of shallow rock across the majority of the northern portion of the property, which makes development in that area infeasible from both a practical and economic standpoint. The new site layout includes the following: • • • • • • Revised Development Area (Southern Parcel): 11.311 acres Proposed Unit Count: 91 townhomes Zoning Classification: MFR (Multifamily Residential) Proposed Gross Density: 8.04 units per acre Amenities: Swimming Pool, Dog Park, Mulch trail Open Space: 31.3% (15% min) To ensure esthetic compatibility with adjacent single-family homes, we are proposing an enhanced 8-foot landscape buffer along the Davis Road frontage. This buffer will provide visual screening and create a more compatible transition between the proposed townhomes and the surrounding neighborhood. This revised plan represents a thoughtful refinement of the originally approved development by reducing the overall intensity, responding to existing site constraints, and enhancing community features. The proposed changes ensure the project remains consistent with the City’s planning goals while improving compatibility with the surrounding area. We respectfully request your review and approval of this site plan modification. Please feel free to contact us if additional information or clarification is needed. Sincerely, Yashesh Shah Shree Real Estate Developers Shree Real Estate Developers 5400 Laurel Springs Parkway Suwanee, GA 30024 770-789-7044 Date: 6/23/2026 City of Stockbridge Planning & Zoning Department 4640 North Henry Boulevard Stockbridge, GA 30281 Re: Request for Modification to Site Plan approved on August 4, 2025 Former Project Address: 55 Valley Hill Rd Dear Planning & Zoning Department, This letter serves as a request for a modification to the previously approved site plan for the abovereferenced property, which received approval on August 4, 2025. The originally approved plan was for the development of a 24.908-acre parcel consisting of 149 townhome units. Since that approval, additional due diligence and site analysis have been performed. As a result, we have determined that a revised site plan is necessary to better respond to existing site conditions as well as community considerations. We are proposing to subdivide the existing property into two parcels and proceed with development on the southern portion of the site, while no longer developing the northern portion at this time. A significant factor influencing this revision is the presence of shallow rock across the majority of the northern portion of the property, which makes development in that area infeasible from both a practical and economic standpoint. The new site layout includes the following: • • • • • • Revised Development Area (Southern Parcel): 11.311 acres Proposed Unit Count: 91 townhomes Zoning Classification: MFR (Multifamily Residential) Proposed Gross Density: 8.04 units per acre Amenities: Swimming Pool, Pickle Ball Court, and Dog Park Open Space: 31.3% (15% min) To ensure esthetic compatibility with adjacent single-family homes, we are proposing an enhanced 8-foot landscape buffer along the Davis Road frontage. This buffer will provide visual screening and create a more compatible transition between the proposed townhomes and the surrounding neighborhood. This revised plan represents a thoughtful refinement of the originally approved development by reducing the overall intensity, responding to existing site constraints, and enhancing community features. The proposed changes ensure the project remains consistent with the City’s planning goals while improving compatibility with the surrounding area. We respectfully request your review and approval of this site plan modification. Please feel free to contact us if additional information or clarification is needed. Sincerely, Yashesh Shah Shree Real Estate Developers E 126.21' 87 88 89 90 1 91 2 3 4 5 37 6 38 39 40 7 8 9 571.71' N 39°40'22"W 41 42 10 11 43 12 44 45 46 21 86 19 18 17 13 14 15 C1 85 20 Lin e 23 ee Tr 22 x. 16 N ' STORMWATER MANAGEMENT 71 31 30 29 27 26 "W 1 '4 ' 5 °4 .78 9 8 76 N "W 1 '4 ' 5 5 °4 3.1 9 8 17 OVERALL OVERALL ZONING MODIFICATION PLAN F TP "O 3/ 4 25 DAVIS ROAD - 80' R/W per ref. #1 0 160 DAVIS DR 55 VALLEY HILL RD, STOCKBRIDGE, GA 36 24 ro DB me N o 7 W rF PB 588 . Mi 24 , P tche ,P G ll G 303 , Jr. 7 36 75 28 Je 83 s e 1 r 49 48 47 53 52 51 ct50 c A a r T 44 .2 1 1 ro 79 Ap p 78 S 77 " RB 82 62 61 BS 34 55 54 63 "R 33 56 64 1/ 2 32 57 65 1/2 80 66 ed 59 58 72 67 * 84 73 68 Sh 60 70 69 L2 er Buff e v i t a eget ack 50' V Setb s u rvio mpe 75' I 76 75 74 S RB 81 g " 1/2 F RB 6 Alon L3* 2" 1/ C4 oc k 3' R 3'x rt lve Cu L8 er t pe 4 M Bu etal ild ing UP 4 E B 111 #11) H T (D ot e UP M Bu etal ild ing De A ck Bu ttac ild hed ing LEGEND 113 S PERRY STREET SUITE 206 13926 LAWRENCEVILLE, GA 30046 2 .2 57 ' ing ild u A B as ppro Po ph x. alt di rc lap h ida Po rc h /W R ' ) 50G 341 1 - ,P AYB 1111 L6 D LW d( I n a A ) R G 34 N R 12 P U G 8), (see n O S ,P K (PB 2 L O 7), RF PG NOr (PB 2 A dir ppro ec x. tio cu n lv L7 s S 128.03' +/88' el P. In O.C an ters S d L ect 22 an ion °2 do o 3'4 ve f D 1" r D av E r is 13 ive Ro ad 3. 45 ' F RB 2 re t c Ac a Tr 597 . 13 Gr av 2" 1/ S In SMH Ou : 79 : 8 t: 8.5 09 79 7' .6 2' 8. 37 ' ck etba S s rviou mpe I er ' 5 7 Buff e v i t a eget 50' V 54 .8' 2" 1/2 RB " R F B 18 RB F 1/ 2" RB Ap F pe pro r D x. B 20 84 ' W 32 a UP , P te r G Ea 19 se 3 m en t Un i DB ty B N o 28 apt r F 58 ist , P Ch G ur 25 ch 6 ' 1/ 17 254.24' N 50°04'26"E 40' 2" 1/ DB Kri N s 19 ta L or F 32 . L 8, es PG te 16 r 52 6E4 " 3 08 . 0 N 7. ail F 38 o ' o un n d@ lin e ins 1/2" ide RB R/ W 8 12 19 DB San N or 1 dr PB 074 a J. F 22 4, P Mil , P G ler G 34 30 7 F RB 8 LANDOVER DRIV 30 X FH PG X P.O.B. 1/2" RBF X 22 , N or F Gregory Vinson DB 17584, PG 251 X B /W R X rP N or F IIF SFR LP DB 19209, PG 279 PB 22, PG 30 X pe X N or F Jachin Wallace Jr. DB 19192, PG 2055 8' O "E 5 '3 ' 0 3 °4 3.0 4 8 12 .1 K A R I C U O S 14 W2 9" E L C S '0 01 ° 01 TH 40 N Know what's below. Call 811before you dig. M se arsh e no y ar te ea #1 3 ely DB n D N o 82 arle r F 82 ne ,P B G rin 22 so 8 n 8' .3 96 W5 9" '0 1 °0 01 Ev 2" 1/ na DB ro G 19 uzm 29 a 6, n A PG lv 51 arad 6 o Ge 1'2 1 9° .1' * N R S 63 L1 C3 C2 te d UP L5 UP UP UP D L O UP A. . F.KR/W AD 80' O R DL IL OA H Y T Rref. #1 E LL LAN per A L4 V SP GA 7 12 .0' TYPICAL LOT DETAIL (1"=40') C °3 E) S 58 (TIE LIN 9 E11. 6 " 8 7'2 PL CL is k e e 8' Cr 80 Feet ZM-1 Ap pr ox .L LL CH A CO E AG T S Cu l ve rt ck Ro 3'x 3' C4 m 75' I PL ' 8 9 . 1 o l 1 A E 6 " +/8 ' 8 2 7' E) 68 3 ° S 58 (TIE LIN er r ng C ff u B e tativ e eg V ' 0 5 is C L k ee 113 S PERRY STREET SUITE 206 13926 LAWRENCEVILLE, GA 30046 s iou v r e p ck a b t Se STORMWATER MANAGEMENT 50' V e s ck a b t Se ativ t e g e iou v r e p m 75' I 70 69 72 73 75 74 76 27 26 79 4 5 6 7 8 9 10 11 12 13 14 15 X OT 4" 3/ e Lin L3* ZONING MODIFICATION PLAN ee Tr * L2 S 1/ 1/ C1 0 DAVIS ROAD - 80' R/W 20 40 Feet RB R/ W per ref. #1 /2 " R DRIVE FH 1/ X 571.71' N 39°40'22"W N W " 4' 1 5 8' 4 ° 7 . 9 8 76 DAVIS DR 55 VALLEY HILL RD, STOCKBRIDGE, GA X 91 3 S 8 X 90 2 2" 1/2 RB " R F B X 1 16 el X 89 17 Gr av P. In O.C an ters S d L ect 22 an ion °2 do o 3'4 ve f D 1" r D av E riv is R 13 e oa 3. d 45 ' 1/ X 88 18 S F RB 86 N Je ro DB me N o 75 W. r F PB 88 Mi 24 , P tche ,P G ll G 303 , Jr. 7 21 ox . 38 39 40 W " 4' 1 ' 5 5 4 1 ° . 89 173 RB 37 2" 36 1/ 128.03' 36 19 87 126.21' 18 34 20 X 12 33 44 45 46 85 2" X Know what's below. Call 811before you dig. 32 22 X 17 X 40' X N 50°04'26"2E54.24' X 84 43 41 42 23 Ap pr X 83 24 B R " 2 X 82 25 Sh ed 55 54 56 S 57 PF s e 1 r 49 48 47 51 50 t 52 c 53 c a A r T 44 .1 2 1 B 2" R F RB 59 58 60 81 1/ 8' R C ' 28 2" .1 P.O.B. 1/2" RBF TYPICAL LOT DETAIL (1"=40') 29 75 SS In MH Ou : 79 : 8 t: 8.5 09 79 7' .6 2' 8. 37 ' 30 78 4 21 "W 09 N or F Gregory Vinson DB 17584, PG 251 62 61 77 1' N or F Jachin Wallace Jr. DB 19192, PG 2055 63 31 °0 01 F SFR LP 9209, PG 279 B 22, PG 30 64 65 L 1 * N n 10 dra PB 74 J. 22 4, P Mil , P G ler G 34 30 7 68 66 71 80 DB 67 C2 E " 5 3 ' ' 0 3 4 ° 3.0 4 8 12 S LEGEND er f f u B ZM-2 Course Bearing Distance C1 Rad: 1458.40' Tan: 84.55' Chd: N 35°11'18" W Rad: 1459.81' Tan: 321.02' Chd: S 01°43'48" W Rad: 621.24' Tan: 51.11' Chd: S 68°27'06" E Rad: 2084.15' Tan: 49.03' Chd: S 15°09'31" W A: 168.92' CA: 6°38'10" 168.82' A: 631.99' CA: 24°48'17" 627.06' A: 101.99' CA: 9°24'24" 101.88' A: 98.03' CA: 2°41'42" 98.02' C2 C3 C4 Course Bearing Distance L1* L2* L3* L4 L5 L6 L7 L8 N 00°14'19" E N 89°45'41" W S 49°10'24" W S 73°39'05" E S 17°01'54" W S 18°15'06" W S 17°44'20" W S 16°29'44" W 34.40' 65.55' 52.37' 190.41' 92.33' 510.57' 104.87' 61.12' NOTES: 1. Field Data: This survey was conducted using GPS, static and real time kinematic methods. A relative positional precision, for horizontal measurements, of less than 0.07' + 50ppm at the 95% confidence interval was achieved. 2. Field Measurements were taken with a Carlson BRx7, dual frequency receiver base station and rover on 05-28-2026, 05-29-2026 and were adjusted using the Least Squares Method. 3. Bearings are based on Grid North, Ga West Zone, NAD 83 and established using a Carlson BRx7, dual frequency receiver base station and rover. 4. Plat Precision: 1'/359,594', Tract 2: 1'/736,403'. 5. The public records referenced hereon reflect only those records necessary to establish the boundaries hereon, and reference to the same does not and is not intended to constitute a title search or title opinion. 6. This property is not located in a Flood Hazard Area as indicated on F.I.R.M. No. 13151C0086D, dated 10-06-2016. 7. Building setbacks and buffers may not be shown hereon. They are governed by the local jurisdiction and should be confirmed prior to land planning or construction activities. 8. Tax Parcel: S16-01006000 9. Zoning: MFR 10. UTILITIES NOTE: The locations of underground utilities shown hereon are approximate and are based on above ground evidence. The location, type, size, depth, and existence of all underground utilities should be field verified prior to any construction related activities. 11. RIGHT OF WAY NOTE: PB 6, PG 47 labels the railway right of way with a width of 180 feet. However, the measurements provided in PB 6, PG 47, iron pins found in the field, and adjoining property records indicate that the railway right of way is 150 feet wide. A title analysis is recommended to confirm the right of way width for the railway. 12. Elevations are based on NAVD88 and were established using a Carlson BRx7, dual frequency receiver base station and rover. GPS positions were solved using the NOAA Online Positioning User Service. 13. Evidence of state waters was observed during the course of this survey. However, should a qualified environmental engineer or county agency determine that state waters do exist, county and state buffers will apply. * New property line created to convey area to adjacent owner. S 89°11'23"E 640.08' Approx. LLL 1/2" RBF 1/2" RBF UP C3 L4 ' 57.2 Buil ding UP Approx. dilapidated asphalt Porch 127 .0' Deck Metal Building UP 63.1 ' L6 Tract 2 13.597 Acres UP Marshy area see note #13 Metal Building 54.8 75 . .B BF O P. 2" R 1/ eta tiv 1/2" RBF ou sS eB uff etb er L7 (PB eg N ac 4' k ' 2 4. 8.03 5 2 2 1 E 6" 2 ' 1/2" RBF 04 50 NOR F ' Im per 'V 75 OLK 8 50 3'x3' Rock Culvert Approx. culvert direction ' 21 . 26 1 SSMH: 806.84' In: 792.82' Out: 792.62' P.O.C Intersection of Davis Road and Landover Drive S 22°23'41" E 133.45' W "W 22 R/ 0' 0' °4 39 - 81 N AD ef. # RO per r IS D 68 S 5 ' +/- A 8° lon 37 g C ' (TI 28" reek EL E 6 CL is IN E) 11.9 PL 8' Tract 1 11.244 Acres V DA N LA k L8 n F so 1 or in 25 N ry V PG go 84, re G 175 DB R E OV E IV R D SSMH: 809.62' In: 798.57' Out: 798.37' 18 FH SSMH: 805.44' In: 796.14' Out: 795.94' ac ° 128 SSMH: 810.62' In: 799.62' Out: 799.42' etb eB uff er rvi ' 40 tiv pe 17 sS eta C4 per PB 22, PG 30 rvi ou 'V eg N 01°01'09"W 214.18' 9 F P . or L 27 Jr 5 N R G SF 9, P 30 or F lace 205 IIF 20 , PG N al G W P 19 22 n 2, i ch 919 DB PB a J 1 DB OAK CIRCLE SOUTH - 40 R/W ' Im pe 50 19 N or F Sandra J. Miller DB 10744, PG 347 PB 22, PG 30 ' S 24 P G 7) OUTH , (PB ERN 24, PG RAI 8), ( LWA DB Y-1 (see 11112 PG note 50' R 34) #11) and /W (DB 111 12, PG 34 N 01°01'09"W 596.38' Attached Building 1/2" RBF Approx. LLL UP Porch S 84°40'35"E 123.03' TA G ECO A UP Approx. 20' Water Easement per DB 8432, PG 193 N or F Evelyn Darlene Brinson DB 8282, PG 228 OL DS VAL GAS LEY HI L PLA NT L ROAD ROA F.K. UP p D er re A. f. #1 - 80' R/W UP N or F Unity Baptist Church DB 2858, PG 256 L5 N or F Krista L. Lester DB 19328, PG 1652 REFERENCES: 1. Warranty Deed granted to OTAC Development Group, LLC, dated 02-04-2013, recorded in Deed Book 12947, Page 251-253, further described on a Survey for Richard A. Holcomb, by Metro Engineering and Surveying Co., Inc., dated 07-25-1974, and recorded in Plat Book 6, Page 47. 1) N or F Genaro Guzman Alvarado DB 19296, PG 516 CH R OA D CLERK OF THE COURT FILING INFORMATION 1' 1.7 C2 57 SSMH: 795.49' In: 789.79' Out: 789.59' Gravel 1/2" RBS 1/2" RBF * L3 S RB L2* Shed L1* 1/2" 1/2 "R C1 BS 75' Approx. Tree Line 1/2" RBS N 89°45'41"W 3/4" OTPF 173.15' Nail Found @ 1/2" RB 7.38' on line inside R/W N 89°45'41"W 76.78' SSMH: 785.01' In: 778.16' Out: 777.96' N or F Jerome W. Mitchell, Jr. DB 7588, PG 303 PB 24, PG 7 SURVEYOR'S CERTIFICATE: As required by subsection (d) of O.C.G.A. Section 15-6-67, this plat has been prepared by a land surveyor and approved by all applicable local jurisdictions for recording as evidenced by approval certificates, signatures, or statements hereon. Such approvals or affirmations should be confirmed with the appropriate governmental bodies by any purchaser or user of this plat as to intended use of any parcel. Furthermore, the undersigned land surveyor certifies that this plat complies with the minimum technical standards for property surveys in Georgia as set forth in the rules and regulations of the Georgia Board of Registration for Professional Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. Revised 07-10-2026 to address county comments and add parent parcel. 06-03-2026 ________________________________________________ Neil A. McWhorter, GA RLS # 2644 Date K.E.Q., Inc. Certificate of Authorization Number LSF000275 Land Lot 69, 12th Dist. City of Stockbridge, Henry County, Georgia 06-03-2026 416 Pirkle Ferry Road Building H, Unit 300 Cumming, GA 30040 (770) 889-9430 www.mga-se.com K.E.Q., Inc. 2026 13499 FILE: Course Bearing Distance C1 Rad: 1458.40' Tan: 84.55' Chd: N 35°11'18" W Rad: 1459.81' Tan: 321.02' Chd: S 01°43'48" W A: 168.92' CA: 6°38'10" 168.82' A: 631.99' CA: 24°48'17" 627.06' C2 NOTES: 1. Field Data: This survey was conducted using GPS, static and real time kinematic methods. A relative positional precision, for horizontal measurements, of less than 0.07' + 50ppm at the 95% confidence interval was achieved. 2. Field Measurements were taken with a Carlson BRx7, dual frequency receiver base station and rover on 05-28-2026, 05-29-2026 and were adjusted using the Least Squares Method. 3. Bearings are based on Grid North, Ga West Zone, NAD 83 and established using a Carlson BRx7, dual frequency receiver base station and rover. 4. Plat Precision: 1'/1,144,583'. 5. The public records referenced hereon reflect only those records necessary to establish the boundaries hereon, and reference to the same does not and is not intended to constitute a title search or title opinion. 6. This property is not located in a Flood Hazard Area as indicated on F.I.R.M. No. 13151C0086D, dated 10-06-2016. 7. Building setbacks and buffers may not be shown hereon. They are governed by the local jurisdiction and should be confirmed prior to land planning or construction activities. 8. Tax Parcel: S16-01006000 Address: 55 Valley Hill Road, Stockbridge, GA, 30281 9. Zoning: MFR 10. UTILITIES NOTE: The locations of underground utilities shown hereon are approximate and are based on above ground evidence. The location, type, size, depth, and existence of all underground utilities should be field verified prior to any construction related activities. 11. RIGHT OF WAY NOTE: PB 6, PG 47 labels the railway right of way with a width of 180 feet. However, the measurements provided in PB 6, PG 47, iron pins found in the field, and adjoining property records indicate that the railway right of way is 150 feet wide. A title analysis is recommended to confirm the right of way width for the railway. 12. Elevations are based on NAVD88 and were established using a Carlson BRx7, dual frequency receiver base station and rover. GPS positions were solved using the NOAA Online Positioning User Service. CLERK OF THE COURT FILING INFORMATION 1/2" RBF LEGAL DESCRIPTION - SUBJECT PARCEL (SURVEYED LEGAL) N 01°01'09"W 596.38' All that tract or parcel of land lying in Land Lot 69, 12th district, Henry County, Georgia, being more particularly described as follows: 1/2" RBF 19 "E '26 1/2" RBF 4 °0 50 SSMH: 806.84' In: 792.82' Out: 792.62' FH SSMH: 805.44' In: 796.14' Out: 795.94' E IV R D N 39 R Tract 1 11.311 Acres P.O.C Intersection of Davis Road and Landover Drive S 22°23'41" E 133.45' S VI 57 0' -8 1 AD ef. # RO per r "W 22 0' °4 DA N LA VE O D Approx. culvert direction ' RAILWAY - 150' R/W 1 1 .2 26 3'x3' Rock Culvert 1.7 1' W R/ SSMH: 795.49' In: 789.79' Out: 789.59' 75' 416 Pirkle Ferry Road Building H, Unit 300 Cumming, GA 30040 (770) 889-9430 www.mga-se.com 1/2" RBF Schedule B-II Exceptions 11. Water Easement to Clayton County Water Authority dated February 3, 2005 and recorded in Deed Book 8432, Page 193, Henry County, Georgia Records. Easement does not affect the subject property. 12. Easement to Georgia Power Company dated August 8, 1975 and recorded in Deed Book 246, Page 122, Henry County, Georgia Records. Easement is blanket in nature and the deed does not contain enough information to determine a location. 13. Any and all matters as disclosed by plat of survey recorded in Plat Book 6, Page 47, Henry County, Georgia Records. Plat affects the subject property show hereon. PG 8), (DB 11112 PG 34) and (DB 11112, PG 341 ) (see note #11) N Ve ge tat ' Im ive pe Bu rvi ou ffe sS r etb ac k NORFOLK SOUTHERN SSMH: 810.62' In: 799.62' Out: 799.42' 50 ' 4' .2 .03' 4 25 128 17 8 75 18 ' 40 68 S 5 ' +/- A 8° lon 37 g C ' (TI 28" reek EL E 6 CL is IN E) 11.9 PL 8' per (PB 24 PG 7), (PB 24, per PB 22, PG 30 SSMH: 809.62' In: 798.57' Out: 798.37' Stewart Title Guaranty Company Commitment No.: Commitment Date: ALTA Owners Policy (2026) Proposed Insured: Shree Real Estate Developers LLC C2 OAK CIRCLE SOUTH - 40 R/W N 01°01'09"W 214.18' N or F Sandra J. Miller DB 10744, PG 347 PB 22, PG 30 . .B BF O P. 2" R 1/ All that tract or parcel of land lying and being in Land Lot 69 of the 12th District, Henry County, Georgia, being Tract 1-A, containing 10.00 acres, more or less, together with Tract 1-B, containing 11.62 acres, more or less, together with Tract 2, containing 3.34 acres, more or less, (for a total of 24.96 acres, more or less) as per plat recorded in Plat Book 6, Page 47, Henry County, Georgia Records, which plat is incorporated herein by reference and made a part of this description. Said property being known as 55 Valley Hill Road according to the present system of numbering property in Henry County, Georgia. N or F OTAC Development Group, LLC DB 12947, PG 251 PB 6, PG 47 S 84°40'35"E 123.03' 128 LEGAL DESCRIPTION - PARENT PARCEL - DEED BOOK 12947, PAGE 251-253 (RECORD LEGAL) REFERENCES: 1. Warranty Deed granted to OTAC Development Group, LLC, dated 02-04-2013, recorded in Deed Book 12947, Page 251-253, further described on a Survey for Richard A. Holcomb, by Metro Engineering and Surveying Co., Inc., dated 07-25-1974, and recorded in Plat Book 6, Page 47. (not to scale) 9 F P . or L 27 Jr 5 N R G SF , P 30 or F lace 205 IIF 209 , PG N al G W P 19 22 in 2, ch 919 DB PB a J 1 DB Said Tract contains 11.311 Acres more or less Parent Parcel Remaining +/- 13.623 Acres F son 1 or in 25 N ry V PG go 84, re G 175 DB Commencing at the intersection of Davis Road (50'R/W) and Landover Drive; thence, North 22 Degrees 23 Minutes 41 Seconds West to a ½” rebar on the Eastern Right of Way of Davis Road, said point being the True Point of Beginning; thence, leaving the Eastern Right of Way North 50 Degrees 04 Minutes 26 Seconds East a distance of 254.24 feet to a ½” rebar; thence, North 01 Degrees 01 Minutes 09 Seconds West a distance of 214.18 feet to a ½” rebar; thence, South 84 Degrees 40 Minutes 35 Seconds East a distance of 123.03 feet to a point in the centerline of a creek; thence, along the centerline of the creek in a southeasterly direction for a distance of 688' more or less to a point in the centerline of the creek, said creek being subtended by the following tie line, South 58 Degrees 37 Minutes 28 Seconds East a distance of 611.98 feet to a point on the Western Right of Way of Norfolk Southern Railway (150'R/W); thence, following said Right of Way with a curve turning to the left with an arc length of 631.99 feet, with a radius of 1459.81 feet, with a chord bearing of South 01 Degrees 43 Minutes 48 Seconds West, with a chord length of 627.06 feet to a ¾” open top; thence, leaving the Western Right of Way of Norfolk Southern Railway North 89 Degrees 45 Minutes 41 Seconds West a distance of 354.96 feet to a ½” rebar on the Eastern Right of Way of Davis Road; thence, following said Right of Way with a curve turning to the left with an arc length of 168.92 feet, with a radius of 1458.40 feet, with a chord bearing of North 35 Degrees 11 Minutes 18 Seconds West, with a chord length of 168.82 feet to a point; thence, North 39 Degrees 40 Minutes 22 Seconds West a distance of 571.71 feet to a ½” rebar, said point being True Point of Beginning C1 Gravel 33.4' North of PL Shed 11.9' North of PL 1/2" RBF Approx. Tree Line N 89°45'41"W 354.96' Nail Found @ 1/2" RB 7.38' on line inside R/W 3/4" OTPF N or F Jerome W. Mitchell, Jr. DB 7588, PG 303 PB 24, PG 7 SSMH: 785.01' In: 778.16' Out: 777.96' SURVEYOR'S CERTIFICATE: This plat is a retracement of an existing parcel or parcels of land and does not subdivide or create a new parcel or make any changes to any real property boundaries. The recording information of the documents, maps, plats, or other instruments which created the parcel or parcels are stated hereon. RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND. Furthermore, the undersigned land surveyor certifies that this plat complies with the minimum technical standards for property surveys in Georgia as set forth in the rules and regulations of the Georgia Board of Registration for Professional Engineers and Land Surveyors and as set forth in O.C.G.A. Section 15-6-67. SURVEYOR'S CERTIFICATE (ALTA/NSPS): To: Shree Real Estate Developers LLC & Stewart Title Guaranty Company This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2026 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6a, 7a, 8, 9, 11a and 13 of Table A thereof. The fieldwork was completed on 05-28-2026 and 05-29-2026. Date of Plat or Map: 06-18-2026 06-18-2026 _______________________________________________ Neil A. McWhorter, GA RLS # 2644 Date K.E.Q., Inc. Certificate of Authorization Number LSF000275 13499.ALTA Traffic Impact Study Davis Road Townhomes Stockbridge, Georgia Report Prepared: September 2026 Prepared for: Shree Developers Group, LLC Prepared by: Kimley-Horn and Associates, Inc. 1200 Peachtree Street, Suite 800 Atlanta, GA 30309 September 2026 PROJECT #017511002 026 2 10/ 09/ Traffic Impact Study Davis Road Townhomes Stockbridge, Georgia Report Prepared: September 2026 Prepared for: Shree Developers Group, LLC Prepared by: Kimley-Horn and Associates, Inc. 1200 Peachtree Street, Suite 800 Atlanta, GA 30309 September 2026 PROJECT #017511002 CONTENTS 1.0 Introduction ................................................................................................................................. 1 2.0 Study Area Determination ........................................................................................................... 1 3.0 Existing Traffic Conditions ........................................................................................................... 4 4.0 3.1 Roadway Conditions ....................................................................................................... 4 3.2 Vehicular Volumes.......................................................................................................... 4 3.3 Alternative Transportation Modes ................................................................................... 4 3.4 Parking ........................................................................................................................... 4 3.5 Intersection Sight Distance ............................................................................................. 6 Projected Background (Non-Project) Traffic................................................................................. 6 4.1 5.0 Future Roadway/Intersection Projects............................................................................. 6 Project Traffic.............................................................................................................................. 8 5.1 Project Site Access......................................................................................................... 8 5.2 Trip Generation .............................................................................................................. 8 5.3 Trip Distribution and Assignment .................................................................................... 9 6.0 Level-Of-Service Analysis ......................................................................................................... 13 7.0 Conclusion ................................................................................................................................ 14 7.1 Site Access Improvement Recommendations ............................................................... 15 7.2 Multimodal Considerations ............................................................................................ 15 Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 i FIGURES Figure 1: Site Location Map ..................................................................................................................... 2 Figure 2: Site Aerial ................................................................................................................................. 3 Figure 3: Existing 2026 Traffic Conditions ................................................................................................ 5 Figure 4: No-Build 2029 Traffic Conditions ............................................................................................... 7 Figure 5: Residential Trip Distribution and Assignment........................................................................... 10 Figure 6: Project Trips ........................................................................................................................... 11 Figure 7: Build 2029 Traffic Conditions .................................................................................................. 12 TABLES Table 1: Peak Hour Summary .................................................................................................................. 4 Table 2: Project Trip Generation Summary .............................................................................................. 9 Table 3: Level-of-Service Summary ....................................................................................................... 14 APPENDICES Appendix A: Site Plan Appendix B: Traffic Count Data Appendix C: Growth Rate Analysis Appendix D: Henry County Comprehensive Transportation Plan (CTP) Excerpt Appendix E: Trip Generation Worksheet Appendix F: Intersection Volume Worksheets Appendix G: Synchro Analysis Reports Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 ii 1.0 INTRODUCTION This report presents the analysis of the anticipated traffic impacts associated with the Davis Road Townhome development, which is expected to be completed in 2029 (referred to herein as Build Year or “build-out year”). As currently envisioned, the development will consist of approximately 91 townhome residential units. The approximate 11.3-acre site is located to the northeast of Davis Road across from Landover Drive in the city of Stockbridge, Georgia. The proposed development will be served by two (2) proposed driveways, one of which will connect to the existing side-street stop-controlled intersection of Davis Road at Landover Drive as a new fourth leg, while the other one connects to Davis Road approximately 400 feet southeast of this intersection. This report will summarize the analyses of the following three (3) scenarios: 1. Existing 2026 Traffic Conditions 2. 2029 No-Build Traffic Conditions 3. 2029 Build Traffic Conditions Figure 1 provides a location map of the project site. Figure 2 provides an aerial image that captures the project site and the study roadway network. A site plan is also included in Appendix A. 2.0 STUDY AREA DETERMINATION The study area consists of the following intersections: 1. Davis Road at Landover Drive/Proposed Driveway A 2. Davis Road at Proposed Driveway B This analysis considers Davis Road as having a north-south orientation and Landover Drive and site driveways as having an east-west orientation. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 1 N SITE Davis Road Townhomes Traffic Impact Study Site Location Map Figure 1 Page 2 N SITE Landover Drive Norfolk S outh e rn lw a R ai Creek Circle y Davis Road Davis Road Townhomes Traffic Impact Study Site Aerial Figure 2 Page 3 3.0 EXISTING TRAFFIC CONDITIONS 3.1 ROADWAY CONDITIONS Davis Road is an undivided two-lane local road with a posted speed limit of 35 MPH. GDOT counts taken at Estates Avenue northwest of the site indicated an annual average daily traffic (AADT) volume of approximately 4,620 vehicles per day in 2025. Landover Drive is an undivided two-lane local road with a posted speed limit of 30 MPH. Additionally, there are no GDOT count stations along Landover Drive. 3.2 VEHICULAR VOLUMES Intersection turning movement volume counts were collected while schools were in session on Thursday August 27, 2026, during the AM period (7:00 AM to 9:00 AM) and the PM period (4:00 PM to 6:00 PM). The AM and PM peak hours for the one (1) existing study intersection are shown in Table 1. Complete traffic count data is provided in Appendix B. Table 1: Peak Hour Summary 1. Intersection AM Peak Hour PM Peak Hour Davis Road at Landover Drive/Proposed Driveway A 7:15 AM - 8:15 AM 5:00 PM – 6:00 PM Figure 3 illustrates the Existing 2026 peak hour traffic volumes at the study intersection as well as the existing roadway geometry (intersection layout). 3.3 ALTERNATIVE TRANSPORTATION MODES The MARTA Battle Creek Road bus route (Route 197) operates in the vicinity of the project site providing daily service with stops at Mount Zion High School and relevant Riverdale downtown areas. The nearest stop for this bus route is Davidson Parkway at Davidson Circle East MARTA Stop, approximately 1.6 miles west of the site. Davis Road does not have sidewalks on either side of the road along site frontage; there are ongoing Henry County plans to construct sidewalks along site frontage on both sides of the road. Sidewalks are additionally proposed along site frontage as part of the Davis Road Townhomes development as shown in the site plan. 3.4 PARKING Stockbridge parking requirements include two (2) spaces per townhome unit and one (1) guest space per three (3) townhome units. The proposed site plan includes 381 spaces, exceeding the required parking of 212 spaces per the city of Stockbridge requirements. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 4 2 (1) 67 (138) N 1 Landover Drive Proposed Driveway A (3) 1 (60) 40 (4) 1 (4) 4 71 (142) SITE 2 (63) 41 Proposed Driveway B Existing Laneage XX AM Peak Hour Traffic Volume (XX) PM Peak Hour Traffic Volume Existing Stop Control X Davis Road LEGEND Intersection Reference Number Davis Road Townhomes Traffic Impact Study Existing 2026 Traffic Conditions Figure 3 Page 5 3.5 INTERSECTION SIGHT DISTANCE Per AASHTO Green Book intersection sight distance criteria for a stop-controlled approach onto a 35 mph roadway, approximately 390 feet of sight distance is required in both the left and right directions along the major roadway. Available sight distance was compared to this criterion to assess the adequacy of the proposed site access. The available sight distance for the proposed site driveway is approximately as follows: • Site Driveway A (Intersection 1): 1,500 feet looking to the northwest, 900 feet looking to the southeast. • Site Driveway B (Intersection 2): 1,900 feet looking to the northwest, 500 feet looking to the southeast. It should be noted that the site plan is still under final development. As the site plan is further defined, the location of the site driveways should be placed to ensure that adequate site distance is provided. However, as currently planned, the sight distance at proposed driveways exceeds AASHTO standards. 4.0 PROJECTED BACKGROUND (NON-PROJECT) TRAFFIC Background traffic is defined as expected traffic on the roadway in future year(s) absent the construction and opening of the proposed project. Background traffic can include a base growth rate based on historical count data as well as population growth data and estimates. The 2022 Reeves Creek II DRI #3799 was identified approximately 1 mile away with an approved growth rate of 1.0%. Project trips within this DRI were not routed through the study network of this analysis based on the DRI’s trip distribution. To account for background traffic, the Existing 2026 traffic volumes were increased by 1.0% per year for three (3) years to account for the expected background growth to Build Year 2029, in line with the nearby DRI and researched population trends. The growth rate analysis is included in Appendix C. Figure 4 illustrates the 2029 No-Build traffic volumes. 4.1 FUTURE ROADWAY/INTERSECTION PROJECTS The ARC’s Atlanta Region’s Plan, Henry County’s Comprehensive Transportation Plan (CTP), and the GDOT GeoPI system were researched for programmed transportation projects within the vicinity of the proposed development: 1. LM-113: This project will install sidewalks along both sides of Davis Road from N Davis Drive to Creek Circle. This project directly intersects with the frontage of the Davis Road Townhomes development. The above project is identified by the Henry County CTP as a long-term sidewalk project and can have an expected build out between 2036 – 2050. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 6 2 (1) 69 (142) N 1 Landover Drive Proposed Driveway A (3) 1 (62) 41 (4) 1 (4) 4 73 (146) SITE 2 (65) 42 Proposed Driveway B Existing Laneage XX AM Peak Hour Traffic Volume (XX) PM Peak Hour Traffic Volume Existing Stop Control X Davis Road LEGEND Intersection Reference Number Davis Road Townhomes Traffic Impact Study No-Build 2029 Traffic Conditions Figure 4 Page 7 Additional sidewalk improvements and other projects can be found within the Henry County Transportation Plan: 2022 Update. Details for this project are included in Appendix D. No programmed projects were identified which would impact the vehicular study network for future conditions. 5.0 PROJECT TRAFFIC Project traffic used in this analysis is defined as the vehicle trips expected to be generated by the development and the distribution and assignment of that traffic through the study roadway network. This traffic impact study evaluated the impacts of developing approximately 91 townhome residential units. 5.1 PROJECT SITE ACCESS Vehicular access to the proposed Davis Road Townhomes development will be provided at two (2) locations, which are shown on the site plan in Appendix A. A brief description of the vehicle access location is as follows: 1. Site Driveway A – a proposed full-movement driveway along Davis Road located at the side-street stopcontrolled intersection with Landover Drive. Site Driveway A is proposed to align with Landover Drive and add the fourth leg onto the existing T-intersection. 2. Site Driveway B – a proposed right-in, right-out, side-street stop-controlled driveway along Davis Road located approximately 400 feet southeast of the intersection of Davis Road with Landover Drive. See the referenced site plan in Appendix A for a visual representation of vehicular access and circulation throughout the proposed site. 5.2 TRIP GENERATION Traffic for the proposed development was calculated using equations contained in the Institute of Transportation Engineers’ (ITE) Trip Generation Manual, 12th Edition, 2025 and 2nd Edition Handbook. The trip generation was calculated assuming the Single Family Attached Housing (Land Use 215) land use. Table 2 summarizes the project trip generation for the proposed development under full build-out. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 8 Table 2: Project Trip Generation Summary ITE Code Land Use Density 215 Single Family Attached Housing 91 units Gross Project Trips Daily Traffic AM Peak Hour PM Peak Hour Total Enter Exit Total Enter Exit Total Enter Exit 1,000 500 500 67 18 49 88 55 33 1,000 500 500 67 18 49 88 55 33 Mixed-Use Reduction 0 0 0 0 0 0 0 0 0 Alternative Mode Reductions 0 0 0 0 0 0 0 0 0 Pass-By Reductions 0 0 0 0 0 0 0 0 0 1,000 500 500 67 18 49 88 55 33 Net New Trips Due to the size, nature, and location of the proposed development, mixed use, alternative mode and passby reductions were assumed to be zero for a conservatively high analysis. Appendix E provides the detailed trip generation worksheet for the proposed development. 5.3 TRIP DISTRIBUTION AND ASSIGNMENT The directional distribution and assignment of new project trips was based on a review of land uses and population densities in the area and the existing peak hour turning movement counts. A detailed trip distribution and assignment for the project residential vehicle trips is illustrated in Figure 5. Based on the trip generation in Table 2 and the anticipated trip distribution, net new project trips were assigned to the study roadway network and are illustrated on Figure 6. The project trips from Figure 6 were added to the 2029 No Build traffic volumes (shown on Figure 4) to produce the 2029 Build Traffic Volumes. Figure 7 illustrates the 2029 Build traffic conditions. Appendix F provides the intersection volume worksheets within the study network, including the proposed driveway. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 9 60% N Proposed Driveway A (20%) 10% Landover Drive 1 (40%) (40%) (40%) SITE 2 Proposed Driveway B LEGEND Turning Movement XX (XX) Entering Percentages Exiting Percentages Davis Road 10% 30% (20%) Existing Stop Control Proposed Stop Control X Intersection Reference Number Davis Road Townhomes Traffic Impact Study Project Trip Distribution and Assignment Figure 5 Page 10 11 (33) N Proposed Driveway A (7) 10 (6) 2 Landover Drive 1 20 (13) 20 (13) 20 (13) SITE 2 Proposed Driveway B LEGEND Turning Movement XX (XX) AM Peak Hour Project Trips PM Peak Hour Project Trips Davis Road (6) 2 (17) 5 10 (7) Existing Stop Control Proposed Stop Control X Intersection Reference Number Davis Road Townhomes Traffic Impact Study Project Trips Figure 6 Page 11 2 (1) 69 (142) 11 (33) N 1 20 (13) 0 (0) 20 (13) Landover Drive Proposed Driveway A (3) 1 (62) 51 (6) 2 (4) 1 (0) 0 (4) 4 93 (159) SITE 2 Proposed Driveway B (71) 44 (17) 5 10 (7) Existing Laneage Proposed Laneage XX (XX) AM Peak Hour Traffic Volume PM Peak Hour Traffic Volume Davis Road LEGEND Existing Stop Control Proposed Stop Control X Intersection Reference Number Davis Road Townhomes Traffic Impact Study Build 2029 Traffic Conditions Figure 7 Page 12 6.0 LEVEL-OF-SERVICE ANALYSIS Level-of-service (LOS) determinations were made for the weekday AM and PM peak hours for the existing study network intersections and proposed site-access intersections using Synchro, Version 12. The program uses methodologies contained in the Highway Capacity Manual 6th Edition to determine the operating characteristics of an intersection. Capacity is defined as the maximum number of vehicles that can travel through a particular road segment or through a particular intersection within a specified period under prevailing roadway, traffic, and control conditions. LOS is used to describe the operating characteristics of a road segment or intersection in relation to its capacity. LOS is defined as a qualitative measure that describes operational conditions and motorists’ perceptions of a traffic stream. The Highway Capacity Manual defines six levels of service, LOS A through LOS F, with A being the best and F the worst. LOS for signalized intersections are reported for the intersection as a whole. One or more movements at an intersection may experience a low LOS, while the intersection as a whole may operate acceptably. LOS for unsignalized intersections, with stop control on the minor street(s) only, are reported for the side street approaches and major street left turns. Low levels-of-service for side street approaches are not uncommon, as vehicles may experience significant delay turning onto a major roadway. In addition to the Existing 2026 traffic conditions, analyses were performed for the AM and PM peak hours for the 2029 No-Build traffic conditions and the 2029 Build traffic conditions. The results of the LOS analysis for the Existing 2026 and Future Year 2029 scenarios are summarized in Table 3. Synchro analysis reports are included in Appendix G. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 13 Table 3: Level-of-Service Summary LOS (Delay in Seconds) Intersection Approach/ Movement 2. Davis Road at Landover Drive/Site Driveway A (TWSC) Davis Road at Site Driveway B (TWSC, RIRO) 2029 No Build 2029 Build AM Peak PM Peak AM Peak PM Peak AM Peak PM Peak A (8.9) A (9.4) A (8.9) A (9.5) A (9.0) B (10.0) A (9.5) A (9.9) A (7.4) A (7.5) Southbound Left A (7.4) A (7.4) Westbound Stop A (8.6) A (8.7) Eastbound Stop 1. Existing 2026 Westbound Stop Northbound Left A (7.4) A (7.5) A (7.4) A (7.5) As shown in Table 3, the Existing 2026, 2029 No-Build and Build scenarios for the intersection are projected to operate at LOS B or better during the AM and PM peak hours for all movements and approaches. Synchro analysis reports including the volume to capacity ratios and LOS per approach are included in Appendix G. 7.0 CONCLUSION This traffic study evaluated the traffic impacts associated with the Davis Road Townhomes development, located to the north side of Davis Road across from Landover Drive in Henry County, Georgia. The development, which is approximately 11.3 acres in size, will consist of 91 townhome residential units. The Davis Road Townhome development is anticipated to be completed and open to traffic by year 2029. This report included the analyses of the following three (3) scenarios: 1. Existing 2026 Traffic Conditions 2. 2029 No-Build Traffic Conditions 3. 2029 Build Traffic Conditions The proposed development will be served by two (2) proposed driveways. One proposed full-movement driveway connects to the side-street, stop-controlled intersection of Davis Road opposite Landover Drive. The seconds proposed site driveway is a right-in, right-out driveway approximately 400 feet southeast of the intersection of Davis Road at Landover Drive. The study network, which consists of one (1) existing intersection and an additional intersection created by proposed site driveway B, was analyzed for the weekday AM and PM peak hours. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 14 The level-of-service (LOS) analysis indicates that all intersections and approaches currently operate at an acceptable LOS during the AM and PM peak hours and are projected to continue operating at an acceptable LOS under all future scenarios. 7.1 SITE ACCESS IMPROVEMENT RECOMMENDATIONS Based on the results of this study for the Davis Road Townhomes development, the following site-access (“Build”) improvements are recommended: • Intersection 1 – Davis Road at Landover Drive and Site Driveway A o Per the site plan, construct a full-movement driveway that connects to the existing sidestreet stop-controlled intersection of Davis Road at Landover Drive. This will contain one (1) ingress lane and one (1) egress lane. • Intersection 2 – Davis Road at Site Driveway B o Per the site plan, construct a right-in, right-out side-street stop-controlled intersection which connects to Davis Road approximately 400 feet southeast of Landover Drive and Site Driveway A. This will contain one (1) ingress lane and one (1) egress lane. 7.2 MULTIMODAL CONSIDERATIONS Consistent with the City of Stockbridge Unified Development Code, pedestrian accommodations are anticipated to be provided as part of the proposed townhome development, including frontage sidewalk improvements and internal pedestrian connectivity. Preliminary site plans include a 10-foot-wide walking trail along site frontage and 5-foot-wide sidewalks within the site. Please refer to the site plan in Appendix A for additional details. Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 15 APPENDIX A Site Plan Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 A t er 3' Ro ck Cu lv 3'x C4 is C L k ee PL ' 8 9 . 1 o l 1 A E 6 " +/8 ' 8 2 7' E) 68 3 ° S 58 (TIE LIN ffer u B e tativ r ng C ge e V 50' 113 S PERRY STREET SUITE 206 13926 LAWRENCEVILLE, GA 30046 75' us o i v r Impe ck a b t Se STORMWATER MANAGEMENT 50' V e s ck a b t Se ativ t e g e iou v r e p m 75' I 70 69 72 73 75 74 76 67 68 66 64 65 63 C2 62 61 71 N 30 77 TYPICAL LOT DETAIL (1"=40') 29 28 78 C ' SS In MH Ou : 79 : 8 t: 8.5 09 79 7' .6 2' 8. 37 ' 31 75 E " 5 3 ' ' 0 3 4 ° 3.0 4 8 12 S LEGEND er f f u B 27 26 79 X 91 4 6 7 8 9 10 11 12 13 14 15 C1 3/ e Lin ZONING MODIFICATION PLAN ee Tr ox . BS 1/ 0 DAVIS ROAD - 80' R/W 20 40 Feet "R B R/ W per ref. #1 /2 R DRIVE FH N 1/ X 571.71' N 39°40'22"W 4" O TP F el 5 S 3 W " 4' 1 5 8' 4 ° 7 . 9 8 76 DAVIS DR 55 VALLEY HILL RD, STOCKBRIDGE, GA X 90 2 2" 1/2 RB " R F B 8 X 1 16 Gr av P. In O.C an ters S d L ect 22 an ion °2 do o 3'4 ve f D 1" r D av E riv is R 13 e oa 3. d 45 ' X 89 17 L3* RB F 88 18 N W " 4' 1 ' 5 5 4 1 ° . 89 173 Je ro DB me N o 75 W. r F PB 88 Mi 24 , P tche ,P G ll G 303 , Jr. 7 21 2" R 38 39 40 1/ 37 Ap pr 128.03' 1/ 87 126.21' 18 36 86 X 12 36 19 X Know what's below. Call 811before you dig. 34 20 X R 33 85 2" X P.O.B. 1/2" RBF 32 44 45 46 X 17 X 40' X N or F Gregory Vinson DB 17584, PG 251 N 50°04'26"2E54.24' X N or F Jachin Wallace Jr. DB 19192, PG 2055 84 43 41 42 22 Sh ed X F SFR LP 9209, PG 279 B 22, PG 30 23 S B R " 1/2 X 83 24 S 1/ ' 82 25 B 2" R 55 54 56 2" 8 .1 RB 81 57 L2 * F 4 21 "W 09 DB n 10 dra PB 74 J. 22 4, P Mil , P G ler G 34 30 7 1' 59 58 60 L 1 * °0 01 s e 1 r 49 48 47 51 50 t 52 c 53 c a A r T 44 .1 2 1 80 ZM-2 APPENDIX B Traffic Count Data Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 B Peak Hour Turning Movement Count Stockbridge, GA Click here for Map Right Thru U-Turn www.marrtraffic.com RightThruU-Turn Davis Rd (North) Southbound Session) (08 Thursday, August 27, 2026 (1-3) 2 65 0 67 38 (1-3) Session Parameters Period 0700 - 0900 (4-7) 0 1 0 1 2 (4-7) (Drop Down Menu) Peak Hour 0715 - 0815 (8-13) 0 0 0 0 0 (8-13) Peak Hour Total 2 66 0 68 40 Total Volume * the Peak Hour Diagram does not include Bikes 0 (1-3) (4-7) (8-13) Total 3 0 0 3 5 0 0 5 Classes (1-3) (4-7) (8-13) Total Volume 110 3 0 113 0 Eastbound Landover Dr 0 0 0 0 0 1 0 0 1 4 0 0 4 (1-3) (4-7) (8-13) Total PHF 0 0.7372 0 0 Total 70 40 0 1 39 Total (8-13) 0 0 0 0 0 (8-13) (4-7) 1 2 0 0 2 (4-7) (1-3) 69 38 0 1 37 (1-3) Northbound Davis Rd (South) ThruLeftU-Turn U-Turn Left Thru All vehicles Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 1 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 8 0 9 15 0 15 10 0 10 7 0 7 Total Approach % PHF 1 2.44 0.25 40 97.56 0.67 Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 1 0 1 0 0 0 Total Approach % PHF 0 0.00 0.00 1 100.00 0.25 Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 1 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 8 0 9 14 0 14 9 0 9 6 0 6 Total Approach % PHF 1 2.63 0.25 37 97.37 0.66 Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 1 0 1 0 0 0 1 0 1 Total Approach % PHF 0 0.00 0.00 2 100.00 0.50 Time 0715 - 0730 0730 - 0745 0745 - 0800 0800 - 0815 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 0 0 0 0 0 0 Total Approach % PHF 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 41 0.68 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 28 1 0 29 13 0 0 13 15 1 0 16 11 0 0 11 Left 1.7 0 1 0 0 - 67 97.10 0.60 1 20.00 0.25 0 0.00 0.00 2 2.90 0.50 0 0.00 0.00 69 0.59 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 1 0 1 0 0 1 3 0 3 0 0 0 4 80.00 0.33 0 0.00 0.00 5 0.42 - - - - App Total 0 0 0 0 Int Total 39 29 29 18 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 115 0.74 Int Total 0 0 2 0 2 Bikes 0 0.00 0.00 0 0.00 0.00 1 0.25 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 Left 1.7 0 0 0 0 - 1 100.00 0.25 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 1 0.25 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.25 Int Total 39 27 27 17 110 Passenger Vehicles (1-3) 0 0.00 0.00 0 0.00 0.00 38 0.68 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 28 1 0 29 12 0 0 12 14 1 0 15 11 0 0 11 Left 1.7 0 1 0 0 - 65 97.01 0.58 1 20.00 0.25 0 0.00 0.00 2 2.99 0.50 0 0.00 0.00 67 0.58 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 1 0 1 0 0 1 3 0 3 0 0 0 4 80.00 0.33 0 0.00 0.00 5 0.42 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.71 Int Total 0 2 0 1 3 Single Unit Trucks (4-7) 0 0.00 0.00 0 0.00 0.00 2 0.50 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 Left 1.7 0 0 0 0 - 1 100.00 0.25 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 1 0.25 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.38 Int Total 0 0 0 0 0 Combination Trucks (8-13) 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Left 1.7 0 0 0 0 - 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 Peak Hour Turning Movement Count Stockbridge, GA Click here for Map Right Thru U-Turn www.marrtraffic.com RightThruU-Turn Davis Rd (North) Southbound Session) (08 Thursday, August 27, 2026 (1-3) 1 135 0 136 64 (1-3) Session Parameters Period 1600 - 1800 (4-7) 0 3 0 3 0 (4-7) (Drop Down Menu) Peak Hour 1700 - 1800 (8-13) 0 0 0 0 0 (8-13) Peak Hour Total 1 138 0 139 64 Total Volume * the Peak Hour Diagram does not include Bikes 0 (1-3) (4-7) (8-13) Total 4 0 0 4 8 0 0 8 Classes (1-3) (4-7) (8-13) Total Volume 207 3 0 210 0 Eastbound Landover Dr 0 0 0 0 0 4 0 0 4 4 0 0 4 (1-3) (4-7) (8-13) Total PHF 0 0.9052 0 0 Total 142 63 0 3 60 Total (8-13) 0 0 0 0 0 (8-13) (4-7) 3 0 0 0 0 (4-7) (1-3) 139 63 0 3 60 (1-3) Northbound Davis Rd (South) ThruLeftU-Turn U-Turn Left Thru All vehicles Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 1 0 2 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 11 0 11 25 0 26 11 0 11 13 0 15 Total Approach % PHF 3 4.76 0.38 60 95.24 0.60 Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 0 0 0 0 0 0 Total Approach % PHF 0 0.00 0.00 0 0.00 0.00 Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 1 0 2 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 11 0 11 25 0 26 11 0 11 13 0 15 Total Approach % PHF 3 4.76 0.38 60 95.24 0.60 Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 0 0 0 0 0 0 Total Approach % PHF 0 0.00 0.00 0 0.00 0.00 Time 1700 - 1715 1715 - 1730 1730 - 1745 1745 - 1800 Left 1.1 0 0 0 0 Northbound Davis Rd (South) Thru U-Turn App 1.2 1.3 Total 0 0 0 0 0 0 0 0 0 0 0 0 Total Approach % PHF 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 63 0.61 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 27 0 0 27 27 0 0 27 47 0 0 47 37 1 0 38 Left 1.7 2 1 0 1 - 138 99.28 0.73 4 50.00 0.50 0 0.00 0.00 1 0.72 0.25 0 0.00 0.00 139 0.74 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 1 0 3 2 0 3 0 0 0 1 0 2 4 50.00 0.50 0 0.00 0.00 8 0.67 - - - - App Total 0 0 0 0 Int Total 41 56 58 55 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 210 0.91 Int Total 0 0 0 0 0 Bikes 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Left 1.7 0 0 0 0 - 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 Int Total 41 55 57 54 207 Passenger Vehicles (1-3) 0 0.00 0.00 0 0.00 0.00 63 0.61 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 27 0 0 27 26 0 0 26 46 0 0 46 36 1 0 37 Left 1.7 2 1 0 1 - 135 99.26 0.73 4 50.00 0.50 0 0.00 0.00 1 0.74 0.25 0 0.00 0.00 136 0.74 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 1 0 3 2 0 3 0 0 0 1 0 2 4 50.00 0.50 0 0.00 0.00 8 0.67 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.91 Int Total 0 1 1 1 3 Single Unit Trucks (4-7) 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 1 0 0 1 1 0 0 1 1 0 0 1 Left 1.7 0 0 0 0 - 3 100.00 0.75 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 3 0.75 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.75 Int Total 0 0 0 0 0 Combination Trucks (8-13) 0 0.00 0.00 0 0.00 0.00 0 0.00 0 0.00 0.00 Southbound Davis Rd (North) Thru Right U-Turn App 1.4 1.5 1.6 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Left 1.7 0 0 0 0 - 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 Eastbound Landover Dr Right U-Turn App 1.8 1.9 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 - - - - App Total 0 0 0 0 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0 0.00 0.00 APPENDIX C Growth Rate Analysis Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 C Growth Rate Considerations Recommended Growth Rate 1.0% Population Data Henry County (ARC) Population Annual Growth Projection (2020-2050) Henry County (Census) Population Annual Growth (2010-2020) Stockbridge City (Census) Population Annual Growth (2010-2020) 1.22% 1.67% 1.23% Nearby Developments DRI #3799 Reeves Creek II 1% Historical ADT Count Data Source: Location: Route #: Route Type: Station: Count Type EST ACT EST EST EST EST GDOT Davis Rd w/o Shields Rd 8200 Local Road 1518013 Count Year 2020 2021 2022 2023 2024 2025 5 Year Growth Rate Avg. 1 Year Growth Rate Most Recent Actual Count Growth Rate Source: Location: Route #: Route Type: Station: EST ACT 4,900 4,800 Volume 4,840 4,320 4,420 4,540 4,560 4,620 Growth Rate 4,700 4,600 -10.74% 2.31% 2.71% 0.44% 1.32% 4,500 4,400 4,300 4,200 4,100 4,000 -0.93% -0.79% N/A 2020 GDOT N Henry Blvd w/o McCain Creek Trl 4200 Principal Arterial 1510361 2021 2022 EST 2023 2024 2025 2023 2024 2025 2023 2024 2025 ACT 30,200 30,000 Count Type EST ACT EST ACT EST EST Count Year 2020 2021 2022 2023 2024 2025 5 Year Growth Rate Avg. 1 Year Growth Rate Most Recent Actual Count Growth Rate Source: Location: Route #: Route Type: Station: Volume 29,300 29,400 30,100 29,300 29,700 29,600 Growth Rate 0.34% 2.38% -2.66% 1.37% -0.34% 29,800 29,600 29,400 29,200 29,000 28,800 0.20% 0.22% -0.17% 2020 GDOT E Atlanta Rd n/o N Henry Blvd 96411 Minor Arterial 1510274 2021 2022 EST ACT 12,500 12,000 Count Type ACT EST EST EST ACT EST 5 Year Growth Rate Avg. 1 Year Growth Rate Count Year 2020 2021 2022 2023 2024 2025 Volume 11,000 11,900 12,200 12,300 10,400 10,400 -1.12% -0.78% Growth Rate 8.18% 2.52% 0.82% -15.45% 0.00% 11,500 11,000 10,500 10,000 9,500 9,000 2020 2021 2022 APPENDIX D Henry County Comprehensive Transportation Plan (CTP) Excerpt Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 D HENRY COUNTY TRANSPORTATION PLAN 2022 UPDATE JULY 2022 Table 6.18. (Cont’d) Long-Term Sidewalk Projects ID Name LM-79 Red Oak Road LM-84 Extents Description PE ROW Construction Contingency Flippen Road to Rock Quarry Road Install sidewalk along both sides of Red Oak Road $212,000 $437,313 $2,483,000 $294,000 $3,426,313 Valley Hill Road US 23 to Davis Road Install sidewalk along both sides of Valley Hill Road $257,000 $533,798 $3,012,000 $356,000 $4,158,798 LM-86 Valley Hill Road N Davis Drive to E Atlanta Road Install sidewalk along both sides of Valley Hill Road $87,000 $178,371 $1,017,000 $120,000 $1,402,371 LM-88 Old Conyers Road Pinehurst Drive to Flakes Road Install sidewalk along both sides of Old Conyers Road $282,000 $582,364 $3,298,000 $390,000 $4,552,364 LM-89 Flat Rock Road Old Conyers Road to W Hemphill Road Install sidewalk along both sides of Flat Rock Road $192,000 $389,144 $2,249,000 $266,000 $3,096,144 LM-90 E Atlanta Road Valley Hill Road to Stagecoach Road Install sidewalk along both sides of E Atlanta Road $152,000 $312,692 $1,775,000 $210,000 $2,449,692 LM-94 Swan Lake Road Fairview Road to Gardner Road Install sidewalk along both sides of Swan Lake Road $208,000 $429,176 $2,430,000 $288,000 $3,355,176 LM-95 Fairview Road Swan Lake Road to SR 155 Install sidewalk along both sides of Fairview Road $280,000 $577,769 $3,274,000 $387,000 $4,518,769 LM-97 Thurman Road Fairview Road to Patillo Road Install sidewalk along both sides of Thurman Road $205,000 $421,352 $2,394,000 $283,000 $3,303,352 LM-98 Rex Road E Atlanta Road to Thurman Road Install sidewalk along both sides of Rex Road $184,000 $381,879 $2,154,000 $255,000 $2,974,879 LM-99 E Atlanta Road Panola Road to Orchard Road Install sidewalk along both sides of E Atlanta Road $55,000 $111,369 $640,000 $76,000 $882,369 LM-100 Panola Road E Atlanta Road to Flakes Mill Road Install sidewalk along both sides of Panola Road $121,000 $246,497 $1,413,000 $167,000 $1,947,497 LM-101 Fairview Road Panola Road to Thurman Road Install sidewalk along both sides of Fairview Road $216,000 $440,658 $2,531,000 $299,000 $3,486,658 LM-103 Panola Road Flakesmith Road to Scarborough Road Install sidewalk along both sides of Panola Road $233,000 $475,210 $2,731,000 $323,000 $3,762,210 LM-104 S Zach Hinton Parkway Cap Welch Drive to Racetrack Road Install sidewalk along both sides of S Zach Hinton Parkway $101,000 $205,510 $1,180,000 $140,000 $1,626,510 LM-109 N Mt Carmel Road Jonesboro Road to Existing side-walk Install sidewalk along both sides of N Mt Carmel Road $68,000 $140,565 $793,000 $94,000 $1,095,565 LM-113 Davis Road N Davis Drive to Creek Circle Install sidewalk along both sides of Davis Road $119,000 $244,252 $1,393,000 $165,000 $1,921,252 For consistency in reporting, all costs depicted in these tables are provided in year 2026 dollars, representing the first year of the upcoming Mid-Term phase. Total 293 APPENDIX E Trip Generation Worksheet Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 E Land Use Setting Trip Generation Analysis (12th Ed. With 2nd Edition Handbook Daily IC & 3rd Edition AM/PM IC) Davis Rd Townhome TIA Henry County, Georgia Daily Trips Density Total In Out Total AM Peak Hour In Out PM Peak Hour In Total Out Proposed Project Trips 215 Single-Family Attached Housing 1,000 500 500 67 18 49 88 55 33 Gross Project Trips 1,000 500 500 67 18 49 88 55 33 Residential Trips Mixed-Use Reductions Alternative Mode Reductions Adjusted Residential Trips 1,000 0 0 1,000 500 0 0 500 500 0 0 500 67 0 0 67 18 0 0 18 49 0 0 49 88 0 0 88 55 0 0 55 33 0 0 33 Mixed-Use Reductions - TOTAL Alternative Mode Reductions - TOTAL Pass-By Reductions - TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,000 500 500 67 18 49 88 55 33 New Trips General Urban/Suburban 91 dwelling units APPENDIX F Intersection Volume Worksheets Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 F INTERSECTION VOLUME DEVELOPMENT INTERSECTION #1 Landover Dr/Site Driveway A at Davis Rd (South)/Davis Rd (North) AM PEAK HOUR U-Turn Observed 2026 Traffic Volumes Pedestrians Conflicting Pedestrians Bicycles 0 Davis Rd (South) Davis Rd (North) Landover Dr Northbound Left Through Southbound Left Through Right U-Turn Eastbound Left Through 0 2 0 1 40 Right U-Turn 0 0 0 67 1 0 0 0 0 0 Heavy Vehicles 0 0 2 Heavy Vehicle % Peak Hour Factor 2% 0.74 2% 0.74 Adjustment Factor Existing 2026 Volumes 1 0 Annual Growth Rate Growth Factor 2029 No-Build Traffic 0 Right U-Turn 4 0 Westbound Left Through 0 0 0 0 0 0 0 0 0 1 5% 0.74 2% 0.74 2% 0.74 2% 0.74 1 1 1 40 1 0 1 0 1.0% 1.03 0 1.0% 1.03 1 1.0% 1.03 41 1.0% 1.03 0 Total Vehicular Project Trips 0 0 10 2029 Build Traffic 0 1 51 Conflicting Bicycles 0 0 Site Driveway A 0 0 0 0 0 0 0 0 0 0 0 0 2% 0.74 2% 0.74 2% 0.74 2% 0.74 1 0 1 67 1 2 1 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 69 1.0% 1.03 2 2 0 11 0 2 0 11 69 0 0 0 Right 0 0 0 0 0 0 0 0 0 0 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 1 1 1 0 1 4 1 0 1 0 1 0 1 0 1.0% 1.03 0 1.0% 1.03 1 1.0% 1.03 0 1.0% 1.03 4 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 0 0 0 0 0 0 20 0 20 2 0 1 0 4 0 20 0 20 0 0 0 0 0 PM PEAK HOUR U-Turn Observed 2026 Traffic Volumes 0 Davis Rd (South) Davis Rd (North) Landover Dr Northbound Left Through Southbound Left Through Right U-Turn Eastbound Left Through 0 1 0 3 60 Right U-Turn 0 0 0 138 4 0 Right U-Turn 4 0 Westbound Left Through 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Conflicting Bicycles Heavy Vehicles 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 Heavy Vehicle % Peak Hour Factor Adjustment Factor 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 2% 0.91 1 Existing 2026 Volumes 0 3 60 0 0 0 138 1 0 4 0 4 0 0 0 0 Annual Growth Rate 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% Growth Factor 2029 No-Build Traffic 1.03 0 1.03 3 1.03 62 1.03 0 1.03 0 1.03 0 1.03 142 1.03 1 1.03 0 1.03 4 1.03 0 1.03 4 1.03 0 1.03 0 1.03 0 1.03 0 0 7 6 0 33 0 0 0 0 0 0 0 13 0 13 3 69 6 0 33 142 1 0 4 0 4 0 13 0 13 2029 Build Traffic 0 0 Right 0 Pedestrians Conflicting Pedestrians Bicycles Total Vehicular Project Trips 0 Site Driveway A 0 INTERSECTION VOLUME DEVELOPMENT INTERSECTION #2 N/A/Site Driveway B at Davis Rd (South)/Davis Rd (North) AM PEAK HOUR U-Turn Observed 2026 Traffic Volumes 0 Davis Rd (South) Davis Rd (North) N/A Northbound Left Through Southbound Left Through Right U-Turn Eastbound Left Through 0 0 0 0 41 Right U-Turn 0 0 71 0 Site Driveway B 0 Right U-Turn 0 0 Westbound Left Through 0 0 Right 0 Pedestrians Conflicting Pedestrians Bicycles Conflicting Bicycles Heavy Vehicles 0 0 2 0 0 0 1 0 0 0 0 0 0 0 0 0 Heavy Vehicle % Peak Hour Factor 2% 0.74 2% 0.74 5% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 2% 0.74 Adjustment Factor Existing 2026 Volumes 1 0 1 0 1 41 1 0 1 0 1 0 1 71 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 Annual Growth Rate Growth Factor 2029 No-Build Traffic 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 42 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 73 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 1.0% 1.03 0 Total Vehicular Project Trips 0 0 2 5 0 0 20 0 0 0 0 0 0 0 0 10 2029 Build Traffic 0 0 44 5 0 0 93 0 0 0 0 0 0 0 0 10 PM PEAK HOUR U-Turn Observed 2026 Traffic Volumes 0 Davis Rd (South) Davis Rd (North) N/A Northbound Left Through Southbound Left Through Right U-Turn Eastbound Left Through 0 0 0 0 63 Right U-Turn 0 0 142 0 Site Driveway B 0 Right U-Turn 0 0 Westbound Left Through 0 0 Right 0 Pedestrians Conflicting Pedestrians Bicycles Conflicting Bicycles Heavy Vehicles 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 Heavy Vehicle % Peak Hour Factor Adjustment Factor 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Existing 2026 Volumes 0 0 63 0 0 0 142 0 0 0 0 0 0 0 0 0 Annual Growth Rate 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% Growth Factor 2029 No-Build Traffic 1.03 0 1.03 0 1.03 65 1.03 0 1.03 0 1.03 0 1.03 146 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 1.03 0 0 6 17 0 0 13 0 0 0 0 0 0 0 0 7 0 71 17 0 0 159 0 0 0 0 0 0 0 0 7 Total Vehicular Project Trips 2029 Build Traffic 0 APPENDIX G Synchro Analysis Reports Davis Road Townhomes │ Traffic Impact Study September 2026 │ KHA Project #017511002 G HCM 7th TWSC 1: Davis Rd & Landover Dr Intersection Int Delay, s/veh Davis Rd Townhomes TIA Existing 2026 AM Peak Hour 0.4 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 1 4 1 40 67 2 Future Vol, veh/h 1 4 1 40 67 2 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 74 74 74 74 74 74 Heavy Vehicles, % 2 2 2 5 2 2 Mvmt Flow 1 5 1 54 91 3 Major/Minor Minor2 Major1 Conflicting Flow All 149 92 93 Stage 1 92 Stage 2 57 Critical Hdwy 6.42 6.22 4.12 Critical Hdwy Stg 1 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 3.518 3.318 2.218 Pot Cap-1 Maneuver 843 965 1501 Stage 1 932 Stage 2 966 Platoon blocked, % Mov Cap-1 Maneuver 843 965 1501 Mov Cap-2 Maneuver 843 Stage 1 931 Stage 2 966 Approach HCM Ctrl Dly, s/v HCM LOS EB 8.87 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 - NB 0.18 NBL NBT EBLn1 44 - 938 0.001 - 0.007 7.4 0 8.9 A A A 0 0 0 - SB 0 SBT SBR - Kimley-Horn Page 1 HCM 7th TWSC 1: Davis Rd & Landover Dr Intersection Int Delay, s/veh Davis Rd Townhomes TIA Existing 2026 PM Peak Hour 0.5 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 4 4 3 60 138 1 Future Vol, veh/h 4 4 3 60 138 1 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 4 4 3 66 152 1 Major/Minor Minor2 Major1 Conflicting Flow All 225 152 153 Stage 1 152 Stage 2 73 Critical Hdwy 6.42 6.22 4.12 Critical Hdwy Stg 1 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 3.518 3.318 2.218 Pot Cap-1 Maneuver 763 894 1428 Stage 1 876 Stage 2 950 Platoon blocked, % Mov Cap-1 Maneuver 762 894 1428 Mov Cap-2 Maneuver 762 Stage 1 874 Stage 2 950 Approach HCM Ctrl Dly, s/v HCM LOS EB 9.42 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 - NB 0.36 NBL NBT EBLn1 86 - 823 0.002 - 0.011 7.5 0 9.4 A A A 0 0 0 - SB 0 SBT SBR - Kimley-Horn Page 1 HCM 7th TWSC 1: Davis Rd & Landover Dr Intersection Int Delay, s/veh Davis Rd Twonhomes TIA No Build 2029 AM Peak Hour 0.4 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 1 4 1 41 69 2 Future Vol, veh/h 1 4 1 41 69 2 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 74 74 74 74 74 74 Heavy Vehicles, % 2 2 2 5 2 2 Mvmt Flow 1 5 1 55 93 3 Major/Minor Minor2 Major1 Conflicting Flow All 153 95 96 Stage 1 95 Stage 2 58 Critical Hdwy 6.42 6.22 4.12 Critical Hdwy Stg 1 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 3.518 3.318 2.218 Pot Cap-1 Maneuver 839 962 1498 Stage 1 929 Stage 2 964 Platoon blocked, % Mov Cap-1 Maneuver 838 962 1498 Mov Cap-2 Maneuver 838 Stage 1 928 Stage 2 964 Approach HCM Ctrl Dly, s/v HCM LOS EB 8.88 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 - NB 0.18 NBL NBT EBLn1 43 - 935 0.001 - 0.007 7.4 0 8.9 A A A 0 0 0 - SB 0 SBT SBR - Kimley-Horn Page 1 HCM 7th TWSC 1: Landover Dr & Davis Rd Intersection Int Delay, s/veh Davis Rd Townhomes TIA No Build 2029 PM Peak Hour 0.5 Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Vol, veh/h 4 4 3 62 142 1 Future Vol, veh/h 4 4 3 62 142 1 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 4 4 3 68 156 1 Major/Minor Minor2 Major1 Conflicting Flow All 231 157 157 Stage 1 157 Stage 2 75 Critical Hdwy 6.42 6.22 4.12 Critical Hdwy Stg 1 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 3.518 3.318 2.218 Pot Cap-1 Maneuver 757 889 1423 Stage 1 872 Stage 2 948 Platoon blocked, % Mov Cap-1 Maneuver 755 889 1423 Mov Cap-2 Maneuver 755 Stage 1 870 Stage 2 948 Approach HCM Ctrl Dly, s/v HCM LOS EB 9.46 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 - NB 0.35 NBL NBT EBLn1 83 - 817 0.002 - 0.011 7.5 0 9.5 A A A 0 0 0 - SB 0 SBT SBR - Kimley-Horn Page 1 HCM 7th TWSC 1: Davis Rd & Landover Dr/Dwy A Intersection Int Delay, s/veh Davis Rd Twonhomes TIA Build 2029 AM Peak Hour 2.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 0 4 20 0 20 1 51 2 11 69 2 Future Vol, veh/h 1 0 4 20 0 20 1 51 2 11 69 2 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - None - None - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % 0 0 0 0 Peak Hour Factor 74 74 74 74 74 74 74 74 74 74 74 74 Heavy Vehicles, % 2 2 2 2 2 2 2 4 2 2 2 2 Mvmt Flow 1 0 5 27 0 27 1 69 3 15 93 3 Major/Minor Minor2 Minor1 Major1 Conflicting Flow All 196 199 95 196 199 70 96 Stage 1 124 124 73 73 Stage 2 72 74 - 123 126 Critical Hdwy 7.12 6.52 6.22 7.12 6.52 6.22 4.12 Critical Hdwy Stg 1 6.12 5.52 - 6.12 5.52 Critical Hdwy Stg 2 6.12 5.52 - 6.12 5.52 Follow-up Hdwy 3.518 4.018 3.318 3.518 4.018 3.318 2.218 Pot Cap-1 Maneuver 763 697 962 763 697 992 1498 Stage 1 880 793 - 937 834 Stage 2 938 833 - 881 792 Platoon blocked, % Mov Cap-1 Maneuver 734 689 962 750 689 992 1498 Mov Cap-2 Maneuver 734 689 - 750 689 Stage 1 871 785 - 936 833 Stage 2 912 832 - 867 784 Approach HCM Ctrl Dly, s/v HCM LOS EB 9 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 WB 9.5 A NB 0.14 NBL NBT NBR EBLn1WBLn1 33 - 906 855 0.001 - 0.007 0.063 7.4 0 9 9.5 A A A A 0 0 0.2 SBL 240 0.01 7.4 A 0 0 - Major2 0 72 - 4.12 - 2.218 - 1529 - 1529 - 0 - 0 - SB 0.99 SBT SBR 0 A - Kimley-Horn Page 1 HCM 7th TWSC 2: Davis Rd & Dwy B Intersection Int Delay, s/veh Davis Rd Twonhomes TIA Build 2029 AM Peak Hour 0.6 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 0 10 44 5 0 93 Future Vol, veh/h 0 10 44 5 0 93 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - Stop - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 0 11 48 5 0 101 Major/Minor Minor1 Major1 Conflicting Flow All 51 0 Stage 1 Stage 2 Critical Hdwy - 6.22 Critical Hdwy Stg 1 Critical Hdwy Stg 2 Follow-up Hdwy - 3.318 Pot Cap-1 Maneuver 0 1018 Stage 1 0 Stage 2 0 Platoon blocked, % Mov Cap-1 Maneuver - 1018 Mov Cap-2 Maneuver Stage 1 Stage 2 Approach HCM Ctrl Dly, s/v HCM LOS WB 8.58 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 0 0 0 - NB 0 SB 0 NBT NBRWBLn1 - 1018 - 0.011 8.6 A 0 SBT - - Kimley-Horn Page 2 HCM 7th TWSC 1: Davis Rd & Landover Dr/Dwy A Intersection Int Delay, s/veh Davis Rd Twonhomes TIA Build 2029 AM Peak Hour 2.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 0 4 20 0 20 1 51 2 11 69 2 Future Vol, veh/h 1 0 4 20 0 20 1 51 2 11 69 2 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - None - None - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % 0 0 0 0 Peak Hour Factor 74 74 74 74 74 74 74 74 74 74 74 74 Heavy Vehicles, % 2 2 2 2 2 2 2 4 2 2 2 2 Mvmt Flow 1 0 5 27 0 27 1 69 3 15 93 3 Major/Minor Minor2 Minor1 Major1 Conflicting Flow All 196 199 95 196 199 70 96 Stage 1 124 124 73 73 Stage 2 72 74 - 123 126 Critical Hdwy 7.12 6.52 6.22 7.12 6.52 6.22 4.12 Critical Hdwy Stg 1 6.12 5.52 - 6.12 5.52 Critical Hdwy Stg 2 6.12 5.52 - 6.12 5.52 Follow-up Hdwy 3.518 4.018 3.318 3.518 4.018 3.318 2.218 Pot Cap-1 Maneuver 763 697 962 763 697 992 1498 Stage 1 880 793 - 937 834 Stage 2 938 833 - 881 792 Platoon blocked, % Mov Cap-1 Maneuver 734 689 962 750 689 992 1498 Mov Cap-2 Maneuver 734 689 - 750 689 Stage 1 871 785 - 936 833 Stage 2 912 832 - 867 784 Approach HCM Ctrl Dly, s/v HCM LOS EB 9 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 WB 9.5 A NB 0.14 NBL NBT NBR EBLn1WBLn1 33 - 906 855 0.001 - 0.007 0.063 7.4 0 9 9.5 A A A A 0 0 0.2 SBL 240 0.01 7.4 A 0 0 - Major2 0 72 - 4.12 - 2.218 - 1529 - 1529 - 0 - 0 - SB 0.99 SBT SBR 0 A - Kimley-Horn Page 1 HCM 7th TWSC 2: Davis Rd & Dwy B Intersection Int Delay, s/veh Davis Rd Twonhomes TIA Build 2029 AM Peak Hour 0.6 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 0 10 44 5 0 93 Future Vol, veh/h 0 10 44 5 0 93 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - Stop - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 0 11 48 5 0 101 Major/Minor Minor1 Major1 Conflicting Flow All 51 0 Stage 1 Stage 2 Critical Hdwy - 6.22 Critical Hdwy Stg 1 Critical Hdwy Stg 2 Follow-up Hdwy - 3.318 Pot Cap-1 Maneuver 0 1018 Stage 1 0 Stage 2 0 Platoon blocked, % Mov Cap-1 Maneuver - 1018 Mov Cap-2 Maneuver Stage 1 Stage 2 Approach HCM Ctrl Dly, s/v HCM LOS WB 8.58 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 0 0 0 - NB 0 SB 0 NBT NBRWBLn1 - 1018 - 0.011 8.6 A 0 SBT - - Kimley-Horn Page 2 HCM 7th TWSC 1: Davis Rd & Landover Dr/Dwy A Intersection Int Delay, s/veh Davis Rd Townhomes TIA Build 2029 PM Peak Hour 2.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 4 0 4 13 0 13 3 69 6 33 142 1 Future Vol, veh/h 4 0 4 13 0 13 3 69 6 33 142 1 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - None - None - None Storage Length Veh in Median Storage, # 0 0 0 0 Grade, % 0 0 0 0 Peak Hour Factor 91 91 91 91 91 91 91 91 91 91 91 91 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 4 0 4 14 0 14 3 76 7 36 156 1 Major/Minor Minor2 Minor1 Major1 Conflicting Flow All 312 318 157 314 315 79 157 Stage 1 229 229 86 86 Stage 2 82 89 - 229 230 Critical Hdwy 7.12 6.52 6.22 7.12 6.52 6.22 4.12 Critical Hdwy Stg 1 6.12 5.52 - 6.12 5.52 Critical Hdwy Stg 2 6.12 5.52 - 6.12 5.52 Follow-up Hdwy 3.518 4.018 3.318 3.518 4.018 3.318 2.218 Pot Cap-1 Maneuver 641 598 889 638 600 981 1423 Stage 1 774 715 - 922 824 Stage 2 926 821 - 774 714 Platoon blocked, % Mov Cap-1 Maneuver 614 581 889 617 583 981 1423 Mov Cap-2 Maneuver 614 581 - 617 583 Stage 1 753 696 - 920 822 Stage 2 910 819 - 750 695 Approach HCM Ctrl Dly, s/v HCM LOS EB 10.02 B Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 WB 9.94 A 0 - Major2 0 82 - 4.12 - 2.218 - 1515 - 1515 - NB 0.29 NBL NBT NBR EBLn1WBLn1 SBL 68 - 726 758 337 0.002 - 0.012 0.038 0.024 7.5 0 10 9.9 7.4 A A B A A 0 0 0.1 0.1 0 - 0 - SB 1.39 SBT SBR 0 A - Kimley-Horn Page 1 HCM 7th TWSC 2: Davis Rd & Dwy B Intersection Int Delay, s/veh Davis Rd Townhomes TIA Build 2029 PM Peak Hour 0.2 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Vol, veh/h 0 7 71 17 0 159 Future Vol, veh/h 0 7 71 17 0 159 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - Stop - None - None Storage Length 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 Mvmt Flow 0 8 77 18 0 173 Major/Minor Minor1 Major1 Conflicting Flow All 86 0 Stage 1 Stage 2 Critical Hdwy - 6.22 Critical Hdwy Stg 1 Critical Hdwy Stg 2 Follow-up Hdwy - 3.318 Pot Cap-1 Maneuver 0 972 Stage 1 0 Stage 2 0 Platoon blocked, % Mov Cap-1 Maneuver - 972 Mov Cap-2 Maneuver Stage 1 Stage 2 Approach HCM Ctrl Dly, s/v HCM LOS WB 8.73 A Minor Lane/Major Mvmt Capacity (veh/h) HCM Lane V/C Ratio HCM Ctrl Dly (s/v) HCM Lane LOS HCM 95th %tile Q(veh) Synchro 12 Report 09/03/2026 Major2 0 0 0 0 - NB 0 SB 0 NBT NBRWBLn1 - 972 - 0.008 8.7 A 0 SBT - - Kimley-Horn Page 2 CITY OF STOCKBRIDGE 4640 NORTH HENRY BOULEVARD STOCKBRIDGE, GEORGIA 30281 PHONE (770) 389-7900 FAX (770) 389-7912 July 21, 2026 Ms. Asia Browner Blueprint Partners 113 S. Perry Street Lawrenceville, GA 30046 RE: Service Availability Letter Valley Hill Road Tract Parcel #: S16-01006000 Land Lot 69, 12th District Shree Real Estate Developers LLC & Stewart Title Guaranty Company Development Type: Townhomes Ms. Browner: As requested, let this letter serve as an acknowledgement of service availability and that the City of Stockbridge is the water and sewer provider. The previous capacity reservation approved for DR Horton has expired. To apply for capacity the developer will need to submit a request for capacity and pay the fee for the City to perform a water and sewer hydraulic analysis. This analysis is necessary to confirm that capacity exists to serve the development. Sincerely, Kevin Miller Sewer Superintendent Cc: Decius T. Aaron, Public Works Director Chad Peden, PE, Carter & Sloope, Inc Scott Mask, Water Superintendent 1 TO: Stockbridge Mayor and City Council Stockbridge Planning Commission FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division CC: Veronica Green, Chief Planner DATE: August 20, 2026 and September 17, 2026 SUBJECT: Staff Report for Zoning Modification Case #ZM-2026-02 for 55 Valley Hill Road (Council District 4) PURPOSE Applicant Yashesh Shah of Shree Developers Group (represented by Asia Mosee Browner) submitted a major zoning modification application on July 21, 2026 for the property at 55 Valley Hill Road. The purpose of the application (Case #ZM-2026-02) is to request changes to the previously-approved site plan for a townhome development, which was approved by the Stockbridge City Council via three cases on November 13, 2023. The three cases were: 1) Comprehensive Plan Amendment Case #CP-2023-02 (which changed the property’s future land use designation to High-Density Residential); 2) Rezoning Case #RZ-2023-03 (which assigned the zoning district of MFR (Multiple Family Residential) to the property; and 3) Variance Case #VR-2023-02 (which approved a variance to reduce the front yard setbacks of the townhome lots from the required 50 feet in the MFR district to 30 feet). The previous applicant / owner / developer for CP-2023-02, RZ-2023-03, and VR-202302 was D. R. Horton, Inc., represented by Tiffany Hogan. The original proposal was to build 173 townhomes, but that was later reduced to 156 units via the site plan that was presented to City Council on the floor of the meeting prior to the approval of the cases. D. R. Horton later submitted an administrative (minor) zoning modification application to request that no road be built across the creek due to environmental site constraints. That request was approved by the Staff via a Decision Letter on August 4, 2025. However, despite the approval of the administrative zoning modification, as well as the previous zoning cases, the townhome development was not built and D. R. Horton sold the property to a new owner, OTAC Development Group, LLC. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 2 Now, Shree Developers Group wishes to build a revised townhome development with 91 units on the southern portion of the property only, south of the creek, with frontage on Davis Road. Further, the applicant proposes to subdivide the subject property into two parcels in order to build the townhome development on the southern parcel and to sell the northern parcel. The applicant is therefore requesting the approval of ZM-202602 to allow for the approval of a revised site plan which shows the development of the southern portion of the property only. The zoning and future land use designation of the property would not change. The property contains 24.908 +/- total acres within the Stockbridge City Limits, of which 11.311 +/- acres lie south of the creek. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 3 AERIAL PHOTOGRAPH For 55 Valley Hill Road (Parcel #S16-01006000 City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 4 CASE FACTS Proposed Development: Townhome community with 91 units. Applicant: Yashesh Shah of Shree Developers Group (represented by Asia Browner) Site Address: Parcel ID and Acreage: District and Land Lot: Owner: 55 Valley Hill Road. Parcel #S16-01006000 with 24.908 acres. District 12, Land Lot 69 OTAC Development Group Property Location: In Council District 4, on south side of Valley Hill Road, adjacent to railroad tracks and across from Old Stagecoach Road, west of East Atlanta Road. Valley Hill Road is classified as a “major collector”, according to the Henry County 2022 Transportation Plan Update. Small office building, warehouse, and open shed. ~ North—Unity Baptist Church (built in 1880), Brannan Cemetery, First Christian Church, a small commercial building, and numerous individual single-family detached residences. ~ South—Bridge Park Subdivision, Stockbridge North Subdivision, and numerous individual single-family residences. ~ East—Railroad tracks of the Norfolk Southern Railway, Cochran Park (owned by Henry County), Rico’s Mexican Restaurant, Publix Shopping Center, and Diamonte Townes Condominiums (under construction). ~ West—Big Oak Villas single-family attached subdivision. MFR (Multiple Family Residential). ~ North—LI (Light Industrial), RR (Rural Residential), SR (Suburban Residential), and C-3 (Heavy Commercial). ~ South—SR (Suburban Residential) and DT (Downtown) ~ East—DT (Downtown District), C-1 (Neighbor-hood Commercial), C-2 (General Commercial), C-3 (Heavy Commercial), and MFR (Multiple Family Residential). ~ West—SR (Suburban Residential) High-Density Residential. Road Classification: Current Use: Surrounding Uses: Existing Zoning: Surrounding Zoning: Existing Future Land Use Designation: Physical Characteristics: Property is bisected by a creek through the center. The northern portion contains four small industrial buildings near Valley Hill Road, shallow rock, and a large debris area. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 5 CITY OF STOCKBRIDGE 2026 ZONING MAP FOR 55 VALLEY HILL ROAD (Shown with a Star) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 6 CITY OF STOCKBRIDGE 2026 FUTURE LAND USE MAP For 55 Valley Hill Road (Shown with a Star) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 7 BOUNDARY SURVEY—ENTIRE PROPERTY (Plat prepared by McWhorter & Anderson, 06-03-26; Revised on 07-10-26) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 8 BOUNDARY SURVEY—SOUTHERN PORTION ONLY (Plat prepared by McWhorter & Anderson, 06-23-26) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 9 PROPERTY CONDITIONS The subject property is located between Valley Hill Road to the north and Davis Road to the south, and it contains 24.908 +/- total acres. A creek traverses the center of the property, flanked by a 50-foot vegetative buffer and 75-foot impervious setbacks. The elevation drops by about 100 feet from Valley Hill Road down to Davis Road. Railroad tracks form the eastern boundary, adjacent to East Atlanta Road. The area that is close to Valley Hill Road contains four small industrial buildings, with woods behind them. The previous applicant’s survey states that the northern portion of the property contained a large “debris area”, which includes a combination of piles of cut timber and logs, scraped cars, standing water, and general trash; and that it is overgrown with weeds and kudzu. The current applicant’s Letter of Intent states that shallow rock is present across the majority of the northern portion of the property, making development infeasible. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 10 TOPOGRAPHIC SURVEY: NORTHERN SECTION For 55 Valley Hill Road (Parcel #S16-01006000) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 11 TOPOGRAHIC SURVEY: SOUTHERN SECTION For 55 Valley Hill Road (Parcel #S16-01006000) City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 12 PREVIOUSLY-APPROVED DEVELOPMENT D. R. Horton received approval from the Stockbridge City Council for its proposed townhome development at 55 Valley Hill Road on November 13, 2023 with the approval of CP-2023-02, RZ-2023-03, and VR-2023-02. These approvals resulted in the property acquiring the future land use designation of High-Density Residential, being zoned as MFR (Multiple Family Residential), and being allowed the reductions in the front yard setbacks of the townhome lots to 30 feet. The approval of RZ-2023-03 was based on nine (9) zoning conditions, as are listed below. 1. Comprehensive Plan Amendment – The rezoning shall not be approved unless the applicant’s requested Comprehensive Plan Amendment, via CP-2023-02, to change the subject property’s future land use designation from Light Industrial to High-Density Residential is approved before, or simultaneously with, the approval of RZ-2023-03. 2. Variance – The rezoning shall not be approved unless the applicant’s requested variance, via VR-2023-02, to reduce the required minimum front yard setback from 50 feet to 25 feet, is approved before, or simultaneously with, the approval of RZ-202303. 3. Site Plan – The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled “Concept Plan: Valley Hill Road Tract; Valley Hill Road; Stockbridge, Georgia, Henry Co.”, which was prepared by Bowman Consulting Group, Ltd., dated 7/11/23, and received by the Planning and Zoning Office on July 3, 2023. The applicant shall submit a revised site plan which shows and labels all required setbacks and buffers, the number of unbuildable acres, and the net and gross densities of the proposed development. 4. Additional Buffers—The rezoning shall not be approved unless the applicant submits a revised site plan which shows the required 25-foot zoning buffer along the northern boundary, as well as the required 10-foot buffer at the eastern site boundary, adjacent to the railroad right-of-way. 5. Sanitary Sewer Availability – The rezoning shall not be approved unless the developer submits construction plans to the Stockbridge Public Works Department by June 29, 2024, or that office otherwise determines that sufficient sanitary sewer capacity is available to serve the proposed development. 6. Traffic Impact Study – The rezoning shall not be approved unless the applicant submits a traffic impact study which provides satisfactory traffic and transportation data. 7. Environmental Impact Study – The rezoning shall not be approved unless the applicant submits an environmental impact study which provides satisfactory environmental data. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 13 8. A gate shall be constructed with the development. 9. There shall be a 5% rental cap on the townhomes. PREVIOUSLY-APPROVED REZONING SITE PLAN The approval of RZ-2023-03 was conditioned upon a site plan that was entitled, “Concept Plan: Valley Hill Road Tract; Valley Hill Road; Stockbridge, Georgia, Henry Co.”, which was prepared by Bowman Consulting Group, Ltd., dated 7/11/23, and received by the Planning and Zoning Office on July 3, 2023. The site plan showed the main project entrance off Valley Hill Road and a secondary access off Davis Road. A new, internal street was to traverse the existing creek, thereby connecting the northern and southern portions of the site. Several internal streets and cul-de-sacs were also to be installed. An open space area, guest parking, and a dumpster area were to be located near the main entrance. At the center of the development site, a clubhouse, swimming pool, and more guest parking were to be provided. A second dumpster area and three more small open spaces areas were to be located south of the creek, and three stormwater ponds were to flank the creek. A mandatory homeowners’ association was to be provided to maintain the development site. Each townhome unit was to have a two-car garage, and 70 additional guest parking spaces were to be provided within four small guest parking areas. All of the proposed townhome units would have had at least three bedrooms, with a few units having four bedrooms. A 25-foot required zoning buffer was to surround the property, and a required 10-foot railroad right-of-way side yard setback (per Section 4.3.2 of the UDC) was to be provided along the eastern side of the property. A 25-foot stream buffer, a 50-foot undisturbed buffer, and a 75-foot impervious surface setback on both sides of the creek were to be located near the center of the property. The proposed townhome buildings were to be located 20 feet apart to meet the MFR requirements. The previous applicant had a variance to reduce the front yard setbacks of the townhome lots from 50 feet to 25 feet, but they were approved for 30 feet via VR-202302. The applicant actually submitted a final site plan on November 11, 2023 during the Council meeting. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 14 PREVIOUSLY-APPROVED SITE PLAN FROM RZ-2023-03—TOTAL AREA City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 15 PREVIOUSLY-APPROVED SITE PLAN FROM RZ-2023-03—ENLARGED City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 16 PREVIOUSLY-APPROVED MINOR (ADMINISTRATIVE) ZONING MODIFICATION The Community Development Department received an application for an administrative (minor) zoning modification for 55 Valley Hill Road on June 18, 2025 from the previous applicant’s engineering firm, Kimley-Horn and Associates, Inc. It include a revised site plan (to replace the approved site plan from Rezoning Case #RZ-2023-03) showing no road access between the northern and southern portions of the property, crossing the exisitng creek. The Letter of Intent stated that the road crossing was eliminated “. . . due to the potential for flooding onsite and the likelihood of soil erosion and saturation beneath the road crossing . . .” It was based on a Letter of Clarification from Connor Galloway, P.E., of Kimley-Horn and Associates, Inc. (the engineer for the previous developer), dated 07/09/25, which explained that, from an engineering standpoint, a road crossing over the creek would not be feasible: Road Crossing Infeasibility The road crossing in the site plan approved under RZ-2023-03 contemplates an earthen embankment upon which the road would be built, and a culvert placed within in order to convey water flowing through the creek. There is an existing culvert passing underneath the adjacent railroad. It is expected that this existing culvert is undersized and very likely causes water to back up onto the subject parcel during heaver rain events. If the proposed road crossing were to be installed, it will fall within this backwater area, thereby causing these storm flows to rise higher during heaver rain events, to an extent that will be unacceptable to the railroad and potentially cause other issues with the proposed embankment (erosion of the embankment, saturation of soil causing weakness over time). The revised site plan was entitled, “Templar Valley Hill: Concept Site Plan”, undated, and it was drawn by WIB as Project No. 017950007, Sheet Number C1.90. It was reviewed by the Stockbridge City Engineer, who agreed that a road crossing over the creek would not be feasible. As a result, the Community Development Department approved the administrative zoning modification application, with the condition that a pedestrian crossing over the creek be provided, if possible. PROPOSED DEVELOPMENT The subject property has been sold and has a new developer and applicant, who wishes to build townhomes only on the southern portion of the property after subdividing it. The current applicant submitted a two-page conceptual site plan that was prepared by Blueprint Partners Engineering, LLC on 5/4/2026, and which was received by the Planning & Zoning Office on August 7, 2026. The first page, Sheet Number ZM-01, is titled, “Overall Overall [sic] Zoning Modification Plan”, and it shows the entire property. The second page, Sheet Number ZM-02, is titled, “Zoning Modification Plan”, and it is an enlargement of the southern portion of the property only, where the proposed townhomes would be built. Copies of both pages of the conceptual site plan are shown below. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 17 The applicant’s Letter of Intent, dated 6/23/2026, stated that the revised site plan was prepared “to better respond to existing site conditions as well as community considerations.” Further, the revised site plan “represents a thoughtful refinement of the originally approved development by reducing the overall intensity, responding to existing site constraints, and enhancing communityf features.” The Site Data Chart on the Zoning Modification Plan shows that the applicant proposes to build ninety-one (91) townhome units on 11.311 +/- acres within the southern portion only of the property at 55 Valley Hill Road, after subdividing the property. (The northern portion of the property would be sold.) The gross density would be 8.04 units per acre, which is within the allowable High-Density Residential density range of 8.00 to 16.00 units per acre. Open space would comprise 3.59 acres of the site plan, representing 31.73 percent of the site (thereby exceeding the 15 percent required minimum). The conceptual site plan shows that two entrances would be provided off Davis Road, and an internal circular street would serve the proposed townhomes. The proposed amenities include a pool with a 10-space guest parking lot, an adjacent mail kiosk, a pickleball court, a dog park, a 10-foot-wide mulch trail near the creek, and two open space areas. A 5-foot-wide sidewalk with a 3-foot-wide landscaped strip would be provided on both sides of all internal streets within the development. A 25-foot-wide landscaped buffer would be provided along with eastern and western sides of the property, and a 10-footwide zoning buffer would be provided along the railroad. In addition, an “enhanced 8-foot landscape buffer” would be provided along the Davis Road Rontage to provid visual screening and to create a more compatible transition between the proposed townhomes and the adjacent residential developments. A large stormwater management area would be designated adjacent to the creek. The townhome lots would be of two sizes. The smaller lots would measure 24 feet by 87 feet and the larger units would measure 24 feet by 92 feet. Two-story buildings would be located on 50 lots and three-story buildings would be located on 41 lots. The townhome buildings would be separated by 20 feet. No townhome buildings would have more than six 6 units. The front yard setbacks would be 30 feet and the rear yard setbacks would be twenty 20 feet. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 18 PROPOSED CONCEPTUAL SITE PLAN—TOTAL PROPERTY From Sheet Number ZM-01, “Overall Overall [sic] Zoning Modification Plan” City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 19 PROPOSED CONCEPTUAL SITE PLAN— ENLARGEMENT OF SOUTHERN PORTION ONLY From Sheet Number ZM-02, “Zoning Modification Plan” City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 20 PROPOSED TOWNHOME LOT DATA City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 21 PROPOSED TOWNHOME LOT DESIGN City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 22 RENDERING OF A PROPOSED TOWNHOME BUILDING The applicant obtained a letter from the City’s Public Works Office, dated July 21, 2026, which stated that the City provides water and sewer services to the property at 55 Valley Hill Road. However, a capacity analysis has not yet been performed to determine whether sufficient capacity exists to serve the proposed development. CONCLUSIONS 1. The subject property contains various environmental constraints within the northern portion of the site, including shallow rock, a large debris area, and a suspected inadequate railroad culvert. These constraints would make it difficult to build in that area. 2. The inadequacy of the railroad culvert, plus the likely flooding of the creek if the desired road connecting the northern and southern portions of the property were to be built, would make it infeasible to build the connecting road. 3. Since it is infeasible to build the proposed townhomes on the northern portion of the property, and to build the connecting road, the previously-approved site plan via RZ2023-03 cannot be developed. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 23 4. The environmental constraints which prevent the previously-approved site plan from being developed were not caused by the previous applicant nor by the current applicant. Therefore, relief must be allowed in the form of granting a major zoning modification to free the applicant from being required to build the infeasible site plan, and to allow the applicant to utilize a new site plan for the southern portion of the property only. 5. The current applicant’s proposed site plan is substantially similar to the previouslyapproved one for the southern portion of the property. 6. Before any development may occur on the southern portion of the property, the existing parcel must be subdivided into two parcels. 7. New zoning conditions may be imposed upon the applicant’s proposed site plan and development proposal. RECOMMENDATIONS 1. The applicant shall be granted a major zoning modification for the purpose of freeing the applicant from having to build the previously-approved site plan from RZ-202303 on the physically-infeasible northern portion of the property. 2. The existing parcel shall be subdivided into two parcels, and before any land disturbance permit is issued, the applicant shall provide the Staff with a copy of the recorded plat. 3. The southern portion of the property (to become a separate parcel) shall be developed in substantial conformity with the applicant’s Sheet Number ZM-02, entitled, “Zoning Modification Plan”, of the two-page conceptual site plan that was prepared by Blueprint Partners Engineering, LLC on 5/4/2026, and which was received by the Planning & Zoning Office on August 7, 2026. 4. No land disturbance permit (LDP) shall be issued and no development activity shall occur on the property until the property is first subdivided into two parcels, and a copy of the recorded plat is provided to the Community Development Department. 5. No more than 91 townhome units shall be developed on the property. 6. No more than six townhome units shall be located within one townhome building. 7. All townhome buildings shall have at least 75 percent brick or stone on all four facades, per Section 4.4.4 of the Stockbridge Unified Development Code. 8. A 25-foot buffer shall be established and maintained along the eastern and western City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 24 sides of the property. 9. An HOA shall be established, or a property management company shall be secured, who shall maintain the common areas of the property. 10. All internal streets shall provide the required minimum turning radii. 11. The applicant shall obtain a new water and sewer capacity letter from the Public Works Office and shall comply with its findings. City of Stockbridge, GA Community Dev. Dept. / ZM-2026-02 Staff Report / Sept. 17, 2026 Henry County, GA Overview Legend Parcels Roads 458 ft Parcel ID Property Address District S18-02002005 4882 NORTH HENRY BLVD City/Stockbridge TAD Class Commercial Owner Acreage 15.58 Address QMS ENTERPRISES LP & QUILLIAN GEORGE W&CYNTHIA 1482 N DECATUR RD ATLANTA, GA 303062423 Land $1,947,500 Value: Building $206,300 Value: Misc $3,300 Value: Total $2,157,100 Value: Last 2 Sales Date Price Reason Qual 7/31/1999 $0 U U 11/1/1985 $84,500 U U Parcel lines depicted on the maps do not re ect a true and exact representation of property boundaries and should not be relied upon for said purpose. Property boundary lines are depicted on recorded plats available at the Henry County courthouse or can be determined by employing the services of a licensed surveyor. Date created: 7/29/2026 Last Data Uploaded: 7/29/2026 6:43:32 PM Developed by Date: August 19, 2026 To: Planning Commission Board Members, City of Stockbridge, Stockbridge, GA 30281 Subject: Public Opposition – Case ZM-2026-03 filed by Apex Stockbridge LLC Dear Stockbridge Planning Commissioners, This document constitutes formal opposition regarding Case ZM-2026-03 for the 15.601-acre parcel at 4882 North Henry Boulevard. As a resident who has lived directly adjacent to this property along Brush Creek for over three decades, I speak alongside a unified coalition of deeply concerned neighbors. We officially call for this body to deny the developer's requested modifications, recommend a complete reversal of the high-density zoning, and return the property to its original “future land use designation.” This request is based on severe infrastructure strain and critical environmental hazards—specifically the extreme instability of the adjacent creek, which cannot support a high-density footprint without causing catastrophic erosion and runoff. The developer's requested modifications to the safeguards established under RZ-2023-10 should be denied based on the following: • Active Sewage Infrastructure Failure: The public sewage main line runs through unstable, saturated, flood-prone soils just feet from the creek bed behind Creek Circle. This localized system is already compromised, resulting in documented sanitary sewer overflows (SSOs) that flood residential yards. Forcing 90 high-density townhome units onto this compromised area creates an immediate and lasting ecological and public health hazard. • Environmental Encroachment & Floodway Risks: A portion of this 15.601-acre parcel’s buildability is dangerously questionable due to protected creek buffers and a designated FEMA flood zone. The true net density on the remaining dry ground will be unsustainably compressed, eliminating the natural wooded buffer that currently absorbs stormwater runoff for Stockbridge North, Turning Point, and adjacent communities. • Bypassing Public Standards & Safety: The developer's requested modifications threaten local property values, safety, and public infrastructure. Removing the three-sided brick mandate lowers construction quality, while lifting the 10% rental cap invites bulk institutional investors and transient tenancy. Additionally, removing the security gate turns internal roads into public thoroughfares, shifting future roadway infrastructure and maintenance costs directly onto Stockbridge taxpayers while compromising local safety. Finally, replacing a centralized dumpster with 180 individual bins introduces a permanent logistical and aesthetic nuisance. These collective downgrades undermine community standards. • Active State and Federal Investigations: Due to the proximity of the compromised sewage lines to an active creek bed in a FEMA-designated flood zone, formal requests for immediate review have been filed with the U.S. Army Corps of Engineers (Savannah District) and the Georgia EPD Watershed Protection Division. Approval of any site plan modifications prior to the completion of these active federal and state environmental audits would be premature and irresponsible. We respectfully call on the Planning Committee to deny these modifications, recommend the reversal of the high-density zoning, and return the property to its original “future land use designation.” Thank you for your service and for protecting our community. Sincerely, Karen Charmaine 110 Creek Cir., Stockbridge, GA 30281 770-403-0390 July 10, 2026 City of Stockbridge - City Council 4640 N Henry Blvd Stockbridge, GA 30281 RE: Letter of Intent for Zoning Modification – Bridgeview Townhomes To whom it may concern, Please accept this Letter of Intent on behalf of Apex Stockbridge regarding the residential development known as Bridgeview Townhomes. We are formally requesting a modification to the existing zoning conditions to better align the project with current market demands, modern infrastructure standards, and long-term community viability. Specifically, we request the removal of three current zoning conditions: • Amenity Requirements: We request the removal of the condition requiring a community pool and clubhouse. Eliminating these high-maintenance features will lower future Homeowners Association (HOA) dues, making these homes more accessible and financially sustainable for residents. • Waste Collection System: We request the removal of the central dumpster requirement. In its place, we propose individual, curbside roll-out waste collection for each townhome unit, which provides a cleaner, more traditional residential aesthetic and eliminates a central source of odor and debris. • Rental Restrictions: We request the removal of the condition prohibiting the townhomes from being rented. Lifting this restriction provides property owners with necessary financial flexibility and meets the growing demand for diverse housing options within the City of Stockbridge. • Gated Community Requirement: We request the removal of the condition requiring that the community be gated. This requirement puts a large HOA fee burden on homeowners to finance the ongoing maintenance of the roads and curbs throughout the subdivision. • Architectural Design – Three Sides Brick: We request the removal of the condition requiring three sides brick and replace it with a condition stating the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting. We look forward to presenting this request at the upcoming City Council meeting. Thank you for your time, consideration, and continued service to our community. Sincerely, Eric Armstong Eric Armstrong Project Manager STOCKBRIDGE OFFICE: 235 Corporate Center Dr., Suite 200, Stockbridge, GA 30281 / Phone: 770.389.8666 CUMMING OFFICE: 500 Pirkle Ferry Road, Suite C, Cumming, GA 30040 / Phone: 678.807.7100 NEWNAN OFFICE: 40 Greenway Circle, Suite A, Newnan, GA 30265 / Phone: 770.755.7978 STOCKBRIDGE OFFICE: 235 Corporate Center Dr., Suite 200, Stockbridge, GA 30281 / Phone: 770.389.8666 CUMMING OFFICE: 500 Pirkle Ferry Road, Suite C, Cumming, GA 30040 / Phone: 678.807.7100 NEWNAN OFFICE: 40 Greenway Circle, Suite A, Newnan, GA 30265 / Phone: 770.755.7978 CITY OF STOCKBRIDGE PLANNING & ZONING DIVISION REVIEWED FOR CODE COMPLIANCE These drawings were reviewed under the applicable laws in effect at the time of submittal. Reasonable effort was exercised in checking for code compliance. The stamping of these documents shall not be construed to be a permit for, or an approval of, any violation of state and/or local codes, amendments, or ordinances thereto. Reviewer: Linda Logan 03/28/25 LAND USE SUMMARY CIVIL ENGINEERING LAND SURVEYING COA NO. PER 004790 COA NO. LSF 000995 CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECT LAND PLANNING S CURRENT ZONING: MFR T TOTAL SITE AREA: 15.57 ac TOTAL UNITS: 90 GROSS DENSITY: 5.78 du/ac SS L=201.37 R=406.21 CH=S05° 22' 57"W CL=199.32 MFR STANDARDS TOWNHOME WIDTH: 24' T T FRONT S/B: 30' FALCON DESIGN CONSULTANTS T CENTE R STRE ET 40' PUB LIC R/W MIN. BUILDING SEPARATION: 20' STOCKBRIDGE OFFICE 235 CORP. CTR. DR., STE 200 STOCKBRIDGE, GEORGIA 30281 Ph (770)389-8666 - Fax (770)389-8656 TT T E T T T T N89°57'17"W 106.88' GAS X X X X X X X X X X X 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 X X X X X W X 50 X T X 49 X 43 X SS X X 42 T W X 41 X X S88°56'26"E 399.83' X DETENTION POND X X X X X 37 38 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 12 11 9 8 7 6 5 4 1 2 3 X X X X X X X X SS 36 13 10 X X S WT X X N00°25'55"E 147.06' N00°35'07"E 242.73' X X OF CREEK TW S88°43'05"W 149.14' X X 39 SS X X 40 X X X X 25' BUFFER X X X X 521.49' N00°41'12"E T 55.55' N00°03'10"W 118.41' N00°31'28"E 99.74' N00°43'22"E 194.50' N00°59'58"E 175.98' N00°58'11"E SS X SS X 113.63' N88°16'15"W X X TOP OF BANK CLUB PLACE 40' PUBLIC R/W W E 500 YR FLOOD LINE GENERAL NOTES: 1. LAYOUT IS CONCEPTUAL IN NATURE AND IS FOR PLANNING PURPOSES ONLY. FURTHER INFORMATION WILL BE REQUIRED TO DESIGN THE PROJECT. 2. 25' BUFFER SHOWN ON PLAN DRAWN IN ACCORDANCE WITH STOCKBRIDGE UNIFIED DEVELOPMENT CODE SECTION 4.6. GRID NORTH GA WEST ZONE 3. PROPERTY BOUNDARIES OBTAINED FROM ALTA SURVEY PERFORMED BY LJA SURVEYING, INC. DATED JANUARY 09, 2026. 4. EACH INDIVIDUAL TOWNHOME UNIT WITHIN THIS DEVELOPMENT SHALL BE SERVICED BY INDIVIDUAL, CURBSIDE SOLID WASTE COLLECTION. NO CENTRALIZED OR COLLECTIVE DUMPSTER LOCATIONS SHALL BE UTILIZED WITHIN THE DEVELOPMENT. GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 inch = 50 ft. P:\Projects\594.001 4882 North Henry Blvd\PLANNING\CONCEPTS\Zoning Modification\Bridgeview Zoning Mod Concept.dwg, EArmstrong, Mon, Aug 10, 2026 6:26pm 100 OR DIAL 811 TE 48 1 (800) 282-7411 THROUGHOUT GEORGIA GAS 47 Call before you dig. TE GAS X 46 45 UTILITIES PROTECTION CENTER E X 44 LOCATED IN: LAND LOT 60, 12TH DISTRICT CITY OF STOCKBRIDGE. GEORGIA W T X X 72 X 71 Know what's below. T X OPEN SPACE X 69 70 W GAS X E X PLAYGROUND NORTH HENRY BLVD SS (VARIABLE PUBLIC PUBLICSS R/W) T E X CBU 25' BUFFER BRIDGEVIEW TOWNHOMES W S X X DOG PARK ZONING MODIFICATION CONCEPT PLAN FOR 90 T FALCON DESIGN CONSULTANTS, LLC. ALL RIGHTS ARE RESERVED. ANY POSSESION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT PRIOR WRITTEN PERMISSION FROM FALCON DESIGN CONSULTANTS, LLC. IS EXPRESSLY PROHIBITED. 73 X X X S SS T T T T T T T E GAS E E T T S 74 SS SS SS T GAS S T SS T E T T T SS T E GAS S GAS T SS E SS X X X S00°45'47"W 1158.71' SS SS T S X SS E SS 89 E SS 100 YR FLOOD LINE EX. 20' S.S.E. T SS 88 X SS 75 X T EX. 20' S.S.E. SS 87 X T X E SS T T S 500 YR FLOOD LINE SS SS SS 76 L=345.08 R=11504.16 CH=S89° 34' 39"W CL=345.07 REVISED PER CITY COMMENTS REVISED PER CITY COMMENTS SS T W 86 SS 77 T 85 X 78 DETENTION POND X 84 X 79 1. 7/21/26 2. 8/10/26 3. 4. 5. 6. 7. 8. S87°24'31"E 83 T GA SS E 180.01' S00°22'03"WX TT T .77' 207 X SS E SS T T E SS T SS E X T GAS SS T E T E T E T E REVISIONS 80 CUMMING OFFICE 500 PIRKLE FERRY RD., STE C CUMMING, GEORGIA 30040 Ph. (678) 807-7100 www.fdc-llc.com T 81 SS T E 124.09' N89°36'08"E T SS 82 NEWNAN OFFICE 40 GREENWAY CT., STE A NEWNAN, GEORGIA 30265 Ph. (770) 755-7978 DATE SIDE S/B: 15' REAR S/B: 20' SS T DATE: 7/10/26 SCALE: 1" = 50' PROJ NUMBER: 594.001 DRAWN BY: EDA AP REVIEWED BY: REVISED BY: - THIS DOCUMENT IS NOT VALID UNLESS IT BEARS THE ORIGINAL SIGNATURE OF THE REGISTRANT ACROSS THE REGISTRANT'S SEAL. SHEET NUMBER 1.0 N P O FLIPPEN ROAD 2 TELEPHONE PEDASTAL ENCROACHES 5.4' TELEPHONE PEDASTAL ENCROACHES 8.1' T T E FIBER OPTIC MARKER T COMPUTED POINT SET 5/8" CAPPED REBAR (LSF #1390) SS W G G OHE UGE X X T E T T FOUND 1/2" REBAR BUILDING X THIS PLAT IS A RETRACEMENT OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT SUBDIVIDE OR CREATE A NEW PARCEL OR MAKE ANY CHANGES TO ANY REAL PROPERTY BOUNDARIES. THE RECORDING INFORMATION OF THE DOCUMENTS, MAPS, PLATS, OR OTHER INSTRUMENTS WHICH CREATED THE PARCEL OR PARCELS ARE STATED HEREON. RECORDATION OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICTION, AVAILABILITY OF PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR REQUIREMENTS, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND. FURTHERMORE, THE UNDERSIGNED LAND SURVEYOR CERTIFIES THAT THIS PLAT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN THE RULES AND REGULATIONS OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN O.C.G.A. SECTION 15-6-67. N/F P.I.D. #S18-02004000 ARCH-DENT PROPERTY HOLDING LLC DB 17430 PG 316 ISSUE: DATE T E W BC BC FOR DRAFTED BY: JWW CHECKED BY: MCB W OHE E OH T T Date LJAS4352-2601 T OHE G G OHE FOUND 1/2" REBAR 1.88' IN R/W OHE G SURVEYOR CERTIFICATION TO: APEX STOCKBRIDGE, LLC; CALLOWAY TITLE AND ESCROW, LLC; FARMERS AND MERCHANTS BANK & STEWART TITLE GUARANTY COMPANY THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2021 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 8, 13, 16, 17 AND 19 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED DURING THE MONTH OF OCTOBER OF 2025. 200' 01/09/2026 M. Chayce Bell, GA P.L.S. #3465 Date Know what's below. Call before you dig. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. 12 1 INCH = 100 FEET T PROJECT #: 11 100' WT T W G G OHE OHE W POSSIBLE GAS M. Chayce Bell, GA P.L.S. #3465 01/09/2026 W FOUND T W CONCRETE MONUMENT T G G 0' TELEPHONE PEDESTAL FO 10 W PROPOSED RIGHT OF WAY DEDICATION (SEE SHEET 2) 100' POLYVINYL CHLORIDE PIPE REINFORCED CONCRETE PIPE POINT OF COMMENCEMENT POINT OF BEGINNING STORM SEWER LINE SANITARY SEWER WATER LINE GAS LINE OVERHEAD ELECTRIC UNDERGROUND ELECTRIC PROPERTY LINE ADJACENT PROPERTY LINE FENCE SINGLE WING CATCH BASIN SURVEYOR CERTIFICATION IRON FENCE SUBJECT PROPERTY. RIGHT OF WAY AND EASEMENTS SHOWN HEREON. (n) Easements as contained in that certain QuitClaim Deed (right-of-way purposes) from Marion Power Geis to Georgia Department of Transportation, dated September 1, 1987, filed for record September 24, 1987 at 8:30 a.m., recorded in Deed Book 873, Page 126, aforesaid Records. DOCUMENT INCLUDES THE SUBJECT PROPERTY. RIGHT OF WAY BENCH AND FLAG POLE WATER SPIGOT HOUSE IPS OHE TELEPHONE MANHOLE TELEPHONE BOX LAND LOT IPS X FOUND 1" ROD W G DUCTILE IRON PIPE PVC RCP POC POB 9 FOUND 5/8" REBAR FENCE IPS ENCROACHES 0.7' X EASEMENT FOR DRIVEWAY CONST. DB 842 PG 318 WELL G DIP T G W EASEMENT FOR EASEMENT FOR CONST. AND MAINT. CONST. AND MAINT. OF SLOPES OF SLOPES DB 842 PG 318 DB 842 PG 318 DB 873 PG 126 WT G W EASEMENT FOR DRIVEWAY CONST. DB 873 PG 126 N/F P.I.D. #S1802001001 RAINFORD, CHALCIA DB 4428 PG 6 FENCE ENCROACHES 0.3' E FOUND CONCRETE MONUMENT FOUND 3/8" REBAR X FOUND 1/2" REBAR TT E T N/F P.I.D. #S1801017000 LEWIEL, PILAR C DB 10521 PG 317 T CONCRETE PAD SHED N/F P.I.D. #S1801019000 FOREST RESTAURANT INC DB 15712 PG 18 FOUND 1/2" REBAR T UNDERGROUND ELECTRIC & COMMUNICATIONS LINES (EASEMENT NOT PROVIDED AND PRESCRIPTIVE RIGHTS UNKNOWN) FOUND 5/8" REBAR GAS METER R/W MARKER W FOUND 1/2" REBAR SS FOUND 2" OPEN TOP PIPE N/F P.I.D. #S1802001000 RAINFORD, CHALCIA DB 12228 PG 145 OPEN TOP PIPE T IPS W N/F P.I.D. #S1801018000 AUSBAND, SARA C, ROBERT E JR, ANDREW C,& JOSEPH B DB 13626 PG 16 FOUND 1/2" REBAR T ON LINE G E FOUND 1/2" REBAR IPS CRIMP TOP PIPE OTP IRON PIN FOUND SHED ENCROACHES FOUND 1.7' 5/8" CAPPED T T E REBAR SS T SS T FOUND 1/2" REBAR G SHED ENCROACHES 4.2' FOUND ANGLE IRON CTP 8 SHED ENCROACHES 9.3' FENCE AND SHED ENCROACHES 8.3' T 1 REGULATORY FLOODWAY ELECTRIC METER OAK HILL MANOR TOWNHOME COMMUNITY ~PHASE 1~ PB 9 PG 276 T T HEREON and ZONE AE ELECTRIC BOX E T FIRE HYDRANT WATER METER SEWER MANHOLE UTILITY POLE GUY WIRE 9 T FOUND AXLE 8 ZONE X SHADED REV. 7: TRANSFORMER ENCROACHES 0.7' E 3 (3) Transformers crossing the easterly boundary line of subject property; SHOWN HEREON. W WATER VALVE 7 G 7 TELEPHONE PEDASTAL ENCROACHES 3.3' W HEREON. SIGN REV. 6: T 6 REV. 5: T 4 REV. 3: 01/24/2026 ATTORNEY COMMENTS OAK HILL MANOR TOWNHOME COMMUNITY ~PHASE 2~ PB 11 PG 153 5 INITIAL: T G 4 DESCRIPTION E UNDERGROUND TELEPHONE ELECTRIC AND GAS FOUND 2" OPEN TOP PIPE 15. Current property owner/Site address: OWNER: QMS ENTERPRISES LP ETAL PID: S18-02002005 ADDRESS: 4882 NORTH HENRY BOULEVARD 3 ALTA/NSPS LAND TITLE SURVEY 2 ~CLUB DRIVE S/D~ PB 2 PG 275 (1) Creek crossing the northwesterly boundary line of subject property; SHOWN HEREON. 14. At the time of the field survey there was no observable evidence of recent earth moving work, building construction, building additions, changes in right-of-way, or recent street and/or sidewalk repair. 01/09/2026 T G 1 APEX STOCKBRIDGE, LLC; CALLOWAY TITLE AND ESCROW, LLC; FARMERS AND MERCHANTS BANK & STEWART TITLE GUARANTY COMPANY This plat was prepared for the exclusive use of the person, persons, or entity named hereon. This plat does not extend to any unnamed person, persons, or entity without express written certification by the surveyor naming said person, persons, or entity. REV. 4: This plat has been calculated for closure and is found to be accurate within one foot in 463,136 feet. LAND LOT 60, 12TH DISTRICT CITY OF STOCKBRIDGE HENRY COUNTY, GEORGIA 7. LOCATED IN: 20' SSE & DE SS SS The field data upon which this plat is based was gathered using base and rover using multiple setups and duplicate observations on corners. The processed data has a horizontal position of less than .035'. The scale factor used to adjust the points to ground distances:1.00013253842905 13. LJA Surveying does not warrant the existence or nonexistence of any wetlands or hazardous wastes located on the Subject Property. T SS File Location:s:\sectors\survey\projects\ljas4356 (smith douglas homes)\2501 (north henry boulevard)\06 survey cad\north henry alta - with proposed rw 2026 TRANSFORMER ENCROACHES 1.9' G (m) Easement and limitation of access as contained in that certain Right of Way Deed from Opal Turpin Knowles, Charline Lane Turpin, and Mildred Newton Turpin to Department of Transportation, dated June 15, 1987, filed for record June 30, 1987 at 11:40 a.m., recorded in Deed Book 842, Page 318, aforesaid Records. DOCUMENT INCLUDES THE 6. 6 5 FOUND 1/2" REBAR North arrow and bearings shown hereon are based on GA West Zone - NAD83 adjusted 2011. Using Global Positional System (GPS) and obtained by RTK observations on 11-28-2023 using the Leica Smartnet System. All distances are horizontal ground measurements expressed in U.S. Survey Feet. 5 237, aforesaid Records. SHOWN HEREON. SS ESTABLISHES 40' RIGHT OF WAY OF CENTER STREET. DRAINAGE RIGHTS ARE APPARENTLY BLANKET IN NATURE. PLAT REFERENCED IN DEED NOT PROVIDED OR FOUND TO VERIFY LIMITS OF DRAINAGE RIGHTS. OTHER RESTRICTIONS MAY AFFECT PROPERTY. 5. 4 SS FOUND 1 1/2" OPEN TOP PIPE (p) All those matters as disclosed by that certain plat recorded in Plat Book 65, Page G (l) Drainage rights as contained in that certain Right of Way Deed from Mostok, Inc. to The City of Stockbridge, a political subdivision of the State of Georgia, dated March 28,1980, filed for record April 9, 1980 at 2:26 p.m., recorded in Deed Book 413, Page 22, aforesaid Records. The locations of underground utilities shown hereon are based on visible structures and maps and/or field located markings provided by LJA Surveying. and are approximate only. The property shown hereon may be served by underground utilities which are not shown hereon. LJA makes no warranties or claims that all utilities are marked or accurate. All Utility Companies should be contacted before beginning any design or construction. LJS Surveying report can be provided upon request 11. This survey is not valid without the Original Signature and Seal of a Georgia Licensed Surveyor. SS SS SS PROPERTY - PROPERTY IS APPROXIMATELY 2 MILES NORTHWEST OF SUBJECT PROPERTY. 4. 12. There was no observable evidence of Human Burials or Cemeteries on Subject Property at the time of the field Survey. SS (k) Right of Way Easement from Mrs. J. T. Mays, Jr. to State Highway Department of Georgia, dated March 10, 1970, filed for record May 4, 1970 at 4:30 p.m., recorded in Deed Book 112, Page 256, aforesaid Records. DOES NOT LIE UPON OR TOUCH SUBJECT According to the Flood Insurance Rate Map (FIRM) for Henry County, Georgia, (Community-panel number 13151C0086D, dated October 6, 2016), a portion of the property lies within the following zones: Zone X, Zone X Shaded, Zone AE, and Regulatory Floodway with BFE. 10. State, County, and Local buffers and setbacks might exist on the subject property that are not shown hereon. FOUND 1/2" REBAR T TOUCH SUBJECT PROPERTY - PROPERTY LIES WITHIN "BRUSHY CREEK" GMD 622. THE CITY OF STOCKBRIDGE LIES WITHIN GMD 775. FOUND 5/8 REBAR SS APPROXIMATELY 2 MILES NORTHWEST OF SUBJECT PROPERTY. 4 6 (i) Easement and drainage rights as contained in that certain Right-of-Way Deed from Mrs. Miriam Dodd Mays to State Highway Department of Georgia, dated September 26, 1969, filed for record October 9, 1969 at 4:15 p.m., recorded in Deed Book 108, Page 313, aforesaid Records. DOES NOT LIE UPON OR TOUCH SUBJECT PROPERTY- PROPERTY IS (j) Right-of-Way Easement from B.R. Turpin to Snapping Shoals Electric Membership Corporation, a corporation, dated March 31, 1938, filed for record February 19, 1970 at 10:00 a.m., recorded in Deed Book 110, Page 441, aforesaid Records. DOES NOT LIE UPON OR 3. 8. Equipment used for measurement: GPS: Leica GS18 GPS Base and Rover Receivers 5 IS LOCATED SOUTHWEST AND ACROSS THE STREET FROM THE SUBJECT PROPERTY. NOT LIE UPON OR TOUCH SUBJECT PROPERTY - PROPERTY IS APPROXIMATELY 2 MILES NORTHWEST OF SUBJECT PROPERTY. The property shown hereon is subject to all easements and restrictions of record both written and unwritten. 3 7 3 (g) Easement from J. T. Mays, Jr. to Georgia Power Company, dated May 15, 1947, recorded (8) Twenty (20') foot sanitary sewer easement crossing the easterly boundary line of subject October 10, 1947, recorded in Deed Book 38, Page 535, aforesaid Records. DOCUMENT property. SHOWN HEREON. IS VAGUE AND MAY OR MAY NOT INCLUDE THE SUBJECT PROPERTY. (r) Any security interest created at closing. (h) Easement as contained in that certain Right-of-Way Easement (Detour) from Miriam Dodd Mays to State Highway Department of Georgia, dated September 26, 1969, filed for record October 9, 1969 at 4:15 p.m., recorded in Deed Book 108, Page 312, aforesaid Records. DOES 2. 9. FOUND 1 " IRON ROD S18-01019000. PROPERTY - PROPERTY IS APPROXIMATELY 2 MILES NORTHWEST OF SUBJECT PROPERTY. ~TURNING POINT S/D~ PB 26 PG 45 8 X ~CLUB DRIVE S/D~ PB 2 PG 275 (f) Drainage rights as contained in that certain Right-of-Way Deed from J.T. Mays to State Highway (6) Sheds crossing the easterly boundary lines of subject property; SHOWN HEREON. Board of Georgia, dated July 5, 1927, recorded August 2, 1927, recorded in Deed Book 23, Page 288, aforesaid Records. DOES NOT LIE UPON OR TOUCH SUBJECT (7) Overhead electrical lines crossing the westerly boundary line of subject property; SHOWN NOLAN STREET 6 37 7 (c) Riparian rights incident to the premises. (4) Telephone pedestal crossing the easterly boundary lines of subject property; SHOWN (d) Rights of tenants in possession under unrecorded leases. HEREON. (e) Drainage rights as contained in that certain Right-of-Way Deed from J.T. Mays to State Highway Board of Georgia, dated July 5, 1927, recorded August 2, 1927, recorded in Deed Book 23, (5) Underground telephone, electrical and gas lines crossing the easterly and southeasterly Page 287, Records of Henry County, Georgia. DOES NOT LIE UPON OR TOUCH boundary lines of subject property; SHOWN HEREON. SUBJECT PROPERTY - PROPERTY IS WEST OF SUBJECT PROPERTY PID# N HENRY BOULEVARD All easements and rights of way of which the surveyor has knowledge are shown hereon; others may exist of which the surveyor has no knowledge and of which there is no observable evidence. 9 36 (2) Fences crossing the easterly and southeasterly boundary lines of subject property; SHOWN 2 FENCE ENCROACHES 29.0' SS 3. Special Exceptions: (a) All taxes for the year 2026 and subsequent years, not yet due and payable. (b) Any and all unpaid water bills associated with subject property. NOTE: The above item may be removed or modified upon further examination. 763.6 SS (q) Those matters as shown on that certain survey entitled "ALTA/NSPS Land Title Survey To: FORESTAR (USA) REAL ESTATE GROUP & STEWART Title Insurance Company", prepared by LJA Surveying Inc., bearing the seal and certification of Michael C. Bell, Georgia Registered Land Surveyor No. 3465, dated February 23, 2024, last revised 2024, being designated as Project No. LJAS4283-2301, as follows: D 1. 11 SS FENCE ENCROACHES 22.4' SS 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the public records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I Requirements are met. 2. Standard Exceptions: (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (e) Taxes or special assessments which are not shown as existing liens by the public records. 1 13 SS .6 763 T W AND EASEMENTS SHOWN HEREON. LEVA R SURVEY NOTES 10 OHE 8 BOU W BURKE STREET BURKE STREET SS .6 763 35 SS SITE 12 OHE T PARKWOOD DRIVE 14 ZONE X SHADED CLUB PLACE VICINITY MAP - NOT TO SCALE ZONE X SHADED 15 ZONE X SHADED 34 33 SS SS ZONE AE DAVIS ROAD 17 FOUND 1/2 " OPEN TOP PIPE ~CLUB DRIVE S/D~ PB 2 PG 275 (o) Limitation of access and easement as contained in that certain Right of Way Deed from Mildred Newton Turpin to Department of Transportation, dated September 4, 1987, filed for record September 21, 1987 at 8:35 a.m., recorded in Deed Book 873, Page 144, aforesaid Records. DOES NOT LIE UPON OR TOUCH SUBJECT PROPERTY - PROPERTY OLD A NT ATLA AD RO 16 ZONE AE SURVEYOR COMMENTS AS TO THOSE SCHEDULE B-II TITLE EXCEPTIONS AS SHOWN ON THAT COMMITMENT FOR TITLE INSURANCE BY STUART TITLE GUARANTY COMPANY HAVING A COMMITMENT NUMBER: 2-45050(R) AND A COMMITMENT DATE OF DECEMBER 03, 2025 AT 5:00PM. NRY APPROXIMATE LAND LOT LINE REGULATORY FLOODWAY N/F P.I.D. #S18-01001000 LONDON, SHIRLEY E DB 528 PG 341 N HE BURKE STREET DAVIS ROAD DRIVE ZONE AE FOUND AXLE CREEK CIRCLE CLUB DRIVE R TE CLUB CIRCLE N CE CLUB AD S RO FOUND 5/8 REBAR UB CL CLE CIR D SHIEL SS FB L FOUND 1/2 " OPEN TOP PIPE APPROXIMATE LAND LOT LINE THIS BLOCK RESERVED FOR THE CLERK OF THE SUPERIOR COURT. O INE CR EK CRE LE CIRC GRID NORTH GEORGIA WEST STATE PLANE NAD 83 (2011) SS SH RU N/F P.I.D. #S18-02024000 CITY OF STOCKBRIDGE DB 4171 PG 168 K EE CLUB E CIRCL CLUB CIRCLE REGULATORY FLOODWAY Q Phone 713.953.5200 LSF No. 1390 M 4525 SOUTH LEE STREET BUFORD, GA 30518 L NORTH HENRY TRACT K J REV. 2: 01/14/2026 ATTORNEY COMMENTS I REV. 1: 01/13/2026 SCHEDULE B-II ANSWERS & RIGHT-OF-WAY WIDTH H G TYE STREET F TURNING POINT E OAK HILL TERRACE D McCAIN CREEK TRAIL C BOW STR EN EET B BEACON STREET A COPYRIGHT 2026 LJA SURVEYING INC NO REPRODUCTION SHALL BE MADE WITHOUT THE PRIOR WRITTEN CONSENT OF LJA SURVEYING INC SHEET NO: 1 OF 2 E F G H I J K L M N P O Q 2 4525 SOUTH LEE STREET BUFORD, GA 30518 Phone 713.953.5200 LSF No. 1390 1 OHE 6 ALTA/NSPS LAND TITLE SURVEY 5 Proposed Right Of Way Dedication A parcel of land lying in Land Lot 60 of the 12th Land District, City of Stockbridge, Henry County, Georgia and being more particularly described as follows: INITIAL: ISSUE: DATE REV. 1: 01/13/2026 SCHEDULE B-II ANSWERS & RIGHT-OF-WAY WIDTH DESCRIPTION Said parcel contains 7,712 square feet, or 0.177 acres. 9 10 DRAFTED BY: JWW CHECKED BY: MCB PROJECT #: LJAS4352-2601 11 Know what's below. Call before you dig. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR ITS REPRESENTATIVE. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. 12 File Location:s:\sectors\survey\projects\ljas4356 (smith douglas homes)\2501 (north henry boulevard)\06 survey cad\north henry alta - with proposed rw 2026 8 Thence leaving said TRUE POINT OF BEGINNING, run southwesterly along the arc of a curve having a radius of 11504.16 feet, a central angle of 01 Degrees 40 Minutes 10 Seconds, a chord bearing of South 89 Degrees 33 Minutes 10 Seconds West a chord distance of 335.18 feet, and along the arc of said curve and said right-of-way for a distance of 335.19 feet to a point; Thence run South 88 Degrees 43 Minutes 05 Seconds West for a distance of 143.22 feet to a point; Thence leaving said right-of-way run North 62 Degrees 25 Minutes 19 Seconds East for a distance of 28.22 feet to a point; Thence run North 88 Degrees 43 Minutes 05 Seconds East for a distance of 80.81 feet to a point; run thence northeasterly on a curve having a radius of 7.50 feet, a central angle of 47 Degrees 53 Minutes 16 Seconds, a chord bearing of North 64 Degrees 46 Minutes 28 Seconds East a chord distance of 6.09 feet, and along the arc of said curve for a distance of 6.27 feet to a point; run thence northeasterly along the arc of a curve having a radius of 24.50 feet, a central angle of 48 Degrees 12 Minutes 56 Seconds, a chord bearing of North 64 Degrees 56 Minutes 18 Seconds East a chord distance of 20.01 feet, and along the arc of said curve an arc distance of 20.62 feet to a point; Thence run North 89 Degrees 02 Minutes 46 Seconds East for a distance of 65.43 feet to a point; Thence run North 89 Degrees 02 Minutes 46 Seconds East for a distance of 123.42 feet to a point; Thence run South 75 Degrees 01 Minutes 04 Seconds East for a distance of 52.10 feet to a point; Thence run North 89 Degrees 46 Minutes 29 Seconds East for a distance of 83.96 feet to a point; Thence run South 68 Degrees 34 Minutes 12 Seconds East for a distance of 27.72 feet to the TRUE POINT OF BEGINNING. 7 Commence at a found concrete monument at the intersection of the westerly right of way of Center Street (40' public right of way) and the northerly right of way of North Henry Boulevard (80' public right of way), thence run North 89 Degrees 20 Minutes 26 Seconds West along said northerly right of way of North Henry Boulevard for a distance of 90.76 feet to a set 5/8” capped rebar (L.S.F #1390); thence run North 89 Degrees 35 Minutes 16 Seconds West along said right-of-way for a distance of 9.89 feet to a point being the TRUE POINT OF BEGINNING; REV. 3: 01/24/2026 ATTORNEY COMMENTS OHE G NORTH HENRY TRACT OHE G T REV. 2: 01/14/2026 ATTORNEY COMMENTS BUILDING X G W T LOCATED IN: W OHE OHE TW OH E OHE W G G G G T W W OHE E OH T OHE 01/09/2026 BC E OH W 4 WT IRON FENCE E OH Said parcel contains 678,640 square feet, or 15.579 acres. TW W E OH Said parcel contains 678,640 square feet, or 15.579 acres. OHE T Thence leaving said TRUE POINT OF BEGINNING and run thence westerly along a curve having a radius of 11,504.16 feet, a central angle of 01 degrees 43 minutes 07 seconds, chord bearing of South 89 degrees 34 minutes 39 seconds West a chord length of 345.07 feet , and along the arc of said curve and said right of way of North Henry Boulevard (variable public right of way) for an arc distance of 345.08 feet to a point; thence run South 88 degrees 43 minutes 05 seconds West along said right-of-way for a distance of 149.14 feet to a set 5/8” capped rebar (L.S.F #1390); Thence leaving said right-of-way run North 00 degrees 35 minutes 07 seconds East for a distance of 242.73 feet to found 5/8" rebar; thence run North 00 degrees 25 minutes 55 seconds East for a distance of 147.06 feet to a set 5/8” capped rebar (L.S.F #1390); Thence run North 88 degrees 16 minutes 15 seconds West for a distance of 113.63 feet to a found angle iron; thence run North 00 degrees 58 minutes 11 seconds East for a distance of 175.98 feet to a found axle; thence run North 00 degrees 59 minutes 58 seconds East for a distance of 194.50 feet to a found 2” open top pipe; Thence run North 00 degrees 43 minutes 22 seconds East for a distance of 99.74 feet to a found 1 1/2" open top pipe; Thence run North 00 degrees 31 minutes 28 seconds East for a distance of 118.41 feet to found 1” rod; thence run North 00 degrees 41 minutes 12 seconds East for a distance of 521.49 feet to a found 1/2" open top pipe; thence run North 00 degrees 03 minutes 10 seconds West for a distance of 55.55 feet to a found 1/2" open top pipe; thence run South 88 degrees 56 minutes 26 seconds East for a distance of 399.83 feet to a found axle; thence run South 00 degrees 45 minutes 47 seconds West for a distance of 1,158.71 feet to a found 1/2" rebar; thence run South 87 degrees 24 minutes 31 seconds East for a distance of 207.77 feet to a found 3/8” rebar; thence run North 89 degrees 36 minutes 08 seconds East for a distance of 124.09 feet to a found 5/8” capped rebar lying on the westerly right of way of Center Street (40' public right of way); run thence south westerly along a curve having a radius of 406.21 feet, a central angle of 28 degrees 24 minutes 14 seconds, chord bearing of South 05 degrees 22 minutes 57 seconds West a chord length of 199.32 feet, along the arc of said curve and said right of way for an arc distance of 201.37 feet to a set 5/8” capped rebar (L.S.F. #1390); thence leaving said right of way run North 89 degrees 57 minutes 17 seconds West for a distance of 106.88 feet to a set 5/8” capped rebar (L.S.F. #1390); thence run South 00 degrees 22 minutes 03 seconds West for a distance of 180.01 feet to the TRUE POINT OF BEGINNING. E W 3 X WATER SPIGOT HOUSE G OHE Commence at a found concrete monument at the intersection of the westerly right of way of Center Street (40' public right of way) and the northerly right of way of North Henry Boulevard (variable public right of way), thence run North 89 degrees 20 minutes 26 seconds West along said right of way for a distance of 90.76 feet to set 5/8” capped rebar (L.S.F #1390) and the TRUE POINT OF BEGINNING. BENCH AND FLAG POLE OHE Thence leaving said POINT OF BEGINNING along a curve to the left, said curve having a radius of 11,504.16 feet, a central angle of 01 degrees 43 minutes 07 seconds, chord bearing of South 89 degrees 34 minutes 39 seconds West, and a chord length of 345.07 feet, thence run along the arc of said curve and said right of way of North Henry Boulevard (80' public right of way) for a distance of 345.08 feet to a point; thence run South 88 degrees 43 minutes 05 seconds West along said right-of-way for a distance of 149.14 feet to a set 5/8” capped rebar (L.S.F #1390); Thence leaving said right-of-way run North 00 degrees 35 minutes 07 seconds East for a distance of 242.73 feet to found 5/8" rebar; thence run North 00 degrees 25 minutes 55 seconds East for a distance of 147.06 feet to a set 5/8” capped rebar (L.S.F #1390); Thence run North 88 degrees 16 minutes 15 seconds West for a distance of 113.63 feet to a found angle iron; thence run North 00 degrees 58 minutes 11 seconds East for a distance of 175.98 feet to a found axle; thence run North 00 degrees 59 minutes 58 seconds East for a distance of 194.50 feet to a found 2” open top pipe; Thence run North 00 degrees 43 minutes 22 seconds East for a distance of 99.74 feet to a found 1 1/2" open top pipe; Thence run North 00 degrees 31 minutes 28 seconds East for a distance of 118.41 feet to found 1” rod; thence run North 00 degrees 41 minutes 12 seconds East for a distance of 521.49 feet to a found 1/2" open top pipe; thence run North 00 degrees 03 minutes 10 seconds West for a distance of 55.55 feet to a found 1/2" open top pipe; thence run South 88 degrees 56 minutes 26 seconds East for a distance of 399.83 feet to a found axle; thence run South 00 degrees 45 minutes 47 seconds West for a distance of 1,158.71 feet to a found 1/2" rebar; thence run South 87 degrees 24 minutes 31 seconds East for a distance of 207.77 feet to a found 3/8” rebar; thence run North 89 degrees 36 minutes 08 seconds East for a distance of 124.09 feet to a set 5/8” capped rebar (L.S.F. #1390) lying on the westerly right of way of Center Street (40' public right of way); said point lying on a curve to the right, said curve having a radius of 406.21 feet, a central angle of 28 degrees 24 minutes 14 seconds, chord bearing of South 05 degrees 22 minutes 57 seconds West, and a chord length of 199.32 feet, thence run along the arc of said curve and said right of way for a distance of 201.37 feet to a set 5/8” capped rebar (L.S.F. #1390); thence leaving said right of way run North 89 degrees 57 minutes 17 seconds West for a distance of 106.88 feet to a set 5/8” capped rebar (L.S.F. #1390); thence run South 00 degrees 22 minutes 03 seconds West for a distance of 180.01 feet to the POINT OF BEGINNING. A parcel of land lying in Land Lot 60 of the 12th Land District, City of Stockbridge, Henry County, Georgia and being more particularly described as follows: G Commence at a found concrete monument at the intersection of the westerly right of way of Center Street (40' public right of way) and the northerly right of way of North Henry Boulevard (80' public right of way), thence run North 88 degrees 04 minutes 52 seconds West along said right of way for a distance of 90.76 feet to set 5/8” capped rebar (L.S.F #1390), said point being the POINT OF BEGINNING, of the parcel herein described. As Surveyed - Legal Description (Overall) T th Land District, Henry County, Georgia and being A parcel of land lying in Land Lot 60 of the 12 more particularly described as follows: SHED Title - Legal Description LAND LOT 60, 12TH DISTRICT FOR CITY OF STOCKBRIDGE SHEPCO PAVING, INC; CALLOWAY TITLE & ESCROW, LLC, & STEWART TITLE GUARANTY COMPANY HENRY COUNTY, GEORGIA THIS BLOCK RESERVED FOR THE CLERK OF THE SUPERIOR COURT. REV. 7: D REV. 6: C REV. 5: B REV. 4: A COPYRIGHT 2026 LJA SURVEYING INC NO REPRODUCTION SHALL BE MADE WITHOUT THE PRIOR WRITTEN CONSENT OF LJA SURVEYING INC SHEET NO: 2 OF 2 1 TO: Stockbridge Mayor and City Council Stockbridge Planning Commission FROM: Linda M. Logan, Senior Planner, Planning and Zoning Division CC: Ryan Anderson, Community Development Director Veronica Green, Chief Planner DATE: August 20, 2026 and September 17, 2026 SUBJECT: Staff Report for Zoning Modification Case #ZM-2026-03 for 4882 North Henry Boulevard (Council District 4). _______________________________________________________________________ PURPOSE The applicant for ZM-2026-03, Aaron Rissler of Apex Stockbridge, LLC (represented by Sara Shirk of Falcon Design), proposes building a revised townhome development with 90 units at 4882 North Henry Boulevard. The applicant is requesting the approval of a major zoning modification from Ordinance #RZ-2023-10, which was approved on February 12, 2024, to allow for the approval of a revised site plan, and to request the removal of five (5) of the twelve (12) zoning conditions that were required as part of the approval of RZ-2023-10. The purpose of Rezoning Case #RZ-2023-10 was to rezone the property to MFR (Multiple Family Residential). Two other associated cases were also approved on the same date. They were Comprehensive Plan Amendment Case #CP-2023-09 (which changed the property’s future land use designation to Medium-Density Residential) and Variance Case #VR-2023-06 (which granted a variance to reduce the front yard setbacks of the proposed townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet). The previous applicant for CP-2023-09, RZ-2023-10, and VR-2023-06 was Forester (USA) Real Estate Group, Inc., represented by J. Alexander Brock of Smith, Gambrell, & Russell, LLP. The approved 90-unit townhome development was not built, and the property was later sold to a new owner, Apex Stockbridge, LLC. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 2 Before the property was sold, the previous applicant filed a recombination application for the five (5) parcels which originally comprised the 15.601 +/- acres of the subject property at the time when RZ-2023-10 was approved. The parcels are listed below, and they are shown on the Vicinity Map and Aerial Photograph Showing Five Parcels. The recombination plat was approved by the Community Development Staff, and it was recorded in the Henry County Superior Court on August 13, 2024, as is shown below. 1. 4844 North Henry Boulevard (Parcel #S18-02003000) -- Contained 1.20 +/- acres. 2. 4882 North Henry Boulevard (Parcel #S18-02002005) -- Contained 1.09 +/- acres. 3. 4900 North Henry Boulevard, first tract (Parcel #S18-02002000) -- Contained 10.62 +/acres. 4. 4900 North Henry Boulevard, second tract (Parcel #S18-02002006) -- Contained 2.21 +/acres. 5. Parcel on Center Street with No Address (Parcel #S18-02004009) -- Contained 0.56 +/acres. Now, Apex Stockbridge, LLC proposes building a townhome development with 90 units according to a revised site plan which would include the removal of five (5) zoning conditions that were required as part of the approval of RZ-2023-10. They are listed below, with the same numbering as is on the approved ordinance for RZ-2023-10. The zoning and future land use designation of the property would not change. The property contains 15.601 +/- acres within the Stockbridge City Limits. 1. Site Plan—The proposed townhome development shall be constructed according to a design which is similar to the one that is shown on the applicant’s submitted site plan, entitled, “North Henry Townhomes: Forestar Zoning Plan”, which was prepared by Atwell Group on 12/01/23 and received by the Planning and Zoning Staff on 12/04/23. [Note: The site plan showed the provision of a swimming pool and a clubhouse.] 4. Waste Collection—A consolidated waste collection system shall be used, with no individual waste receptacles being permitted. 5. Architectural Design: a. All townhome units shall have brick on at least three sides. [The applicant requests a replacement condition stating that the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting.] b. [No change.] ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 3 c. This shall be a gated community. 6. Rental Units—No more than 10 percent of the townhome units may be rented at any one time. VICINITY MAP—Showing the Original Five Parcels ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 4 AERIAL PHOTOGRAPH SHOWING FIVE ORIGINAL PARCELS ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 5 RECORDED PLAT FOR THE FIVE ORIGINAL PARCELS COMPRISING 4882 NORTH HENRY BOULEVARD Recorded on August 13, 2026 in Henry County Superior Court ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 6 CASE FACTS CHARACTERISTIC FINDINGS Proposed Development: Townhome development with 90 units. Applicant: Aaron Rissler of Apex Stockbridge, LLC (represented by Sara Shirk of Falcon Design). 4882 North Henry Boulevard. Site Address: Parcel ID and Acreage: Owner: Property Location: Current Use: Surrounding Uses: Existing Zoning: Surrounding Zoning: Existing and Proposed Future Land Use Designation: Surrounding Future Land Use Designations: Property Conditions: Parcel #S18-02002005. Has 15.601 +/- acres. Apex Stockbridge, LLC. North side of North Henry Boulevard and west side of Center Street. A former funeral home and garage apartment at 4844 and 4882 North Henry Boulevard, plus vacant land to the north. ~ North—Vacant land. ~ West—Stockbridge Tae Kwon Do Academy and the Club Drive Subdivision. ~ East—Holly Salon and Ameris Bank. ~ South—North Henry Boulevard. ~ Northeast—Oak Hill Manor and Turning Point subdivisions. MFR (Multiple Family Residential) and PMU (Parkway Mixed-Use Overlay District). OI to the west, SR to the north, and MFR to the east and northeast. MDR (Medium-Density Residential). Low-Density Mixed-Use to the west, MediumDensity Residential to the north, and Downtown District / Downtown Village Overlay District to the east. Site is mostly wooded, except for the structures along North Henry Boulevard. The rear of the property is bordered by Brush Creek and its floodplain. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 7 ZONING MAP FOR 4882 NORTH HENRY BOULEVARD ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 8 FUTURE LAND USE MAP FOR 4882 NORTH HENRY BOULEVARD ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 9 PREVIOUSLY-APPROVED DEVELOPMENT The townhome development that was approved for Forestar via RZ-2023-10 was based on a site plan which was entitled, “North Henry Townhomes: Forestar Zoning Plan, prepared by Atwell Group on 12/01/23, and received by the Planning and Zoning Staff on 12/04/23. It is shown below. A total of ninety (90) townhomes were to be built at a density of 5.769 units per acre. There were to be thirteen (13) townhome buildings, and all units were to have three bedrooms. Forestar was granted a variance via #VR-2023-06 to reduce the front yard setbacks of the townhome lots on the north side of North Henry Boulevard and the west side of Center Street from the required 50 feet in the MFR District to 30 feet. The rezoning site plan showed the project entrance to be from North Henry Boulevard, with internal streets leading to two cul-de-sacs. An emergency access would also be provided at the rear of the property to connect with Club Place to the west. The amenities were to be located near the front of the property, and they were to include a pool, a clubhouse, a dog park, and a mail kiosk. A total of 316 parking spaces were to be provided. The site was to have thirty (30) percent open space, and a twenty-five (25)-foot zoning buffer was to surround the property. A traffic impact study was prepared by KCI Technologies, Inc. in December 2023, entitled, “North Henry Residential Development: Traffic Impact Study.” It concluded that traffic service levels at the project entrance would be acceptable upon the project buildout, and it recommended the installation of a westbound deceleration lane at the project entrance. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 10 PREVIOUSLY-APPROVED REZONING SITE PLAN, PER RZ-2023-10 “North Henry Townhomes: Forestar Zoning Plan”, prepared by Atwell Group on 12/01/23, (Received by the Planning and Zoning Staff on 12/04/23) ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 11 REZONING SITE PLAN, ENLARGED ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 12 PREVIOUSLY-APPROVED ADMINISTRATIVE ZONING MODIFICATION Forestar submitted an administrative zoning modification application on September 19, 2024 in response to the Community Development Department’s notification that it would be needed due to differences between Forestar’s submitted land disturbance permit site plan and the rezoning site plan from RZ-2023-10. In its Letter of Intent, Forestar explained that the site plan changes were in direct response to the additional twelve (12) zoning conditions which the City Council added during the public hearing for RZ-2023-10. That is, Forestar made changes to the rezoning site plan to incorporate and comply with the new conditions. These included the inclusion of a gates at the project entrance, the conversion of all townhomes to two-car units, the provision of a community dumpster, and the addition of a 10-foot-wide concrete walking path along the front of the development. PROPOSED DEVELOPMENT A major zoning modification application was received by the Community Development Department from Falcon Design, on behalf of Apex Stockbridge, LLC, on July 10, 2026. The Letter of Intent stated that the purpose of the application was to “better align the project with current market demands, modern infrastructure standards, and long-term community viability.” A new site plan was presented, and the applicant also requested the removal of five of the zoning conditions from RZ-2023-10. The same number of townhomes—ninety (90)—are being proposed as were approved via RZ-2023-10. The applicant obtained a water and sewer availability letter from the City’s Public Works Department, dated January 26, 2026. It stated that “the existing wastewater collection system has sufficient capacity to support the requested sanitary sewer flows. However, the water capacity will be contingent upon the results of the future flow test to be performed by the owner / developer.” Applicant’s Requested Removal of Five Zoning Conditions. The applicant has requested the removal of five (5) of the zoning conditions from RZ-2023-10, as follows: • Amenity Requirements: We request the removal of the condition requiring a community pool and clubhouse. Eliminating these high-maintenance features will lower future Homeowners Association (HOA) dues, making these homes more accessible and financially sustainable for residents. [Included on the rezoning site plan.] • Waste Collection System: We request the removal of the central dumpster requirement. In its place, ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 13 we propose individual, curbside roll-out waste collection for each townhome unit, which provides a cleaner, more traditional residential aesthetic and eliminates a central source of odor ad debris. [Zoning Condition #4 from RZ-2023-10.] • Rental Restrictions: We request the removal of the condition prohibiting the townhomes from being rented. Lifting this restriction provides property owners with necessary financial flexibility and meets the growing demand for diverse housing options within the City of Stockbridge. [Zoning Condition #6 from RZ-2023-10.] • Gated Community Requirement: We request the removal of the condition requiring that the community be gated. This requirement puts a large HOA fee burden on homeowners to finance the ongoing maintenance of the roads and curbs throughout the subdivision. [Zoning Condition #5c from RZ-2023-10.] • Architectural Design – Three Sides Brick: We request the removal of the condition requiring three sides brick and replace it with a condition stating the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting. [Zoning Condition #5a from RZ-2023-10.] Applicant’s Proposed Site Plan. The applicant’s proposed site plan, entitled, “Zoning Modification Concept Plan for Bridgeview Townhomes”, was prepared by Falcon Design on July 1, 2026 as Project Number 594.001 and is shown below. It was received by the Planning & Zoning Office on July 11, 2026, then a revision was received on July 22, 2026. The proposed site plan does not show the required 10-foot walking path along North Henry Boulevard, nor the entrance gate. The two cul-de-sacs are no longer provided. The street adjacent to Lot 82 end abruptly, with no turnaround room provided next to Center Street. This will need to be corrected. The pool and clubhouse were eliminated, per one of the applicant’s requests. The amenities to be provided include a dog park, a playground, and a cabana. And no central dumpster is shown because the applicant is requesting to use individual curbside trash receptacles instead. The zoning modification site plan shows that many of the townhome buildings would have more than six units, which conflicts with Section 4.4.4(C)(1) of the Stockbridge Unified Development Code (UDC), which allows a maximum of only six (6) units per townhome building within the MFR zoning district. In addition, the townhome lots only have front yard setbacks of twentyfive (25) feet. This conflicts not only with the variance which the previous applicant obtained via VR-2023-06 for 30 feet, but also with the current MFR district requirement. This will need to be corrected, or the applicant will need to seek a new variance. Shown below is the applicant’s rendering of a sample townhome building. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 14 Following the site plan, a table portrays the key differences between the rezoning site plan from RZ-2023-10 and the proposed zoning modification site plan for ZM-2026-03. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 15 SITE PLAN FOR ZM-2026-03 FOR BRIDGEVIEW TOWNHOMES: “Zoning Modification Concept Plan for Bridgeview Townhomes”, prepared by Falcon Design on July 10, 2026 as Project Number 594.001; received on August 11, 2026 ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 16 SITE PLAN ENLARGEMENT ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 17 TABLE OF KEY DIFFERENCES BETWEEN THE APPROVED REZONING SITE PLAN (PER RZ-2023-10) AND THE PROPOSED ZONING MODIFICATION SITE PLAN 1 90 townhome units. 2 Entrance gate. ELEMENTS FROM THE PROPOSED ZONING MODIFICATION SITE PLAN 90 townhome units. No entrance gate. 4 Two cul-de-sac streets. 5 Pool and clubhouse. No cul-de-sac streets. No pool or clubhouse. 6 Some townhome buildings with eight or more units per building. Many townhome buildings with eight or more units per building. 7 Central dumpster. No central dumpster. # ELEMENTS FROM THE REZONING SITE PLAN, PER RZ-2023-10 COMMENTS Same. Applicant requests the elimination of the gate to reduce HOA homeowner costs. The internal streets would be public streets, to be maintained by the City. Eliminated. Eliminated. The applicant requests their elimination to save on homeowners’ HOA fees. Although Section 2.4.4(C)(1) of the current UDC specifies the maximum number of units per building in the MFR district as being six (6), the original application for RZ2023-10 was submitted under a previous UDC. Applicant requests the use of individual curbside trash receptables instead of a dumpster. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 18 SAMPLE RENDERING OF A PROPOSED TOWNHOME BUILDING ANALYSIS OF APPLICANT’S REQUESTS 1. Site Plan--The applicant’s proposed site plan, entitled, “Zoning Modification Concept Plan for Bridgeview Townhomes”, was prepared by Falcon Design on July 1, 2026 as Project Number 594.001, revised, and received by the Planning & Zoning Office on July 22, 2026. Although many of the buildings would have eight (8) units, compared with the current UDC’s maximum of six (6) units for the MFR District, this is allowable since the original rezoning application for 4882 North Henry Boulevard (RZ-2023-10) was submitted under a previous UDC. The proposed site plan is therefore acceptable. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 19 2. Amenity Requirements (from the RZ-2023-10 Site Plan)—The applicant has requested the removal of the pool and clubhouse that were shown on the rezoning site plan. The proposed development would have only 90 units. This is fewer than the 100-unit threshold which Section 14.9(C) of the UDC identifies as requiring a pool within a subdivision. This request is therefore reasonable. Also, the inclusion of pool and clubhouse was not cited as a zoning condition for RZ-2023-10. Rather, they were just shown on the rezoning site plan. This request is therefore acceptable. 3. Waste Collection System (from Zoning Condition #4 from RZ-2023-10)—The applicant requested the removal of the central dumpster requirement, and proposes using individual, curbside roll-out receptacles for each townhome unit. Again, since only 90 units would be built, this request seems reasonable. Further, not having a dumpster would reduce the burden on adjacent communities from excess dumpster waste. This request is therefore acceptable. 4. Rental Restrictions (from Zoning Condition #6 from RZ-2023-10)—The applicant requested the removal of the condition prohibiting the townhomes from being rented. This is not accurate because Zoning Condition #RZ-2023-10 allowed 10 percent of the units to be rented. However, removing this condition entirely is not reasonable because the surrounding area consists of fee simple properties rather than rental properties, and the City of Stockbridge wishes to maintain the stability of the neighborhood. While the City is not supportive of removing rental restrictions entirely, the City is willing to modify the condition to allow rentals up to a maximum of 20 percent of the total dwelling units within the development. The HOA shall be responsible for monitoring and enforcing compliance with this cap. This request is therefore partially acceptable. 5. Gated Community Requirement (from Zoning Condition #5c from RZ-2023-10).—The applicant requests the removal of the condition requiring that the community be gated. This request is reasonable due to the fact that fewer than 90 townhome units would be built. In addition, it is desirable to prevent any traffic backups into North Henry Boulevard which the presence of entrance gates might cause. Without the gates, the City of Stockbridge would own and maintain the internal streets as public streets. This request is therefore acceptable. 6. Architectural Design – Three Sides Brick—(from Zoning condition #5a from RZ-202310). The applicant requests the removal of the condition requiring three sides brick and replace it with a condition stating the architectural design of the townhomes will be substantially similar to the rendering provided at the City Council meeting. However, this would conflict with the requirement of Section 4.4.4(C) of the UDC, which states that all buildings (including townhomes) within the MFR district be at least 75 percent brick or stone ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 20 on all four facades. In fact, the zoning condition was less restrictive than the Section 4.4.4(C) requirement. The applicant’s proposed rendering with facades having substantial non-brick portions is not acceptable. However, The City will recommend approval of a modification to the exterior material requirement. In lieu of the previously required three-sided brick standard, the townhomes shall provide a minimum of 75 percent brick or brick veneer on the front facades and end-cap units, with architectural elevations being substantially consistent with the renderings that were presented to the Mayor and City Council. The final design details should be subject to staff review and approval during the permitting process. This request is therefore partially acceptable. CONCLUSIONS The applicant has submitted a zoning modification site plan which differs somewhat from the rezoning site plan from RZ-2023-10, and the applicant has also requested the removal of five of the zoning conditions from RZ-2023-10. As was mentioned above, the site plan is acceptable. Regarding the requests for the removal of five of the zoning conditions from RZ-2023-10, three of them are reasonable and should be granted. These include the removals of the requirements for the inclusions of a pool and clubhouse, entrance gates, and a central dumpster. The request for the removal of the rental restriction is partially acceptable, and the City is willing to increase the allowable percentage of rental units on the property from 10 percent (per RZ-2023-10) to 20 percent at one time. Regarding the applicant’s request to remove the requirement that the townhome buildings have three sides constructed of brick, this request is partially acceptable, with recommended alterations, as was explained above. Therefore, ZM-2026-03 should be partially approved. RECOMMENDATIONS Based on the previous analysis, Zoning Modification Case #ZM-2026-03 should be approved with the following ten (10) conditions: 1. Site Plan—The proposed development for ZM-2026-03 shall conform substantially to the applicant’s proposed site plan, entitled, “Zoning Modification Concept Plan for Bridgeview Townhomes”, as was prepared by Falcon Design on July 10, 2026 as Project Number 594.001, revised, and received by the Planning & Zoning Office on August 11, 2026. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 21 2. Rental Restrictions—No more than ten (20) percent of the total units may be rented at any one time. The HOA shall be responsible for monitoring and enforcing compliance with this cap. (Partial approval of applicant’s request.) 3. Architectural Design—Three Sides Brick—All townhome buildings shall have a minimum of 75 percent brick or brick veneers on the front facades and the end-cap units of the townhome buildings, with architectural elevations to be substantially consistent with the renderings that were presented to the Mayor and City Council. The final design details shall be subject to Staff review and approval during the permitting process. (Partial approval of applicant’s request.) 4. Amenities Requirements—The inclusion of a pool and a clubhouse within the townhome development shall not be required. (Approval of applicant’s request; removal of these items from the rezoning site plan from RZ-2023-10.) 5. Gated Community Requirement—The inclusion of entrance gates for the townhome development shall not be required, subject to the following: (Approval of applicant’s request; removal of Zoning Condition #5c from RZ-2023-10): a. All streets shall be publicly accessible and constructed to applicable City standards. b. The developer shall be responsible for coordinating with the City regarding the acceptance of roads and related infrastructure. c. Any private facilities and common areas shall be maintained by the HOA in accordance with the approved development plans and governing documents. 6. Waste Collection System—The inclusion of a central dumpster for the townhome development shall not be required. Instead, individual, curbside roll-out receptacles for each townhome unit may be used. (Approval of applicant’s request; removal of Zoning Condition #4 from RZ-2023-10.) 7. Two-Car Garages—All townhome units shall have two-car garages. (Emphasizing Condition #5b from RZ-2023-10.) 8. Remaining Conditions from RZ-2023-10—The developer shall comply with the remaining zoning conditions from RZ-2023-10. 9. Water Capacity—The owner / developer shall perform a “future flow test”, in compliance ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 22 with the Public Works letter from January 26, 2026, to determine whether sufficient water capacity exists to serve the proposed townhome development. In addition, the developer shall make any necessary improvements that are specified by Public Works. 10. Trailhead Donation—The property owner or developer shall donate the trailhead to the City of Stockbridge. ZM-2026-03 Staff Report for 4882 North Henry Blvd. / Community Dev. Dept. Stockbridge, GA 09/17/26 Table of Contents CHAPTER 1: GENERAL PROVISIONS .......................................................................................... 6 1.1 Generally ..................................................................................................................... 6 1.2 Documents Adopted by Reference ............................................................................. 9 1.3 Rules of Interpretation .............................................................................................. 10 1.4 Zoning Map and Zoning Districts .............................................................................. 11 1.5 Transitional Provisions .............................................................................................. 13 CHAPTER 2: ZONING AND OVERLAY DISTRICTS ...................................................................... 16 2.1 Generally ................................................................................................................... 16 2.2 Official Zoning Map ................................................................................................... 16 2.3 Establishment of Zoning Districts ............................................................................. 16 2.4 District Conversions .................................................................................................. 25 2.5 Zoning Districts.......................................................................................................... 26 2.6 Legacy Zoning Districts .......................................................................................... 3836 2.7 Special Purpose District ........................................................................................ 4038 2.8 Overlay Districts .................................................................................................... 4644 CHAPTER 3: USE REGULATIONS .......................................................................................... 6359 3.1 Use of Land............................................................................................................ 6359 3.2 Supplemental Use Regulations ............................................................................. 7672 CHAPTER 4: DEVELOPMENT STANDARDS ....................................................................... 149128 4.1 Purpose and Intent ........................................................................................... 149128 4.2 Applicability ....................................................................................................... 149128 4.3 Site Design Standards........................................................................................ 150129 4.4 Architectural Guidelines.................................................................................... 162140 CHAPTER 5: PARKING REQUIREMENTS ........................................................................... 178151 5.1 Purpose ............................................................................................................. 178151 5.2 Applicability ....................................................................................................... 178151 5.3 Maintenance ..................................................................................................... 179152 5.4 General .............................................................................................................. 179152 5.5 Parking Calculation Requirements .................................................................... 181154 5.6 Required Parking Spaces and Loading Spaces .................................................. 182155 5.7 Handicap Parking Requirements....................................................................... 187160 Formatted: Font: 12 pt 1 5.8 Design Standards............................................................................................... 188160 5.9 Shared Parking Arrangements .......................................................................... 191164 5.10 Parking Garages .............................................................................................. 193166 5.11 Bicycle Parking ................................................................................................ 194167 5.12 Stacking Spaces ............................................................................................... 194167 CHAPTER 6: SIGN STANDARDS ........................................................................................ 195168 6.1 Legal Framework ............................................................................................... 195168 6.2 Review and Approval ........................................................................................ 197170 6.3 Administration and Enforcement ..................................................................... 199172 6.4 General Regulations .......................................................................................... 199172 6.5 Illumination ....................................................................................................... 203176 6.6 Authorized Signs by Land Use ........................................................................... 204177 6.7 Permanent Signs ............................................................................................... 205178 6.8 Temporary Signs................................................................................................ 212185 6.9 Requirements for Master Sign Plans ................................................................ 212185 6.10 Landmark Signs ............................................................................................... 214187 6.11 Variances ......................................................................................................... 216189 6.12 Nonconforming Signs ..................................................................................... 216189 CHAPTER 7: NONCONFORMING STANDARDS ................................................................ 216189 7.1 Purpose and Intent ........................................................................................... 216189 7.2 Determination of Lawful Nonconforming Situations........................................ 217190 7.3 Nonconforming Lots of Record ......................................................................... 217190 7.4 Nonconforming Buildings and Structures ......................................................... 218191 7.5 Nonconforming Uses of Property ..................................................................... 219192 7.6 Nonconforming Improvements and Features .................................................. 219192 7.7 Termination of Detrimental Nonconforming Situations .................................. 220193 7.8 Nonconforming Manufactured Homes ............................................................. 220193 CHAPTER 8: REVIEW BODES AND ADMINISTRATORS ..................................................... 221193 8.1 Review Bodies ................................................................................................... 221193 8.2 Planning Commission ........................................................................................ 221194 8.3 Historic Preservation Commission .................................................................... 224196 8.4 Governing Body ................................................................................................. 227200 Formatted: Font: 12 pt 2 8.5 Community Development Director ................................................................... 228200 CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES........................................ 229201 9.1 Purpose and Intent ........................................................................................... 229201 9.2 Permits .............................................................................................................. 230202 9.3 Timber Harvesting ............................................................................................. 240212 CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES........................... 240213 10.1 Generally ......................................................................................................... 240213 10.2 Procedures Summary ...................................................................................... 243215 10.3 Public Notice Requirements ........................................................................... 261233 10.4 Procedures for Conducting Public Hearings ................................................... 264236 10.5 Requirements for Development(s) of Regional Impact .................................. 265237 10.6 Requirements for Designation of Historic Districts and Properties ............... 266238 10.7 Zoning of Annexed Property with Common Zoning Classification ................. 268240 10.8 Waivers ........................................................................................................... 268240 CHAPTER 11: VARIANCES AND APPEALS......................................................................... 271243 11.1 Variances ......................................................................................................... 271243 11.2 Administrative Variances ................................................................................ 273246 11.3 Appeals of Administrative Decisions............................................................... 275247 11.4 Appeals of a Final Action by the Mayor and City Council ............................... 276249 CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT ........................................ 277249 12.1 Authority ......................................................................................................... 277249 12.2 Inspections ...................................................................................................... 277249 12.3 Enforcement.................................................................................................... 279251 12.4 Stop Work Orders and Revocations ................................................................ 283255 12.4 Other Enforcement ......................................................................................... 283255 12.6 Penalties for Violations ................................................................................... 284256 12.7 Appeals or Trials .............................................................................................. 284256 12.8 Enforcement, Remedies, or Injunctive Relief ................................................. 285257 CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION .................................. 285257 13.1 General ............................................................................................................ 285257 13.2 Applicability..................................................................................................... 286258 13.3 Exemptions...................................................................................................... 287259 Formatted: Font: 12 pt 3 13.4 Grandfathered Provisions ............................................................................... 288260 13.5 Procedures ...................................................................................................... 288260 13.6 Tree Protection ............................................................................................... 290262 13.7 Buffer Requirements ....................................................................................... 306279 13.8 Landscape Requirements ................................................................................ 311283 13.9 Timber Harvesting ..................................................................................... 316288287 13.10 Sureties ......................................................................................................... 316288 13.11 Inspection ...................................................................................................... 317289 13.12 Continuing Maintenance .............................................................................. 318290 CHAPTER 14: SUBDIVISIONS ........................................................................................... 318290 14.1 Subdivision Plat Process Applicability ............................................................. 318290 14.2 Plat Procedures ............................................................................................... 318290 14.3 Review and Approval Authority ...................................................................... 319291 14.4 Pre-Application Meeting ................................................................................. 319291 14.5 Preliminary Plat Requirements ....................................................................... 319291 14.6 Exemptions from Preliminary Plat Procedures ............................................... 321293 14.7 Final Plat Requirements .................................................................................. 322294 14.8 Final Plat Recording ........................................................................................ 324296 14.9 Appeals ............................................................................................................ 324296 14.10 Expiration ...................................................................................................... 324296 14.11 Requirements Regarding Ownership and Management of Open Space ...... 325297 14.12 Requirements Regarding Stormwater Facilities ........................................... 325297 14.13 Street Name and Sign Requirements ............................................................ 326298 CHAPTER 15: ENVIRONMENTAL PROTECTION ............................................................... 327299 15.1 Stream Buffer Protection ................................................................................ 327299 15.2 Soil Erosion, Sedimentation, and Pollution Control ....................................... 332304 15.3 Illicit Discharge and Illegal Connection. .......................................................... 345317 15.4 Floodplain Management/Flood Damage Prevention ..................................... 349321 15.5 Wetland Protection. ........................................................................................ 365337 15.6 Watershed Protection. .................................................................................... 368340 15.7 Groundwater Recharge Protection ................................................................. 372344 15.8 Recycling of Water at Commercial Carwash Facilities .................................... 374346 Formatted: Font: 12 pt 4 15.9 Outdoor Watering ......................................................................................... 375347 CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS ......................................................... 376348 16.1 Multimodal Traffic Impact Studies (TIS) ......................................................... 376348 16.2 Minimum Design Standards ............................................................................ 385357 16.3 Streets ............................................................................................................. 386358 16.4 Drainage Standards for Streets ....................................................................... 402374 16.5 Bicycle Facilities Construction Standards........................................................ 408380 16.6 Sidewalk Construction Standards ................................................................... 409381 16.7 Trail Construction Standards........................................................................... 412384 16.8 Transportation Improvement Projects ........................................................... 415387 16.9 Streetlight and Pedestrian Light Requirements .............................................. 416388 16.10 Drinking Water Conservation Requirements ................................................ 418390 CHAPTER 17: STORMWATER MANAGEMENT................................................................. 419391 17.1 Purpose and Intent ......................................................................................... 419391 17.2 Applicability and General Standards ............................................................... 421393 17.3 Stormwater Design Manual ............................................................................ 422394 17.4 Permit Application .................................................................................... 423395394 17.5 Stormwater Concept Plan ......................................................................... 425397396 17.6 Stormwater Management Plan....................................................................... 426398 17.7 Performance Criteria ....................................................................................... 431403 17.8 Stormwater Management Design Requirements ........................................... 439411 17.9 Stormwater Management Utility .................................................................... 440412 CHAPTER 18: GUARANTEES AND SURETIES .................................................................... 449421 CHAPTER 19: ACRONYMS AND DEFINITIONS ................................................................. 454426 19.1 Acronyms ........................................................................................................ 454426 19.2 Definitions ....................................................................................................... 457429 Formatted: Font: 12 pt 5 CHAPTER 1: GENERAL PROVISIONS 1.1 Generally 1.1.1 Short Title This ordinance shall be known as the "Unified Development Code of the City of Stockbridge, Georgia," and may be referred to herein as the " code," " ordinance," or the "UDC." 1.1.2 Components of this Unified Development Code This UDC contains the following parts: A. Text of this UDC; and B. The Official Zoning Map; and C. Any map amendment or conditions of approval adopted in accordance with this Code. 1.1.2 Authority The UDC is enacted based on the authority vested in the City of Stockbridge by the State of Georgia, including but not limited to the Georgia Constitution Article IX, Section 2, Paragraph IV, the Zoning Procedures Law, O.C.G.A. Chapter 36-66-1 et seq., and the charter of the City of Stockbridge, Georgia. 1.1.3 Purpose of the UDC This UDC is adopted for the purpose of promoting the public health, safety, and general welfare of the residents, property owners, and visitors to the City of Stockbridge and to encourage the orderly, harmonious, and judicious use of land, consistent with the goals, policies, and strategies of the City of Stockbridge Comprehensive Plan. More specifically, this UDC is adopted to accomplish the following purposes: A. To balance conservation with environmental stewardship by: 1. Conserving unique natural resources, including delicate ecosystems, forested areas, stream beds, water reservoirs, and archeological sites. 2. Promoting preservation and restoration of the native tree canopy. 3. Protecting the built and natural environments from air, water, noise, and light pollution. 4. Incentivizing the use of sustainable design features in new developments and projects. 5. Promoting the efficient use of land and preservation of open space. B. To achieve design excellence of the built environment by: 1. Providing parking and access standards that appropriately balance pedestrian and vehicular safety and result in safe pedestrian environments of the highest quality. Formatted: Font: 12 pt 6 2. Providing design standards that result in attractive architecture and compatible transitions of uses, height, and building scale between existing and new developments. 3. Providing and promoting housing for all income groups within the City and promoting the stability of neighborhoods. 4. Ensuring development provides adequate light, air, convenience of access, and safety from fire, flood, and other dangers. C. To support enhanced quality of life by: 1. Supporting such timing, density, and distribution of land development and uses that will mitigate overcrowding of land to avoid undue concentration of population based on the availability of resources. 2. Reducing or mitigating congestion in the public streets. 1.1.4 Jurisdiction The regulations, standards, criteria, and procedures that are set forth in this UDC shall govern the design, development, and use of all land within the corporate limits of the City of Stockbridge, Georgia. 1.1.5 Minimum Requirements The provisions of this UDC are intended to be minimum requirements unless otherwise specified. Where the provisions of this UDC impose greater restrictions than other ordinances, the provisions of this UDC shall prevail. Where the provisions of another ordinance impose greater restrictions, the other ordinance shall prevail. 1.1.6 Conflicting Provisions A. This is the City of Stockbridge Unified Development Code, and all other conflicting ordinances and resolutions are hereby repealed. B. If any provision of this UDC is found to be inconsistent with or preempted by state or federal law, regulation, or constitutional requirement, such provision shall be applied only to the extent permitted by law. In such cases, the applicable state or federal requirement shall govern. C. Nothing in this UDC shall be construed or applied in a manner that violates or is preempted by applicable state or federal law, including but not limited to the United States Constitution, the Constitution of the State of Georgia, the Georgia Zoning Procedures Law, the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Fair Housing Act, the Americans with Disabilities Act, or the Telecommunications Act of 1996, as amended. D. Where the provisions of this UDC conflict with other ordinances or regulations of the City of Stockbridge, the more restrictive provision shall govern, to the extent allowed by law. For purposes of this section, the more restrictive provision is the one that imposes more stringent controls or standards on development. These regulations are not intended to abrogate, annul, repeal, or otherwise impair or interfere with existing provisions of other ordinances or regulations except as expressly provided herein. E. The enforcement and interpretation of this UDC shall not be affected by deed restrictions, covenants, or easements, except those imposed as a condition of approval of development plans, special use permits, rezonings, or other approvals granted pursuant to this Unified Development Code. F. The issuance of any approval, certificate, or permit in accordance with the standards and requirements of this UDC shall not relieve the recipient of such approval, certificate, or permit from the responsibility of complying with all other applicable requirements from any other city, county, state, or federal agency having jurisdiction over structures or land for which the approval, certificate, or permit was issued. 1.1.7 Relationship to the Comprehensive Plan The City of Stockbridge Ccomprehensive pPlan, as is updated from time to time according to State requirements, is the official development policy and implementation guide for the City. Its purpose is to coordinate and direct physical and economic development, as well as related public investment, and to provide reasonable regulations for the development of private property in the interest of public health, safety, and welfare. The UDC is designed to implement all provisions of the comprehensive plan for the development and use of land. 1.1.8 Administrator The Community Development Director has been designated by the City of Stockbridge as the official who is charged with the administration of this UDC. The Director may, therefore, establish such rules and procedures as may be necessary. The Director is hereby authorized to interpret the provisions of this UDC whenever it is warranted and appropriate. The Director may authorize a designee to perform any action or duty which such officer, agency, or department is authorized to perform under this UDC. 1.1.9 1.1.9 Effect of Past Approval Condition A. The adoption of this UDC shall not repeal or invalidate any special use or conditional approval, or any condition imposed upon a prior rezoning or development approval. Where conditions have been applied to a property or use through the map amendment, special use permit, variance, or similar zoning or quasi-judicial decision process, such conditions shall apply to all portions of the subject development. B. All conditions shall be met prior to the issuance of certificates of occupancy/completion for any development within the area subject to a rezoning/map amendment, variance, or special use permit, unless expressly stated in the condition itself. 1.1.10 Effective Date The provisions of this Ordinance become effective immediately upon adoption. Likewise, the term “Effective Date” shall refer to any subsequent adoption of any amendments. 1.1.11 Severability If any section, paragraph, clause, phrase, or provision of this UDC shall be adjudged to be invalid or held as being unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of remaining portions of this UDC. 1.2 Documents Adopted by Reference The documents identified in the following subsection include any attachments, future additions, appendices, indicesexes, and amendments. 1.2.1 Functional Road Plan The functional road plan, adopted in the cComprehensive pPlan, describing the functional classifications and associated right-of-way requirements, is hereby adopted by reference and declared part of this UDC. This plan provides information to guide the City of Stockbridge in requiring dedication or preservation of land for rights-of-way for future streets. 1.2.2 Georgia Stormwater Management Manual The Georgia Stormwater Management Manual (GSMM) is hereby adopted by reference and declared to be a part of this UDC. The GSMM specifies the channel protection, flood control requirements and design standards necessary to control stormwater runoff and protect water quality. 1.2.3 Metro North Georgia Water Planning District Legislation for the creation of the Metropolitan North Georgia Water Planning District was enacted to develop regional- and watershed-specific plans for a sixteen-county area of Georgia. The City of Stockbridge is located within the water supply area, and it is a member of the Metropolitan North Georgia Water Planning District; thus, its enabling legislation also requires that all provisions that are established by the district, as may be amended from time to time, be implemented by the local governments. 1.2.4 Floodplain Management The City of Stockbridge is required to adhere to the floodplain management standards which are referenced in Paragraph 60.3(d) (44 CFR 59), based on its participation in the National Flood Insurance Program (NFIP). The adopted flood insurance study (FIS), with its accompanying maps and other supporting data (as well as any revisions thereto, as may be amended from time to time), are hereby adopted by reference and shall be the final authority concerning base flood elevations (BFE) for the City of Stockbridge, if they are available. 1.2.5 Building and Construction Codes Each building and construction code that is listed has been approved by the State of Georgia, including any attachments, future editions, and amendments as may be approved by Mayor and City Council, are hereby adopted by reference as if it were set forth here in its entirety. A. International Building Code (ICC). B. National Electric Code, as is published by the National Fire Protection Association (NFPA). C. International Fuel Gas Code (ICC). D. International Mechanical Code (ICC). E. International Plumbing Code (ICC). F. International Residential Code for One- and Two-Family Dwellings (ICC). G. International Energy Conservation Code (ICC). Formatted: French (France) H. International Fire Code (ICC). I. International Property Maintenance Code (ICC). J. Standard Amusement Device Code (SBCCI/ICC). K. Excavation and Grading Code (SBCCI/ICC). L. International Existing Buildings Code (ICC). M. Standard Swimming Pool Code (SBCCI/ICC). N. Standard Unsafe Building Abatement Code (SBCCI/ICC). O. The Code for Safety of Life from Fire in Buildings and Structures, as is contained in the National Fire Prevention Association Publication 101 (NFPA). 1.2.8 OSHA Safety and Health Regulations All safety and health regulations that are promulgated by OSHA with regard to excavating and trenching operations, particularly Part 1926, Subpart P, "Excavation, Trenching, and Shoring" in Sections 1926.650, 1926.651, and 1926.652 of the Code of Federal Regulations, which now exists or may hereafter be amended, are hereby adopted as part of this UDC as if they were quoted verbatim here. 1.3 Rules of Interpretation 1.3.1 Generally The following rules of interpretation shall apply to the administration of the UDC: A. Where any conflict in the administration of the UDC between the text of the UDC and any caption, illustration, or graphic presentation exists, the text of the UDC shall control. B. All statements that refer to "section" shall mean sections of this UDC, unless the statement clearly provides a reference to another document. C. More specific provisions of this UDC shall be followed in lieu of more general provisions. D. Where more than one (1) standard on the same subject is applied to the design and development of land, the stricter standard shall apply. E. In interpreting and applying the provisions of this UDC, the provisions shall be the minimum requirements for the promotion of health, safety, aesthetics, and welfare of the public. 1.3.2 Rules of Construction of Language A. Words that are used in the present tense shall include the future tense. Formatted: French (France) B. Words that are used in the singular number shall include the plural number, and words that are used in the plural number shall include the singular number. C. A word denoting the masculine gender shall extend and be applied to female persons; and to firms, partnerships, and corporations as well as to male persons. D. The word "may" is always permissive and never mandatory. The word "shall" is always mandatory. E. The word “day” shall mean a business day. F. The word "month" shall mean thirty (30) days. G. The word “year” shall mean a period of 365 days, or 366 days in a leap year, unless otherwise specified. H. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies, both political and corporate; as well as to individuals. I. The word "includes" shall not limit a term to the specified examples, but it is intended to extend its meaning to other instances or circumstances which are of like kind or character. J. The word “and” indicates that all connected items, conditions, provisions, or events shall apply. K. The word “or” indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. L. Words and phrases, except as specifically defined in this UDC, shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning, or as defined in the Complete Illustrated Book of Development Definitions (2017, Routledge), as amended. Words that are defined by State or Federal law or regulation shall have the meaning ascribed to them by the law or regulation when used in the context of said law or regulation. 1.3.3 Abrogation This UDC is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this UDC and another ordinance conflict or overlap, whichever ordinance imposes the more stringent standard or restriction shall prevail. 1.4 Zoning Map and Zoning Districts 1.4.1 Official Zoning Map A. The official zoning map shall be adopted by resolution of the Mayor and City Council, which directs the identification of the official zoning map by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map of the City of Stockbridge, Georgia," together with the date of adoption. B. The official zoning map of the City of Stockbridge, Georgia, together with all explanatory notes thereon, is hereby adopted by reference and declared part of this UDC. C. If changes are made to district boundaries or other matter portrayed on the official zoning map in accordance with the procedural requirements set forth in Chapters 7 and 8 of the UDC regarding amendments to the official zoning map, such changes shall be entered on the official zoning map annually after the amendment has been approved by the Mayor and City Council recorded as an entry in the minutes of such City Council meeting as follows: "On __________, 20___ by official action of the Mayor and City Council, the following (change) changes (was) were made to the official zoning map: (brief description of nature of change or changes)." Such map entries shall be signed by the mayor and attested by the City Clerk. D. The official zoning map, which is located in the office of the Director, shall be the final authority as to the current zoning status of any parcel of land in the City. The official Zoning Map shall be kept up-to-date to reflect all property annexations and rezonings, all parcel changes due to recombination and subdivision actions, and all corrections to observed errors. E. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Mayor and City Council may, by ordinance, adopt a new official zoning map, which shall supersede the prior official zoning map. This new official zoning map shall: 1. Be corrected to remedy drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map. 2. Be re-adopted by the Mayor and City Council as needed. 3. Be identified by the signature of the mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on __________, 20___ as part of the UDC." F. Unless the previous official zoning map has been lost, or has been destroyed, the prior map or any significant remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or amendment. G. If official zoning records are in conflict with the official zoning map and reveal drafting or other errors, such records shall be used to amend the official zoning map administratively. Further, notification of such errors shall be made to the Mayor and City Council for certification and re-adoption. 1.4.2 Overlay Districts The boundaries of the Overlay Districts referenced and identified in Chapter 2, Zoning and Overlay Districts are incorporated and made a part of the official Zoning Map of the City of Stockbridge. 1.4.3 Rules for Boundary Interpretations A. It is the intent of this UDC that the entire area of the City, including all land, water areas, rivers, streets, alleys, railroad and other rights-of-way, be included in the districts established by this UDC. If uncertainty exists with respect to the location of the boundaries of any zoning district in the City, the following rules shall apply: District boundaries indicated as approximately following the centerlines of streets or highways shall be construed as following the indicated centerlines. B. District boundaries indicated as approximately following street or highway right-of-way lines shall be construed as following the street or highway right-of-way lines. C. District boundaries indicated as approximately following lot or property lines shall be construed to follow such lot or property lines. D. District boundaries indicated as approximately parallel to the centerlines of streets, roads, highways, or railroads or rights-of-way of same, shall be construed as being parallel thereto and at such distance as indicated on the official zoning map. If no distance or legal description is given, the dimension shall be determined by the use of the scale shown on the official zoning map. E. Where a district boundary line divides a lot that is in single ownership upon the effective date of this UDC, the district requirements for each portion of such lot shall be deemed to apply. F. In the case of a through lot fronting on two (2) approximately parallel streets that is divided by a zoning district boundary paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the through lot. An alley shall not be used as a basis for identifying a through lot. Through lots may also be known as “double frontage lots.” G. Where zoning district boundaries are in doubt, the Director shall make such interpretation using the appropriate scale from the official zoning map. 1.5 Transitional Provisions 1.5.1 Purpose The purpose of this Section shall be to establish the procedures for handling vested rights for application submittals and previous approvals that existed as of the Effective Date of this UDC or any future amendments thereto. 1.5.2 Violations Continue Any violation of previous zoning ordinances shall continue to be a violation under this UDC and be subject to penalties and enforcement under this UDC unless the use, development, or activity complies, in its entirety, with the provisions of this UDC. The prosecution of violations which occurred under previous ordinances shall continue until resolved. 1.5.3 Prior Nonconformities and Nonconforming Uses Any use, plan, structure, or property that was nonconforming under prior ordinances shall be considered a nonconformity under this UDC, except as may be otherwise provided under Chapter 76, Nonconforming Standards. The provisions of Chapter 76, Nonconforming Standards shall be applicable to all nonconformities. Any use, plan, structure, or property that was previously nonconforming that becomes conforming because of adoption of this UDC shall no longer be considered a nonconformity, provided that all applicable provisions of this UDC are complied with. 1.5.4 Effect of this Ordinance on Zoning Applications Submitted and Prior Approvals A. Application Submitted. 1. Any application for a zoning map amendment (a rezoning) that was filed with the Community Development Department, which and is full, accurate, and complete prior to the effective date of this UDC, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district, or if the proposed zoning district no longer exists in this Code, the Director shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant. 2. Any application which is before the Mayor and City Council or the Planning Commission (i.e., a rezoning, a zoning modification, a special use, a development standards variance, or a land use amendment) that has been filed with the Community Development Department, whichand is full, accurate, and complete prior to the effective date of the ordinance from which this chapter is derived, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that if such application is no longer required by the terms of this Code, the application will be dismissed. 3. Zoning requests that were denied, but for which the applicant has filed an appeal to Mayor and City Council as of the effective date of the UDC. B. Approved Zoning Applications. Any development or project for which a zoning application has been approved under this provision may proceed to completion of the applicable permitting processes as provided herein, at the applicant’s option. 1.5.5 Effect of this Ordinance on Permit Applications Submitted and Prior Approvals A. Applications Submitted. Any development or building activity for which a valid, accurate, and complete application for a Land Development Permit or Building Permit has been received prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion, and permits, and other authorizations may be issued as though this Ordinance had not been adopted. B. Approved Permits and other Authorizations. Any development or building activity for which a Land Development Permit or Building Permit has been issued prior to the adoption of this Ordinance may, at the applicant’s option, proceed to completion, and permits may be issued as though the Ordinance had not been adopted. Permits shall be determined issued if all fees have been paid and the appropriate permit documentation has been released to the applicant by the City. C. Effect upon Validity of Applications, Permits, and Other Authorizations. The adoption of this Ordinance shall not be construed to affect the validity of any permit that was lawfully issued prior to the Effective date of this Ordinance, so long as: 1. Such permit has not by its own terms expired prior to such Effective Date; 2. Actual building or land development construction has commenced prior to the expiration of such permit; 3. Applications, permits, and other authorizations comply with the process and timing outlined for expirations in Section 98.2, Permits. 4. Actual building or land development construction is carried on pursuant to said permit and is limited to, and in strict accordance with, said permit; and 5. Any future change in the use or development of the property or any structure thereon shall conform with the most recent version of this UDC. D. Effect upon Validity of Subsequent Applications. If any development or building activity requires a series of applications (i.e., Land Development Permit, application for a variance, building permit, etc.), if one application is filed prior to the Effective Date of this UDC, all applications shall be reviewed under the ordinance that is in force and in effect at the time the first application is completed and it shall be approved if it is in compliance with said ordinance, at the applicant’s option. Any subsequent applications that are authorized to be processed under this section shall be identified during the review process of the initial, vested application, or they shall be included in the documentation that is submitted with the vested application (i.e., a development site plan that demonstrates the need or intent of the subsequent application(s)). 1.5.6 Effect of this Ordinance on Subdivision Applications Submitted and Prior Approvals A. Subdivision Applications Submitted. Any subdivision for which a valid and complete subdivision application has been submitted prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion, and such applications may be reviewed and approved in accordance with the subdivision regulations that are in effect at the time of submission, as though this Ordinance had not been adopted. B. Approved Subdivision Plans. Any subdivision plan that was approved prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion under the terms of the previously- approved plan, and in accordance with the subdivision regulations that were in effect at the time of such approval. Approvals shall be deemed valid if all applicable conditions have been met and no expiration has occurred under the provisions that were in effect at the time of approval. Any future resubmittal, amendment or new phase of development shall conform with the most recent version of this UDC. CHAPTER 2: ZONING AND OVERLAY DISTRICTS 2.1 Generally All buildings, land, and structures shall be used in accordance with the comprehensive plan for the City of Stockbridge, and they shall comply with the development standards of the applicable zoning district which is established in this chapter. Such buildings, land, and structures shall be occupied or used only in conformity with each of the standards that are set forth herein for the district in which they are located. 2.2 Official Zoning Map The City of Stockbridge is hereby divided into zoning districts, as is shown on the “City of Stockbridge Official Zoning Map”, together with all explanatory notes thereon. The official zoning map may be amended according to procedures that are established in this UDC. Said map shall be made a public record and shall be kept permanently in the Community Development Department, where the maps or accurate reproductions thereof, will be accessible to the general public, upon request. 2.3 Establishment of Zoning Districts A. The zoning districts which are established in this UDC are comprised of base districts and overlay districts. The base zoning districts refer to "how a property is zoned," while the overlay districts are special areas of the city where additional regulations apply. Many properties in the city have overlay districts in addition to their base zoning districts, whereby properties must comply with the regulations of both districts. If there is any conflict between a property's base zoning district and its overlay district, the overlay district regulations shall rule. B. Current Zoning Districts. The City of Stockbridge is hereby divided into the following zoning districts. They are grouped by residential districts, commercial districts, industrial districts, and overlay districts in Table 2.3.B, City of Stockbridge Current Zoning Districts below. Table 2.3.B – City of Stockbridge Current Zoning Districts. Residential Zoning Districts RR RR, Rural Residential District NR NR, Neighborhood Residential District SR SR, Suburban Residential District CCR City Center Residential District MFR Multiple Family Residential District MHR Mobile Home Residential District Commercial, Office, and Institutional Zoning Districts Commented [EM1]: It will not be split once uploaded to municode Commented [EM2]: Potential change to Urban Residential District (LL) C1 C2 OI Industrial Zoning Districts LI HI Mixed Use Zoning Districts DT MUS MU PUD Overlay Districts PMU DTV Neighborhood Commercial District General Commercial District Office Institutional District Light Industrial District Heavy Industrial District Downtown District Mixed Use Suburban District Mixed Use District Planned Unit Development District Commented [EM3]: Potential change to Mixed Use Urban District (LL) Parkway Mixed Use Overlay District Downtown Village Overlay District C. Required Dimensional Standards. The following Lot and Building Regulations are applicable in all districts. These regulations offer certainty for property owners, developers and neighbors about the limits of what is allowed; they are not to be construed as a guarantee that stated minimums and maximums can be achieved on every lot. Other factors, such as topography, the presence of protected resources, offstreet parking, and other factors may work to further limit actual building and development potential. C.1. Figures 2.3.C.1 through 2.3.C.6 below illustrate sample dimensional and lot coverage standards, as they relate to Table 2.3.C, Required Dimensional Standards, which states provides the minimum required lot dimensional standards for each lot in a zoning district. Formatted: Font: Ligatures: Standard + Contextual Formatted: Font: 12 pt, Ligatures: Standard + Contextual Formatted: Font: Ligatures: None Formatted: Font: Ligatures: Standard + Contextual Formatted: Font: Ligatures: Standard + Contextual Formatted: Font: Ligatures: Standard + Contextual Formatted: Font: Ligatures: Standard + Contextual Figure 2.3.C.1 - Dimensional Standards Figure 2.3.C.2 - Lot Coverage Standards Figure 2.3.C.3 - Building Height Mansard Roof Figure 2.3.C.4 - Building Height Gable Roof Figure 2.3.C.5 - Building Height Hip Roof Figure 2.3.C.6 - Building Height Flat Roof Table 2.3.C – Required Dimensional Standards Residential Districts Standard RR NR SR Water & 1 acre Sewer System Minimum Water Lot Size & (in acres 1 acre 20,000 sf 12,000 sf Septic or square Tanks feet) Private Wells & 1.25 Septic acres Tanks Minimum Lot Width 150 100 75 (in feet) Minimum lot 150 100 75 frontage (in feet) Lot Coverage (as a percent of total 30% 30% 30% area) Minimum Street 75 50 50 Setback (in feet) Side Setback (in 20 15 10 feet) Rear Setback (in 40 40 40 feet) Minimum Distance Between Buildings N/A N/A N/A (in feet) Minimum Open Space (as a percent N/A N/A N/A of total area)7 Minimum Residential Floor Area (heated square footage) 1,500 1,300 1,050 Formatted: Font: Italic CCR MFR5 Formatted: Centered Formatted Table 6,000 sf 2 acres4 50 100 35 100 50% 50% 25 30 10 15 20 20 N/A 20 N/A 15% 850 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom)600 studio 800 – 1 bedroom 950 - 2 bedroom 1,150 - 3 bedroom Formatted: Superscript 1,800 - townhome Maximum Building Height – Principal (in 35 35 35 40 feet) Maximum Building Height – Accessory 15 15 15 15 (in feet) Commercial, Office, and Institutional Zoning Districts Standard OI C1 Minimum Lot Size (in acres or square 20,000 sf 10,000 sf feet) Water & 100 60 Sewer Minimum System Lot Width Water (in feet) & 125 60 Septic Tanks Water & 100 60 Minimum Sewer System lot frontage Water (in feet) & 125 60 Septic Tanks Lot Coverage (as a percent of total 70% 70% area) Minimum Street 50 50 Setback (in feet) Side Setback (in 15 10 feet) Rear Setback (in 20 20 feet) Minimum Distance Between Buildings 20 20 (in feet) Minimum Open Space (as a percent N/A N/A of total area)7 45 15 Formatted: Font: Italic C2 10,000 sf Formatted: Centered Formatted Table 100 100 100 100 70% 50 10 20 20 N/A Formatted: Superscript Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) Standard Minimum Lot Size (in acres or square feet)1 Minimum Lot Width (in feet) Minimum lot frontage (in feet) Lot Coverage (as a percent of total area) Minimum Street Setback (in feet) Side Setback (in feet) Rear Setback (in feet) Minimum Distance Between Buildings (in feet) Minimum Open Space (as a percent of total area)7 Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) Standard Minimum Lot Size (in acres or square feet) Minimum Lot Width (in feet) Minimum lot frontage (in feet) Lot Coverage (as a percent of total area) Minimum Street Setback (in feet) Side Setback (in feet) Side Setback – with windows and door (in feet) Rear Setback (in feet) 45 35 35 15 15 15 Industrial Zoning Districts LI Formatted: Font: Italic HI Formatted: Centered 30,000 SF 1 acre 100 100 150 150 50% 50% 70 70 10 20 10 40 20 20 N/A N/A 75 75 60 60 Mixed-Use Zoning Districts DT MUS Formatted Table Formatted: Superscript Formatted: Font: Italic MU N/A 3 acres4 2 acres4 N/A 100 100 N/A 100 100 90% 90% 90% 20 30 20 0 15 15 10 N/A N/A 10 20 20 Formatted: Centered Formatted Table Minimum Open Space (as a percent of total area) N/A 20% 10% Minimum Residential Floor Area (heated square footage) 600 - studio 800 – 1 bedroom 1,000 - 2 bedroom 1,100 - 3 bedroom 600 - studio 800 – 1 bedroom 1,000 - 2 bedroom 1,100 - 3 bedroom 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) 45 45 45 15 15 15 Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) Legacy Zoning Districts Standard MHR6 C3 Minimum Lot Size (in acres or 4 15 acres 10,000 sf square feet) Minimum Lot Water & Sewer 5,000 sf N/A Size – Per System mobile home lot (in acres Water & Septic 18,000 sf N/A or square Tanks feet) Minimum Lot Width (in feet) 125 100 Minimum lot frontage (in feet) 125 100 Lot Coverage (as a percent of 40% 70% total area) Minimum Street Setback (in 60 70 feet) Side Setback (in feet) 15 10 Rear Setback (in feet) 40 30 Minimum Distance Between 20 20 Buildings (in feet) Minimum Open Space (as a 20% N/A percent of total area) Minimum Residential Floor 720 N/A Area (heated square footage) Maximum Building Height – 35 45 Principal (in feet) Maximum Building Height – 15 15 Accessory (in feet) 1. Where a use standard conflicts with the lot standard, the use standard shall govern. Commented [EM4]: Review min residential floor areas across all districts - should they all be the same? (LL) Formatted: Font: Italic Formatted: Centered Formatted Table 2. Setbacks and Lot Coverage may differ from the chart based on alternative overlay district standards. 3. For lots where access is provided via an easement, the front setback shall be measured from the edge of the access easement in the same manner as a property line that fronts a public street. 4. The project area for developments within the MHR, MFR, MUS, and MU districts shall meet the minimum lot size, lot width, and lot frontage. 5. For a development containing townhomes within the MFR district, the maximum net density for the townhomes shall be 9 units per acre and the maximum unit width shall be 24 feet. 6. For the MHR district, the development must contain a minimum of 50 units. 7. All developments with a cumulative parcel area greater than three (3) acres, except for those in the DT, MHR, MUS, MU, and MFR zoning districts, shall provide open space in accordance with Section 4.3.3, Open Space Requirements. Commented [EM5]: Linda is asking where the du/acre cap came from (LL) Commented [DS6R5]: 2.4.4, letter C 2.4 District Conversions A. During the preparation of this new UDC, some zoning districts were retained; some districts were converted to new districts or combined with other districts; some districts were removed; and new districts were added. B. Table 2.4, City of Stockbridge Zoning District Conversion Chart provides the district conversions. C. On and after the Effective Date, all provisions of this UDC which are applicable to a zoning district shall govern properties that were previously classified in the corresponding zoning district. All references in any prior approvals or documents to the former district shall be construed to refer to the new zoning district name and designation. This renaming does not change any previously approved boundaries, conditions, or entitlements. Table 2.4 – City of Stockbridge Zoning District Conversion Chart Zoning District Designation Under this Previous Zoning District Designation Unified Development Code Residential Zoning Districts RR, Rural Residential RR, Rural Residential District NR, Neighborhood Residential District SR, Suburban Residential SR, Suburban Residential District CCR, City Center Residential District CCR, City Center Residential District MFR, Multiple Family Residential MFR, Multiple Family Residential District MHR, Mobile Home Residential RETIRED Commercial, Office, and Institutional Zoning Districts OI, Office-Institutional OI, Office-Institutional District C1, Neighborhood Commercial C1, Neighborhood Commercial District C2, General Commercial C2, General Commercial District C3, Heavyighway Commercial RETIRED Commented [EM7]: [What is the MHR district being replaced by?] (LL); Industrial Zoning Districts LI, Light Industrial HI, Heavy Industrial Mixed-Use Districts DT, Downtown PUD, Planned Unit Development LI, Light Industrial District HI, Heavy Industrial District DT, Downtown District PUD, Planned Unit Development District MUS, Mixed Use Suburban District MU, Mixed Use District 2.5 Zoning Districts The following sections present those minimum dimensional standards that must be met in R1R—Rural Single Family Residential District the respective zoning districts, established in this UDC. 2.5.1 R1R—Rural Single Family Residential District A. District Intent. The intent of the Rural Transition Residential (RR)R1 District is to preserve the larger-lot agricultural and residential character of land which presently serves as a transitional buffer between existing rural land and future urban development. This district supports homes on expansive lots in subdivision developments. B. Dimensional Standards. Table 2.5.1, Rural ResidentialR1 District Dimensional Standards states the minimum standards for the R1R zoning district. Table 2.5.1 – Rural ResidentialR1 District (RR) Dimensional Standards LOT DIMENSIONS Min. lot size (public water/sewer and/or 1 acre septic) Min. lot size (private well and septic) 1.25 acres Min. lot width (ft) 150 Min. lot frontage (ft) 150 SETBACKS (Ft) Street/Easement 75 Side 20 Rear 40 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 30% Min. residential floor area (heated sq. ft) 1,500 Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures R2NR—Neighborhood Single Family Residential District 2.5.2 NRR2—Neighborhood Single Family Residential District A. District Intent. The intent of the Neighborhood Suburban Residential (NR)R2 District is to provide for traditional single-family neighborhoods at low to moderate densities. B. Dimensional Standards. Table 2.5.2, Neighborhood ResidentialR2 District Dimensional Standards states the minimum standards for the NR2R2 zoning district. Table 2.5.2 – Neighborhood ResidentialR2 District (NR) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 20,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 50 Side 15 Rear 40 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 30% Min. residential floor area (heated sq. ft) 1,300 Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures SRR3—Suburban Single Family Residential District 2.5.3 R3SR—Suburban Singly Family Residential District. A. District Intent. The intent of the Suburban Residential (SR) R3District is to provide compact residential housing types on moderate lots while maintaining the suburban character of existing neighborhoods. This district supports walkable block patterns. B. Dimensional Standards. Table 2.5.3, Suburban ResidentialR3 District Dimensional Standards states the minimum standards for the SR R3 zoning district. Table 2.5.3 – Suburban Residential District (SR)R3 Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 12,000 Min. lot width (ft) 75 Min. lot frontage (ft) 75 SETBACKS (Ft) Street/Easement Side Rear OTHER REQUIREMENTS Min. open space Max. lot coverage Min. residential floor area (heated sq. ft) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 50 10 40 15% 30% 1,050 35 15 CCR—City Center Residential District 2.5.4 CCR—City Center Residential District A. District Intent. The intent of the City Center Residential (CCR) District is to provide a diversity of residential housing types on smaller lots where public sewer systems are present, when they are a part of a planned development project. This district supports planned residential development that contributes to a vibrant city center. B. Dimensional Standards. Table 2.5.4, City Center Residential District Dimensional Standards states the minimum standards for the CCR zoning district. Table 2.5.4 – City Center Residential District (CCR) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 6,000 Min. lot width (ft) 50 Min. lot frontage (ft) 35 SETBACKS (Ft) Street/Easement 25 Side 10 Rear 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Min. residential floor area (heated sq. ft) 850 Max. building height (ft) for principal 40 structures Max. building height (ft) for accessory 15 structures MFR—Multiple Family Residential District Formatted: Font: Bold 2.5.5 MFR—Multiple Family Residential District A. District Intent. The intent of the Multiple Family Residential (MFR) District is to allow the development of multiple family residences served by public water and sewer systems, located along collector streets or higher-classification roadways. This district supports urban scale residential development at an average density of fourteen (14) dwelling units per acre. The city should promote an average density of fourteen (14) dwelling units per acre or higher. B. Developments within this district shall provide the following: 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10) foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. C. District Standards, Multi-Family. Table 2.5.5.C, Multi-Family Standards states the minimum standards for District Standards. Table 2.5.5, Multiple Family Residential District Standards states the minimum standards for the MFR zoning district. C. The project area for apartment or condo developments within the MFR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.5.C – Multi-Family Standards LOT DIMENSIONS Min. lot area for development Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Street/Easement Side Rear Distance Between Buildings OTHER REQUIREMENTS Max. lot coverage Min. open space Max. unit width (townhomes) Min. residential floor area (heated sq. ft) 2 acres 100 100 30 15 20 20 50% 15% 24 ft. 650 (studio) 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom) 45 Max. building height (ft) for principal structures Max. building height (ft) for accessory 15 structures D. Table 2.5.5.C, Townhome Standards states the minimum standards for townhome developments within the MFR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.5.C – Multiple Family Residential District (MFR) StandardsTownhome Standards LOT DIMENSIONS Min. lot area for development 2 acres Min. lot width (ft) 100 Min. lot frontage (ft) 100 Min. unit width (ft) 24 Max. net density (townhomes) 9 townhome dwelling units per acre, unless otherwise permitted as part of an approved mixed-use development or Planned Unit Development.9 units per acre Max. number of lots As specified in the approved development plan. Max. units per building 6 dwelling units SETBACKS (Ft) Street/Easement 30 Side 105 Rear 20 Distance Between Buildings 20 OTHER REQUIREMENTS Max. lot coverage 50% Min. open space 15% Max. unit width (townhomes) 24 ft. Min. residential floor area (heated sq. ft) 1,000 (1 bedroom) 1,300 (2 bedroom) 1,400 (3 bedroom)650 (studio) Townhome min. residential floor area (heated sq. ft.) Max. building height (ft) for principal structures An additional 200 square feet for each additional bedroom 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom) 1,800 45 Max. building height (ft) for accessory structures Private Streets Curb and Gutter Paved Driveways Sidewalks Streetlights Underground Utilities Public Sewer Public Water Residential Parking Garage Electric Vehicle (EV) Parking Alleys Porches Concurrent Construction Requirement Architectural Requirements Multi-Use Paths 15 Permitted. Required, except along approved alleys. Required. Required. Required in accordance with City standards. Required. Required. Required. Each townhome dwelling unit shall be provided with a minimum two (2) car garage. One (1) EV-capable parking space shall be provided for every ten (10) parking spaces, not to exceed thirty (30) spaces. Permitted, but not required. Permitted, but not required. As specified in the approved development plan. Shall comply with the Townhome Development Standards and Architectural Design Guidelines contained herein. A 10 foot multi-use path shall be provided along the frontage of the development, with 8 foot interior multi-use paths or trails provided where required by the approved development plan. DT—Downtown District 2.5.6 DT—Downtown District A. District Intent. The intent of the Downtown (DT) District is to maintain, enhance, and expand the development patterns and mixed use and open space character of Downtown Mainstreet. The district also supports compatible infill and redevelopment opportunities. Development standards within the district are intended to continue historic development patterns and promote a predominant land use activity for retail, dining, entertainment, cultural resources, community events/festivals, and compatible residential options, while still allowing flexibility for other uses to locate in the district. B. District Standards. Table 2.5.6, Downtown District Dimensional Standards states the minimum standards for the DT zoning district. Table 2.5.6 – Downtown District (DT) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) N/A Min. lot width (ft) N/A Min. lot frontage (ft) N/A Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri SETBACKS (Ft) Street/Easement Side Side (with windows and doors) Rear OTHER REQUIREMENTS Min. open space Max. lot coverage Min. residential floor area (heated sq. ft) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 0 0 10 10 15% 90% 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) 45 15 OI—Office Institutional District 2.5.7 OI—Office Institutional District A. District Intent. The intent of the Office Institutional (OI) district is to provide locations for the development of offices, banks, and personal business services which can serve as a transitional uses between residential and commercial areas. This district supports lowimpact employment uses that complement surrounding neighborhoods. B. District Standards. Table 2.5.7, Office Institutional District Dimensional Standards states the minimum standards for the OI zoning district. Table 2.5.7 – Office Institutional District (OI) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 20,000 Min. lot width (ft) with public water/sewer 100 Min. lot width (ft) with public water and 125 septic Min. lot frontage (ft) with sewer 100 Min. lot frontage (ft) with septic 125 SETBACKS (Ft) Street/Easement 50 Side 15 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 70% 45 15 C1 – Neighborhood Commercial District. 2.5.8 C1—Neighborhood Commercial District A. District Intent. The intent of the Neighborhood Commercial (C1) District is to provide locations for limited retail and service uses to satisfy the common and frequent needs of nearby neighborhoods. This district supports cohesive neighborhood commercial centers with unified architecture and scale, to be accessed on minor arterial roadways. B. District Standards. Table 2.5.8, Neighborhood Commercial District Dimensional Standards states the minimum standards for the C1 zoning district. Table 2.5.8 – Neighborhood Commercial District (C1) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 60 Min. lot frontage (ft) 60 SETBACKS (Ft) Street/Easement 50 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 70% Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures C2—General Commercial District 2.5.9 C2—General Commercial District A. District Intent. The intent of the General Commercial (C2) District is to provide locations for a wide variety of retail, service, and wholesale establishments to satisfy the common and frequent needs of residents across the county and of the traveling public. It is the intent of this district to encourage businesses to be part of planned commercial centers, neighborhood or community shopping centers, and/or developed sections along minor arterials or high-classification roadways. B. District Standards. Table 2.5.9, General Commercial District Dimensional Standards states the minimum standards for the C2 zoning district. Table 2.5.9 – General Commercial District (C2) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 50 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 70% Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures LI—Light IndustrialManufacturing District 2.5.10 LI—Light Industrial District A. District Intent. The intent of the Light Industrial (LI) District is to provide for light industrial uses, all of which shall be nuisance-free and not generators of hazardous wastes. This district supports light industrial uses located on either arterial or major collector roadways, or within industrial parks having access to such thoroughfares. B. District Standards. Table 2.5.10, Light Industrial District Dimensional Standards states the minimum standards for the LI zoning district. Table 2.5.10 – Light Industrial District (LI) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 30,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 75 60 HI—Heavy Industrial District 2.5.11 HI—Heavy Industrial District A. District Intent. The intent of the Heavy Industrial (HI) District is to provide for the broadest range of industrial activities, including uses that involve occasional nuisance factors. These uses are to be located on either an arterial or major collector roadway, or within industrial parks having access to such thoroughfares. B. District Standards. Table 2.5.11, Heavy Industrial District Dimensional Standards states the minimum standards for the HI zoning district. Table 2.5.11 – Heavy Industrial District (HI) Dimensional Standards LOT DIMENSIONS Min. lot size 1 acre Min. lot width (ft) 150 Min. lot frontage (ft) 150 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 40 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Max. building height (ft) for principal 75 structures Max. building height (ft) for accessory 60 structures MUS – Mixed Use Suburban District 2.5.12 MUS—Mixed Use Suburban District A. District Intent. The intent of the Mixed Use Suburban (MUS) District is to provide for coordinated, lower-intensity mixed-use development along the GA 23 suburban commercial corridor. The district supports a compatible blend of residential, commercial, office, civic, and limited service uses in a suburban context while promoting improved site design, multimodal connectivity, and reinvestment along the Georgia State Route 23 corridor. B. Developments within this district shall provide the following: 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10)- foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. C. District Standards. Table 2.5.12, Mixed Use Suburban District Standards states the minimum standards for the MUS zoning district. D.A. The project area for developments within the MUS zoning districts shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.12 – Mixed Use Suburban District (MUS) Standards LOT DIMENSIONS Min. lot size for development 3 acres Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 30 Side 15 Rear 20 OTHER REQUIREMENTS Max. lot coverage 80% Min. open space 20% Min. residential floor area (heated sq. ft) 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures MU—Mixed Use District 2.5.123 MU—Mixed Use District A. District Intent. The intent of the Mixed Use (MU) District is to provide for higherintensity, mixed-use development within strategic growth areas, to include properties located along the Interstate 75 corridor. The district is intended to create compact, walkable, and interconnected mixed-use environments that support employment, commercial activity, housing diversity, entertainment, and regional economic development. The district supports a compatible blend of residential, commercial, office, civic, and limited service uses in a suburban context while promoting improved site design, multimodal connectivity, and reinvestment B. Developments within this district shall provide the following: Commented [EM8]: Linda mentioned that a portion of I675 lies within the City – should it be included here, or does it not fall within this corridor/with the Comp Plan’s mixed-use intent Commented [EM9]: Discuss use of “compact” here: Why compact? Larger tracts may be located in this area, where larger developments would be built. Compact developments belong in the Downtown District or other inner-City areas (LL) 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10) foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. 6.7. Properties that are adjoining are required to have curb cuts to adjacent properties to create a connection between the two (2) properties. This requirement may be exempted by the Director upon a determination, supported by site-specific analysis, that interparcel connection is not feasible due to traffic concerns or topographic constraints. C. District Standards. Table 2.5.123, Mixed Use District Standards states the minimum standards for the MU zoning district. D. The project area for developments within the MU zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.12 – Mixed Use Suburban District (MU) Standards LOT DIMENSIONS Min. lot size for development 32 acres Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 320 Side 15 Rear 20 OTHER REQUIREMENTS Max. lot coverage 890% Min. open space 210% Min. residential floor area (heated sq. ft) 650 (studio) Commented [EM10]: Linda suggests upping this to 3 acres, to be consistent with the PUD requirements (LL) 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom)600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) Townhome min. residential floor area 1,000 (1 bedroom) (heated sq. ft.) 1,300 (2 bedroom) 1,400 (3 bedroom) An additional 200 square feet for each additional bedroom Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures 2.6 Legacy Zoning Districts A. Legacy Zoning Districts represent those zoning districts that have been retired. The purpose of Legacy Zoning Districts is to retire outdated zoning districts as part of the adoption of this UDC, to simplify and modernize the City’s zoning framework, and provide for the continued regulation of existing properties within these districts until such properties are rezoned to a zoning district established by this UDC. B. No application to rezone property to this district will be heard from the effective date of this UDC. C. All areas currently zoned under one of the following zoning districts shall abide by the regulations provided therein. MHR – Mobile Home Residential District. 2.6.1 MHR – Mobile Home Residential District A. District Intent. The intent of the Mobile home Residential District is to accommodate mobile home developments as attractive and attainable housing options. Mobile home parks shall be designed in accordance with O.C.G.A §§ 8-2-160 through 168, the State Board of Health requirements, and the requirements of this Code. B. District Standards. Table 2.6.1, Mobile Home Residential District Standards states the minimum standards for the MHR zoning district. C. The project area for developments within the MHR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.6.1 – Mobile Home Residential District (MHR) Standards LOT DIMENSIONS Min. lot size for development 15 acres Commented [EM11]: Potentially include note as to why these districts are being retired (LL) Min. lot size per mobile home lot with public water and sewer (sq. ft.) Min. lot size per mobile home lot with public water and septic (sq. ft.) Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Front Side Rear Min. distance between buildings OTHER REQUIREMENTS Max. lot coverage Min. open space Min. residential floor area (heated sq. ft) Min. number of units per development Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 5,000 18,000 125 125 60 15 40 20 40% 20% 720 50 35 15 C3 – Heavy Commercial District 2.6.2 C3—Heavy Commercial District A. District Intent. The intent of the C-3 District is to provide distinct areas for commercial activities which provide products and services that require locations along major arterial roads, highway intersections, and freeway interchange areas, due to their generation of heavy traffic or their need to transport and display heavy bulk materials, and which provide services that would not be appropriately located in areas providing neighborhood or other commercial retail and service activities. Uses in this district shall be located on roads having a minimum classification of major arterial. B. District Standards. Table 2.6.2, Heavy Commercial District Dimensional Standards states the minimum standards for the C3 zoning district. Table 2.6.2 – Heavy Commercial District (C3) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 30 Min. distance between buildings OTHER REQUIREMENTS Max. lot coverage Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 20 70% 45 15 2.7 Special Purpose District 2.7.1 PUD—Planned Unit Development District A. District Intent. The intent of the Planned Unit Development (PUD) District is to: 1. Allow the development of balanced neighborhoods containing physical, economic, and social assets which are difficult to achieve through the traditional separation of use and density zones; 2. Provide an appropriate district for mixed-use developments to obtain developments resulting in harmonious groupings of uses, structures, and shared facilities; 3. Allow flexibility in design for environmentally challenged properties, thereby supporting preservation of a property’s natural characteristics; and 4. Encourage innovations in quality residential and commercial development and renewal to better support the efficient use of land and meet local market needs. B. Establishment of a PUD District. 1. A PUD may be requested on any property or properties within the City that meet the minimum standards herein, and in accordance with the rezoning procedures of Chapter 109, Public Hearing Application, Review Procedures, to establish the boundaries and regulations of the PUD. 2. No PUD district may be established without the concurrent approval of Overall Development Standards (ODS) and an Overall Development Plan (ODP) by Mayor and City Council. 2.7.2 PUD—Minimum Standards A. PUDs shall demonstrate consistency with the Comprehensive Plan and the approved Overall Development Plan (ODP). B. A phasing plan shall be required for projects expected to take more than five (5) years to complete. Any variation to the phasing plan in timing or sequencing of uses shall be considered a Major Modification. C. Previously developed portions of a site may not be counted toward meeting any minimum open space, design, or benefit/amenity requirements. Commented [EM12]: Potentially rename to PUD section title – this current title “Special Purpose District” allows for future special purpose districts, beyond just the PUD Commented [DS13R12]: PUD are a special purpose district because they require a hearing aspect D. Proposed PUDs shall provide at least two (2) required characteristics from Section 2.7.3, PUD Required Characteristics. E. Any development standards not expressly defined by the ODP shall be regulated by the UDC and other applicable ordinances. Where the ODP conflicts with a base UDC standard, the approved ODP shall govern. F. Unless otherwise approved as part of the ODP, the following minimum standards apply: 1. Streets shall be a minimum of 26 feet, curb to curb, in accordance with Chapter 16, Infrastructure Improvements. All other access management provisions of Chapter 4, Development Standards shall be met. 2.7.2 PUD—Required Characteristics A. At a minimum, each PUD shall provide a combination of at least two (2) of the following characteristics that support the innovative nature of the request. Fulfillment of each required characteristic shall be at the discretion of the Community Development Director and shall remain in place for the life of the project or as necessary to carry out the intent: 1. New or unique concept or land use. A project shall describe the extent that it is a new concept or land use, meaning there are no other developments within 2,000 feet like the proposed development and the project will demonstrate how the business/development concept will be successful in the City of Stockbridge. 2. Cluster Development. A project designed utilizing a clustered development pattern intended to preserve open space, reduce infrastructure impacts, and encourage coordinated site design. To qualify under this characteristic, the project shall demonstrate how dwelling units or structures are grouped in a manner that preserves meaningful common open space or environmental features while maintaining overall development quality and compatibility. At a minimum, cluster developments shall include the following features: a. Buildings or dwelling units shall be arranged to preserve usable open space, natural features, or environmentally sensitive areas; b. A minimum of twenty percent (20%) of the gross site area shall be preserved as common open space, conservation area, or usable community space, excluding required perimeter buffers and stormwater detention facilities unless designed as an integrated amenity; c. Common open spaces shall be connected through pedestrian pathways, trails, sidewalks, or other internal circulation systems; d. The development shall utilize shared access points, reduced roadway lengths, shared driveways, or other design techniques intended to minimize impervious surface coverage and infrastructure demands where permitted by applicable engineering and public safety standards; Commented [EM14]: Do we want to require a mixeduse element? Missing is the current requirement that the PUD district must have two types of uses, in contrast with the MFR district. (LL) Commented [EM15R14]: LL’s further comment: What if a proposed development has only one of the listed characteristics? Which district should it be located in? It seems that this PUD district is being used for too many different types of circumstances. There needs to be a district which simply allows two types of common uses, and another district that is used specifically for innovative developments. PUD is for innovative, unique development and Mixeduse districts are for mixed uses Commented [DS16R14]: This section requires at least 2 of the characteristics listed. The 2 uses could be simply residential (cluster and tiny home) or it could be a commercial/residential mix (senior housing and new or unique concept or land use). If the mixed-use districts allow for mixed-use then there is a case to eliminate/retire the PUD district as we are enacted by right mixed-use in other districts. e. Open space areas shall include at least one community-oriented amenity, such as a pavilion, community garden, playground, seating area, walking trail, dog park, or similar feature approved by the Community Development Director; and f. The project shall demonstrate compatibility with surrounding development patterns through coordinated architecture, landscaping, buffering, or transitional design elements. 3. Tiny Home Development. A project designed as a unified tiny home or cottagestyle residential development that promotes innovative housing opportunities, efficient land utilization, and community-oriented site design. To qualify under this characteristic, the project shall demonstrate how the development incorporates high-quality design standards and shared amenities that support long-term residential livability and compatibility. At a minimum, tiny home developments shall include the following features: a. Tiny homes shall be developed as part of a unified master-planned development and shall not consist of scattered individual lots lacking coordinated site design; b. The development shall include shared common open space or community gathering areas designed to encourage resident interaction and neighborhood cohesion; c. Tiny homes shall maintain consistent architectural character, building materials, roof forms, and design elements throughout the development; d. Parking areas, refuse collection areas, utility connections, and mechanical equipment shall be screened from public streets and adjacent properties; e. The development shall include pedestrian connections between dwelling units, parking areas, open spaces, and shared amenities; f. Tiny home developments shall provide a minimum of ten percent (10%) of the gross site area as usable common open space or community amenity areas; and g. The project shall demonstrate how the development supports attainable or workforce housing opportunities, innovative residential design, or diversification of the City’s housing stock. 4. Adaptive Reuse Project. The project shall preserve a substantial portion of an existing structure of relative significance or architectural interest. 5. Senior Housing. A project designed to support aging in place, accessibility, and independent living for older adults through thoughtful building design, site planning, and amenities. To qualify under this characteristic, the project shall demonstrate how it incorporates age-friendly design features and services that enhance safety, mobility, and long-term usability. At a minimum, senior housing projects shall include the following features, as applicable to the proposed housing type: a. A no-step entrance leading from the driveway to an entrance with a minimum 32-inch clear opening. b. One accessible bathroom on the same level as the no-step entrance. c. At least one shower in the home with reinforced beams to allow for the installation of grab rails if necessary at a later date. d. Exterior doorways at least 36 inches wide and interior doors with a minimum 32-inch clear opening. e. Corridors and passageways 42 inches wide on the same level as the nostep entrance. f. Electrical wall outlets placed no more than 15 inches above finished flooring. g. Wall switches controlling light fixtures and fans placed 48 inches (maximum) above finished flooring. h. In addition to the above unit-level features, projects are encouraged to incorporate senior-supportive site or community elements, such as accessible pedestrian circulation, seating areas, lighting designed for safety, proximity to services, or shared amenities that promote social interaction and independence, as approved by the Community Development Director. 2.7.3 PUD—Overall Development Standards and Plans Required A. Development of the PUD shall be governed by the Overall Development Standards (ODS), part of the Overall Development Plan (ODP). B. Overall Development Standards (ODS). The ODS shall designate the standards of zoning and development for the property. These standards replace the standards in the UDCO and should include, at a minimum, the following: 1. Permitted and prohibited uses; 2. Maximum density; 3. Maximum impervious surface; 4. Minimum open space; 5. Minimum and maximum building heights; 6. Minimum lot size; 7. Required setbacks; 8. Parking requirements; and 9. Building massing. C. Overall Development Plan (ODP). The ODP will include a series of plans and designrelated documents regulating the development of the property. At a minimum, the ODP shall include the following: 1. Overall Master Plan. A master plan outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, entrances, densities, parking ratios, open space, height, sidewalks, setbacks, under and over-head utilities, internal circulation and parking, landscaping, preliminary grading, lighting, drainage, amenities, and similar details and their respective measurements. 2. Phasing Plan. Should a PUD be expected to require five (5) years or longer to complete, a phasing plan shall be provided by the applicant that indicates the time frame for construction and development of different aspects of the PUD. 3. Regulating Plan. A regulating plan shall be provided with street types and open space for all property within the PUD boundary. The regulating plan shall be keyed to a set of standards developed based on location. This plan should consider how all modes of transportation will be accommodated, including pedestrians, bicycles, cars, transit, rideshare, etc. Detailed right-of-way cross sections shall also be included in this plan or as an attachment to this plan. 4. Streetscape and Hardscape Manual. A streetscape and hardscape manual shall be created that includes specifications for the following: sidewalk clear zones, landscape zones, supplemental zones including details regarding lighting fixtures, on-street parking, street furniture, landscape materials and other amenities. A streetscape map shall accompany this manual that identifies appropriate streetscape and hardscape designs for all streets, plazas, open space, locations for public art, etc., within the plan. 5. Architectural Pattern Book. An Architectural Pattern Book demonstrating approved building materials, features, exterior finishes, windows, doors, colors, and other items affecting exterior appearance, such as signs, mechanical systems, fencing, etc. The pattern book shall include renderings of proposed buildings. 6. To the extent that an approved ODS and ODP for a PUD contradict the UDO, the approved ODS and ODP for the PUD district governs. All other chapters govern, unless specific alternatives are proposed and written into the ODS as part of the amendment application. C.7. Applications shall include any additional information deemed necessary by the Community Development Director to determine compliance with Ordinance standards. D. Analysis of Existing Conditions. An analysis of existing site conditions, including a boundary survey and topographic map of the site that shall include information on all existing man- made and natural features, utilities, all streams and easements, and features to be retained, moved or altered. The existing shape and dimensions of the existing lot to be built upon including the size, measurement, and location of any existing buildings or structures on the lot shall be included. The analysis should include all buffers and other applicable standards of federal and state law related to maintenance and protection of wetlands and the banks of navigable waters of the federal and state governments. 1. Overall Master Plan. A master plan outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, entrances, densities, parking ratios, open space, height, sidewalks, setbacks, under and over-head utilities, internal circulation and parking, landscaping, preliminary grading, lighting, drainage, amenities, and similar details and their respective measurements. 2. Phasing Plan. Should a PUD be expected to require five (5) years or longer to complete, a phasing plan shall be provided by the applicant that indicates the time frame for construction and development of different aspects of the PUD. 3. Regulating Plan. A regulating plan shall be provided with street types and open space for all property within the PUD boundary. The regulating plan shall be keyed to a set of standards developed based on location. This plan should consider how all modes of transportation will be accommodated, including pedestrians, bicycles, cars, transit, rideshare, etc. Detailed right-of-way cross sections shall also be included in this plan or as an attachment to this plan. 4. Streetscape and Hardscape Manual. A streetscape and hardscape manual shall be created that includes specifications for the following: sidewalk clear zones, landscape zones, supplemental zones including details regarding lighting fixtures, on-street parking, street furniture, landscape materials and other amenities. A streetscape map shall accompany this manual that identifies appropriate streetscape and hardscape designs for all streets, plazas, open space, locations for public art, etc., within the plan. 5. Architectural Pattern Book. An Architectural Pattern Book demonstrating approved building materials, features, exterior finishes, windows, doors, colors, and other items affecting exterior appearance, such as signs, mechanical systems, fencing, etc. The pattern book shall include renderings of proposed buildings. 6. To the extent that an approved ODS and ODP for a PUD contradict the UDO, the approved ODS and ODP for the PUD district governs. All other chapters govern, unless specific alternatives are proposed and written into the ODS as part of the amendment application. 7. Applications shall include any additional information deemed necessary by the Community Development Director to determine compliance with Ordinance standards. E. Overall Plan or Standards Modifications. 1. Minor Modifications. The Community Development Director shall have the authority, in the administration of the PUD, to approve minor modifications of the Overall Development Plan or Overall Development Standards without a public hearing in a manner that is consistent with the purpose or intent of the overall development. Minor modifications are those changes which implement only slight alterations to the approved site design layout; which are made necessary by actual field conditions at the time of development; or which do not alter the impact of the development on nearby properties, nor the intent or integrity of the conditions as they were originally imposed. a. Any request for a minor modification of the ODP or ODS shall be made in written form to the Director. Furthermore, the request for a minor modification shall be accompanied by copies of the revised ODP and ODS. 2. Major Modifications. Any major modification to the site plan, or to conditions that were attached to an approved Overall Development Plan or Overall Development Standards, shall require an application and public hearing before the Planning Commission and the City Council, in accordance with the rezoning procedures of Chapter 109, Public Hearing Application, Review Procedures. Without limiting the meaning of the phrase, the following are examples of what constitutes a "major modification" for purposes of interpreting this section: a. The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property; if this causes an encroachment upon the required yard setbacks; b. Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building; c. Any change in any buffer requirement(s) that were imposed in the original zoning amendment; d. Any increase in the height of any building or structure; or e. Any change in the proportion of floor space that is devoted to different authorized uses. 2.8 Overlay Districts 2.8.1 Generally A. These overlay districts are superimposed on portions of one (1) or more underlying zoning districts that allow application of additional standards to accomplish a special Commented [EM17]: Consider renaming to “site plan amendment” or some type of “amendment” (LL) Commented [DS18R17]: Modifications include anything under C before it not just to the site plan purpose, for promoting the aesthetics of the City for the general public and the existing residents. B. Relationship to Underlying Zoning District Standards and Other Provisions of UDC. In any case where the standards and requirements of the overlay district conflict with those of the base-zoning district or with other provisions of the UDC, the standards and requirements of the overlay district shall govern. C. Applicability. Overlay districts are supplemental to the underlying zoning district classifications established in the UDC governing all properties and approvals within this overlay district. The provisions of this Section shall be overlaid upon and shall be imposed in addition to said underlying zoning regulations and other City ordinances. The Director is authorized to promulgate and enforce such rules, regulations, guidelines, and standards as may be reasonably necessary or desirable to give effect to the provisions of this section. D. Exceptions. The provisions of this Section shall not apply to the following development or activities, unless expressly stated herein: 1. Any application submittals and previous approvals lawfully issued permit, issued prior to the effective date of this ordinance, as long asin accordance with Section 1.5, Transitional Provisions;: a. Such permit has not expired prior to such effective date of this ordinance; b. Actual building or site construction commences prior to the expiration of said permit; c. Actual building or land development construction is carried on pursuant to said permit and is limited to work in strict accordance with said permit; and, d.1. Any future change in the use of the property or any structure thereon shall conform with the most recent version of the applicable overlay district. 2. Improvements and additions that are made to a single-family residence that was previously permitted and built on a lot of record prior to enactment of the ordinance from which this section is derived. 3. Construction of a single-family dwelling on an existing lot of record within a single-family residential subdivision with a final plat that was approved prior to the enactment of the ordinance from which this section is derived. The new construction shall be of a similar floor area, materials, architectural character, and design as the single-family dwellings on adjacent lots within the same subdivision. 4. Work that does not expand the floor area of an existing nonresidential building or structural capacity of the existing development, provided that: a. The structure is on a lot of record; and b.a. The modification activity does not affect a change to more than 20 percent (20%) of the existing permitted structure or 5,000 square feet, whichever is less.Nonconforming standards in accordance with Chapter 7, Nonconforming Standards. 5. Subsurface site improvements, including but not limited to installation or repair of underground utility lines and drainage ways. 2.8.2 PMU—Parkway Mixed Use Overlay District A. Purpose. The purpose of the Parkway Mixed Use Overlay (PMU) District is: 1. To promote the general health, safety, and welfare of the community where residents and visitors can live, work, eat, and play. 2. To promote economic development by diversifying the employment base for a stronger City. Commented [EM19]: Discuss removal of the density maximums previously included in the PMU overlay (45 du/acre, etc.) (GL) Commented [DS20R19]: Removed density maximum and density bonus as no other zoning district has a density -- we could add something that permits 2.8.2 smaller lot sizes based on amenities provided if you are wanting to retain this. 3. To improve public health and provide safe and efficient movement within the overlay district by promoting development patterns that encourage physical activity such as walking and bicycling. 4. To encourage a balanced mix of retail, professional, residential, civic, entertainment, and cultural uses. 5. To improve the efficient operation of traffic around the City. 6. To provide accessible and sufficient parking in an unobtrusive manner. 7. To create an attractive gateway that is aesthetically appealing and environmentally responsible. 8. To encourage innovative development projects that set standards for landscaping, open space, community design, and public amenities. 9. To establish consistent and harmonious design standards for public improvements and private property development within the overlay district so as to unify the distinctive visual quality of the City. B. Applicability. These regulations of the PMU Overlay District pertain to all properties which have frontage on one (1) or more streets, as identified and designated on the City’s Overlay District Map. C. Permitted Uses. Developments may contain a single use or a combination of uses arranged vertically within the same building or horizontally across multiple buildings and sites. Any use permitted within the underlying zoning district, including the MU and MUS districts, shall be permitted in the PMU Overlay District, subject to the standards of this Ordinance. Such uses or combination thereof, where listed as “Select Uses” shall be subject to the additional standards of this PMU Overlay District. D. Select Uses. The following uses shall be permitted within the PMU Overlay District only in accordance with the requirements of Section 2.8.2.D.2, Additional Requirements for Select Uses. 1. List of Select Uses. a. Fueling stations; b. Automotive service/repair/maintenance centers, minor; c. Car washes; d. Convenience stores. e. Restaurants with drive-through (a.k.a. "drive-thru") facilities or windows; or Commented [DS21]: Gordan “The existing PMU regulations expressly provide that the PMU Overlay District takes precedence over base zoning districts and other overlay districts. This provision has been removed. Please clarify which standards govern where the PMU overlaps with another overlay district, particularly where the applicable overlay standards conflict. The existing applicability provisions require high-rise and mixed-use buildings within the PMU to comply with the additional standards previously associated with the HighRise Mixed-Use Overlay District. This language has been removed. Please confirm whether these standards have been incorporated elsewhere in the proposed UDC or whether their removal is intentional.” Commented [DS22R21]: There is no overlap of overlay districts on your zoning map and 2.8.1 addresses the base zoning districts. Your current code incorporated any associated requirements from the high-rise mixed use overlay district and does not need to be stated since it was eliminated Commented [EM23]: Discuss reverting back to permitted uses withing C1, C2, OI, CCR, and MFR instead of as permitted by the underlying zoning district; could include MU and MUS to this list (GL) Believe our intent was to require appropriate rezonings to match desired uses within the overlay. Commented [DS24R23]: Same comment, according to the comprehensive plan the PMU areas overlap the areas for mixed use or high density residential so it appears this overlay needs to be stripped down. f. Other proposed select uses, to be determined acceptable by the Director. 2. Additional Requirements for Select Uses. a. A select use must be located on a property which has frontage on either a collector or an arterial road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation. b. Any existing nonconforming structures may not be enlarged or expanded. c. Building facades for both primary and accessory structures must be constructed of brick, stone, or other approved masonry by the Director on all sides. d. Fueling stations shall provide an equal number of electric charging stations as fuel pumps on the site, and covered canopies must be provided over all fuel pumps and electric charging stations. e. Select uses shall provide an acceptable means of access and internal site circulation, to be determined acceptable by the Fire Marshal. E. Prohibited Uses. The following uses shall be prohibited within the PMU Overlay District: Commented [DS25]: Consider establishing criteria for the Director's determination of additional “Select Uses” to provide an objective basis for administering this provision. [GL] Commented [DS26R25]: The criteria could be based off the frontage, traffic, etc. Leaving it like this allows the Director discretion and the applicant can always appeal that “interpretation” 1. Adult entertainment establishments. 2. Ambulance service. 3. Automobile broker (no vehicle storage), except for stand-alone office uses. 4. Automobile rental and leasing facilities. 5. Automotive service repair and maintenance facilities, major. 6. Building and lumber supply establishments. 7. Day care centers. 8. Funeral home, mortuaries, and crematoriums. 9. Greenhouses and nurseries, including landscape service. 10. Pawnshop, loan brokers, check cashing, and other than mortgage loan brokers. 11. Retail warehouses/wholesalers providing sales of merchandise (with or without outdoor storage). 12. Rooming and boarding houses. 13. Self-service storage, mini-warehouses, or warehousing and storage. 14. Personal care homes. 15. Tattoo and piercing parlors. 16. Trade shops, including electrical plumbing, heating/cooling, and roofing siding. 17. Truck terminals, truck trailer storage lots, truck parking lots, and truck repair. Commented [DS27]: The existing PMU prohibits “specialized housing facilities,” while the proposed language specifically prohibits “personal care homes.” Please confirm whether this terminology change is intended to narrow the prohibited-use category and whether other uses currently classified as specialized housing facilities remain prohibited within the PMU. [GL] Commented [DS28R27]: Specialized housing facilities include senior housing, cottage court and tiny house village which should be allowed in a mixed-use zoning district or overlay 18. Industrial uses, warehouses, and business distribution centers. 19. Tobacco, vape shops, and/or smoke shops. 1. The impervious surface area shall not exceed eighty-five percent (85%) of the lot area. Commented [DS29]: The existing PMU specifically prohibits “veterinary clinics,” while the proposed language prohibits the broader category of “animal care facilities.” Please confirm whether the intent is to prohibit all uses classified as animal care facilities within the PMU, rather than only veterinary clinics. [GL] 2. Stormwater Features. Bioretention planters, permeable paving, rain gardens, and other green infrastructure features are encouraged. Stormwater features shall be integrated into streetscape design wherever practical. Commented [DS30R29]: I would argue that a doggy daycare or boarding would be a more intensive use than a clinic which is why we categorized it as all facilities. If you would like it separated out, we can do that. 20. Animal care facilities. F. Site Design Standards. 3. Parking. a. Parking shall be located to the rear or side of buildings, where feasible. b. Parking lots shall be directly connected to a sidewalk leading to the main entrances of all buildings on the site, and they shall include marked crosswalks across interior driveways and vehicular aisle. c. The Director may approve a reduction of up to twenty-five percent (1025%) in the number of parking spaces required for a specific use where inter-parcel access is provided, and a shared parking analysis demonstrates that adequate parking will be provided. 4. Access. a. Adjoining properties shall be encouraged to share curb cuts to reduce interruptions to the sidewalks. b. Properties that are adjoining are required to have curb cuts to adjacent properties to create a connection between the two (2) properties. This requirement may be exempted by the Director upon a determination, supported by site-specific analysis, that interparcel connection is not feasible due to traffic concerns or topographic constraints. b.c. Intersection crosswalks shall be constructed or stained concrete or brick pavers. Concrete pavers shall be stamped and stained to give the appearance of brick. 5. Landscaping. a. A minimum tree canopy cover of aAt least thirty percent (30%) shall be provide for paved parking areas exceeding 4,000 square feet in new or redeveloped sites. The canopy percentages shall be calculated by including preserved and newly planted trees through delineation of polygon mapping for groupings and canopy projections for new plantings based on species specific data. Commented [EM31]: Discuss keeping or striking this language - sort of in conflict with Sec. 11.2 -- general admin variance section only allows up to 10% reduction: “The reduction of minimum parking spaces required is limited to a maximum deviation of ten percent (10%) of the code requirement.” Commented [DS32R31]: We can align the administrative section to 25% if desired or eliminate this and keep the 10% administrative variance. But yes they should match. a. of the paved surface area of each surface parking lot shall be shaded by mature landscaping within five (5) years of construction to provide a cool environment. b. All surface parking areas (of any size) abutting a public street (not including an alley) must be screened in accordance with Section 4.7.5, Landscape Strips. c. All areas along the corridor which are not developed with buildings or prepared surfaces for parking, circulation, utilities or the like, shall be landscaped and maintained with ornamental plantings. These plantings should be native or drought-tolerant plants to minimize the need for irrigation. d. Green fields and wooded areas should be left as they are, until they are developed into another use. e. Paved areas of the site shall be limited in size to the area that is required to accommodate the intended use. 6. Exterior Lighting. a. Decorative lighting must be provided at all entrances, pathways, parking areas, and recessed areas. b. All exterior lighting fixtures shall use full cutoff luminaires to reduce both energy usage and glare, as well as prevent light pollution. c. Lighting shall be pointed at the ground or the building directly to prevent glare onto neighboring areas. d. Light fixtures, light pole bases, and poles, shall be consistent with each other, with the architecture of buildings (if any), and/or with the nearby street lighting. 7. Utilities. a. Utilities shall be located underground. b. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. c. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. G. Streetscape Standards. The streetscape along the major highways arterial or collector streets shall be divided into three (3) distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be permitted at varying widths between five (5) and twenty (20) feet wide. The building frontage zone shall be provided between the edge of the pedestrian travel zone and the front façade of the adjacent building. The building frontage zone may be located within the public right-of-way as approved by the Director of Public Works or on private property. 2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works, paved in concrete, and kept clear and unobstructed for the safe and convenient use of pedestrians. 3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover or flowering plants. The fixtures/planting zone shall be provided between the back of curb and pedestrian travel zone and located within the public right-of-way or as approved by the Director of Public Works. Within the fixtures/planting zone: a. Shall contain street treesStreet trees planted in accordance with Section 13.84.7.4, Street Trees. a. b. Benches shall be placed at a maximum distance of 500 feet from one another. c. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. b. Bicycle racks should be located at a maximum distance of 250 feet apart. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. c. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. d. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. e. Pedestrian-scale lighting should shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. Figure 2.8.2.G - Streetscape Standards H. Building Standards. 1. Height. The building shall be a minimum of two (2) stories and a maximum of twenty (20) stories. The first finished floor level shall be level with the sidewalk grade. 2. For parcels located in the Parkway Mixed-Use Overlay District, the ground floor area, at street level, shall be occupied by one of the following active uses listed under the categories identified below, as they relate to and are shown on Table 3.1.B – Land Uses. a. Any use listed under LODGING; b. Any use listed under INSTITUTIONAL/PUBLIC; c. Any use listed under MASS ASSEMBLY CENTERS & GROUNDS; d. Any use listed under OFFICE; e. Any use listed under RETAIL; f. Any use listed under RESTAURANT & FOOD ESTABLISHMENTS; g. Any use listed under SERVICES; h. Exemptions. i. Standalone single-family detached and single-family attached uses (duplex, triplex, and quadplex buildings) shall be exempt from the provisions of this section. i. Development that is held in ownership by a government agency shall be exempt from the requirements of this section. Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Commented [EM33]: Potentially remove - as single fam detached is not permitted in the DT district on the use table. Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None j. If a Medical Office, Specialist, or Clinic use is provided to meet this regulation, the floor area shall be in one or more of the following functions: lobby, waiting room, food service, or out-patient clinic. 2. At least the first floor (sidewalk grade) of residential buildings in the PMU overlay district are required to be commercial space. 3. Setbacks. a. The required building setbacks of the underlying zoning district may be reduced, as approved by the Director, to encourage new commercial buildings to develop closer to the street. b.a. Buildings may be set back further to allow for an appropriate building frontage zone which may include balconies or steps, public plazas, outdoor dining areas, or additional landscaping. 4. Corner lots should be oriented to the corner and be used to create focal points at the four (4) corners of major street intersections. 5. When buildings are located adjacent to existing commercial developments that are set further back, a step-back design may be utilized to transition to the desirable setback pattern, reducing excessive variation. 6. Some form of protection is required at all retail frontage along the corridor for relief from inclement weather. This can take the form of awnings, canopies, or other accessory shade structures as may be approved by the Director. These structures shall be: a. Architecturally consistent with the building and be made of durable opaque materials such as cloth or canvas. The use of shiny, high-gloss, translucent materials such as vinyl or plastic is prohibited. b. The color shall be compatible with the building façade. c. The scale (height, length, depth and overall bulk) shall be compatible with the building storefront. d. Columns to the structures are not permitted in the public right-of-way 7. Building Entrance. a. All first story uses shall have a primary pedestrian entrance, which faces, is visible from, and is directly accessible from the sidewalk. b. All first-story businesses with more than sixty (60) feet of frontage along sidewalks shall provide one (1) pedestrian entrance for every sixty (60) linear feet of frontage or fraction thereof. I. Architectural Requirements. The following design guidelines and standards apply to all newly-constructed buildings used for nonresidential or residential purposes. 1. Design Composition. Formatted: Font: (Default) Calibri, Ligatures: None Commented [EM34]: Discuss removing this to allow standalone residential buildings - I think our intent was to require active commercial space in all buildings at the first floor; Gordon’s comment relates to the permitted uses statement: “Developments may contain a single use or a combination of uses arranged vertically within the same building or horizontally across multiple buildings and sites.” Commented [DS35R34]: We can match 2.8.3, G of the DTV? a. The use of a common palette of building materials should be maintained in the Department of Community Development for building facades to create a consistent and traditional architectural identity for the PMU Overlay District. Traditional architecture shall include, for example, the use of brick, pitched roofs, low-profile signage, and subdued colors. b. For large commercial/retail, mixed-use, and multifamily buildings, variations in facade, roofline, and depth should be provided to lend the appearance of multitenant occupancy. c. Contrasting accent colors on any single facade shall be limited to no more than ten percent (10%) of the total wall area for any single façade d. Permanent mounted exterior neon lights shall not be allowed. e. Buildings that are located on outparcels and all accessory buildings shall be constructed of materials complementing the principal building with which they are associated. f. Back-lit awnings, roof-mounted lights, and/or roof mounted flag poles are not permitted. g. Satellite dishes shall be located and painted to blend with the background as much as practical. h. All design and construction shall be subject to architectural review by the Director or to ensure adherence with the requirements and intent of this Section. 2. Exterior Finish Materials. Table 2.8.2.IG.2, PMU Allowed Building Materials below and the provisions of this Section outline the allowed building materials that may be used, in combination, to create a consistent, attractive, interesting, and long-lasting building design: Table 2.8.2.I.2 – PMU Allowed Building Materials Building Material Requirement Brick1 or Stone2 Minimum fifty percent (50%) per façade Glass Permitted Tilt/Pre-Cast Prohibited Stucco Maximum fifty percent (50%) per façade Concrete Blocks Prohibited CMU/Split-Face Block Maximum ten percent (10%) per façade Natural Wood and/or Cementitious Prohibited3 Fiberboard Metal Prohibited Tile Prohibited Notes: 1. Brick veneers that are intended to simulate brick exteriors are not acceptableveneer walls shall use full-depth brick. 2. Natural stone such as, but not limited to, granite, limestone, acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone shall be prohibited. 3. Allowed for stand-alone residential buildings, provided such buildings have a minimum 4:12 roof pitch. Commented [EM36]: See comment regarding standalone residential uses Formatted: Pattern: Clear (Yellow) 2.8.3 DTV—Downtown Village Overlay District A. Purpose. The purpose and intent of the Downtown Village Overlay District are: 1. To recognize and affirm the function of the existing traditional downtown as the central focus of commercial, artisan, and civic activities within the community. 2. To allow the existing downtown to flourish, intensify, and expand wherever it may be appropriate, in a manner that is consistent with its traditional character. 3. To provide a local retail, service, artisan and civic center for the community. B. Applicability. 1. These regulations of the Downtown Village Overlay District shall take precedence over the regulations of all other districts, including the base zoning districts and any other type of overlay district. 2. The boundaries for the overlay are designated on the City’s Overlay District Map. 3. The requirements of this DTV Overlay District are not intended to apply to existing single-family residences. The requirements for such uses shall be those provided under the appropriate zoning classifications for such uses, except where single-family or multiple family use(s) are/is located in a building containing another non-residential permitted use in this district. C. Permitted Uses. All permitted uses as provided within the Downtown District (DT) are permitted uses in the DTV Overlay District. D. Special Uses. All special uses as provided in the Downtown (DT) District are special uses in the DTV Overlay District. E. Prohibited Uses. The following uses are prohibited in the DTV Overlay District: 1. Adult entertainment establishments. 2. Boarding and rooming homes. 3. Catering establishments. 4. Child and adult day care centers. 5. Consignment and thrift stores. 6. Family day care homes. Commented [DS37]: The existing DTV regulations expressly permit residential units located on upper floors above and/or to the rear of commercial and office uses. This provision has been removed from the proposed DTV standards. Please confirm whether these mixed-use residential configurations remain permitted under the proposed Downtown (DT) District standards or whether their removal is intentional. [GL] Commented [DS38R37]: Yes we made DT more of a mixed-use district and therefore residential can be stand alone Commented [DS39]: The existing DTV Overlay District identifies additional special uses, including bed and breakfast establishments, multifamily residential buildings, passenger depots/transit shelters, singlefamily residences, and container- and rail-based commercial structures. These DTV-specific provisions have been removed. Please confirm whether these uses and the associated standards for container- and railbased commercial structures have been incorporated elsewhere in the proposed UDC or whether their removal is intentional. [GL] Commented [DS40R39]: The IBC has industrialized buildings which we have identified in 4.4.2. Again DT is intended to be a mixed-use district therefore we defaulted to DT Commented [DS41]: Places of worship” are prohibited within the existing DTV Overlay District but have been removed from the proposed prohibited-use list. Please confirm whether the intent is to allow places of worship within the DTV Overlay District subject to the applicable DT District use regulations. [GL] Commented [DS42R41]: Prohibiting them is a RLUPIA violation if you allow other places of assembly which is why we removed it 7. Fueling stations. 8. Payday loan, title loans, money cash exchanges. 9. Public and private schools and related facilities. 10. Restaurants with drive-through facilities (a.k.a. "drive-thru") and/or windows. 11. Tobacco, vape shops, and/or smoke shops. 12. Tattoo and piercing studios. 13. Extended stay lodging. F. Temporary Uses. The following temporary uses are required to seek special event approval from the Director within the DTV Overlay District. The Director may impose specific calendar dates, times, or relevant conditions to the approval. 1. Carnivals, fairs, and other similar activities of a temporary nature. 2. Food trucks and similar temporary mobile vendors. 3. Outdoor recreational and/or educational opportunities. 4. Sidewalk sales. G. Required Ground Floor, Street Level Active Uses. 1. For parcels located in the Downtown Village Overlay District, the ground floor area, at street level, shall be occupied by one of the following active uses listed under the categories identified below, as they relate to and are shown on Table 3.1.B – Land Uses. Any use listed under RESIDENTIAL; Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Underline Formatted: Font: Not Bold Formatted: Font: Not Bold 2. Any use listed under LODGING; 3. Any use listed under INSTITUTIONAL/PUBLIC; Formatted: Font: Not Bold 4. Any use listed under MASS ASSEMBLY CENTERS & GROUNDS; Formatted: Font: Not Bold 5. Any use listed under OFFICE; 6. Any use listed under RETAIL; Formatted: Font: Not Bold Formatted: Font: Not Bold 7. Any use listed under RESTAURANT & FOOD ESTABLISHMENTS; 8. Any use listed under SERVICES; Formatted: Font: Not Bold 9. Exemptions. Commented [EM43]: Potentially remove - as single fam detached is not permitted in the DT district on the use table. a. Standalone single-family detached and single-family attached uses (duplex, triplex, and quadplex buildings) shall be exempt from the provisions of this section. b. Development that is held in ownership by a government agency shall be exempt from the requirements of this section. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold 10. If a Medical Office, Specialist, or Clinic use is provided to meet this regulation, the floor area shall be in one or more of the following functions: lobby, waiting room, food service, or out-patient clinic. G.H. Site Design Standards. 1. There shall be no outdoor storage of either materials or products. 2. Roadways shall be designed utilizing curb and gutter, in accordance with Chapter 16, Infrastructure Improvements. 3. Utilities. a. Utilities shall be located underground. Utility boxes, transformers, and mechanical equipment visible from public streets shall be screened with landscaping or architectural treatments. b. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. c. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. 4. Stormwater Features. Bioretention planters, permeable paving, rain gardens, and other green infrastructure features are encouraged. Stormwater features shall be integrated into streetscape design wherever practical. 5. Landscaping. a. Landscape beds shall incorporate drought-tolerant and native plant materials whenever feasible. Landscaping shall not obstruct pedestrian visibility or traffic sight triangles. Artificial turf shall be prohibited within required streetscape planting areas. b. Irrigation systems or comparable watering methods shall be provided for all required landscaping. 6. Lighting Standards. a. Pedestrian-Scale Lighting Required. Decorative pedestrian-scale lighting shall be provided along sidewalks, plazas, and pedestrian gathering areas. Fixtures shall generally be between twelve (12) and sixteen (16) feet in height. b. Design. Lighting fixtures shall maintain a coordinated downtown character. Cobra-head highway style fixtures shall be prohibited unless required by a state or federal agency. c. Illumination. Lighting shall be designed to improve public safety while minimizing glare and light trespass. Full cut-off fixtures are encouraged. d. Accent Lighting. Architectural lighting, façade lighting, and landscape uplighting may be permitted where designed to complement downtown character. 7. Crosswalks and Pedestrian Connectivity. a. Connectivity. Development shall provide direct pedestrian connections between buildings, parking areas, sidewalks, trails, and adjacent properties. Gated pedestrian barriers between compatible adjoining developments shall be prohibited unless required for public safety. b. Mid-Block Connections. Large developments or superblocks may be required to provide mid-block pedestrian passages where determined necessary by the City. b.c. Intersection crosswalks shall be constructed or stained concrete or brick pavers. Concrete pavers shall be stamped and stained to give the appearance of brick. Commented [DS44]: Criteria is typically based on site layout , traffic, etc. It is site specific which is why we left it at the discretion of the City 8. Outdoor Dining a. Outdoor dining shall be permitted within the overlay district subject to applicable encroachment permits and public safety requirements. b. Restaurant tables and chairs are permitted in the front setback but shall not be positioned so that their use blocks pedestrian flow. Within two (2) hours of the posted closing time, such tables and chairs shall be removed and stored inside the primary or accessory building. c. Outdoor seating areas shall utilize durable and coordinated furnishings, and include decorative landscaping or screening where appropriate. d. Public plazas, courtyards, pocket parks, and greenspace areas are encouraged. e. Outdoor dining or retail display areas shall maintain a minimum five (5) -foot accessible pedestrian path at all times. 9. Parking. a. On-street parking, either angled or parallel, may be provided along all public streets, unless otherwise determined by the Mayor and City Council. b. The Director may reduce the parking requirement by twenty-five percent (2510%). c. Off-street parking facilities shall be illuminated with downcast lighting using energy-efficient bulbs. H.I. Streetscape Standards. The purpose of streetscape standards is to: establish a safe, comfortable, and attractive pedestrian-oriented public realm; promote walkability; encourage coordinated downtown design and branding; improve connectivity between Commented [EM45]: See previous comment regarding parking reduction limit - 10% elsewhere under administrative variance section Commented [DS46R45]: These should be aligned. What is the preference 25% or 10%? We could also go in between at 20%? commercial, civic, residential, and public gathering areas; support economic development through vibrant and visually cohesive downtown environment; and promote accessibility for persons of all ages and abilities. The streetscape along the major highways shall be divided into two distinct zones consisting of a pedestrian travel zone and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Pedestrian travel zones along principal downtown streets shall have a minimum unobstructed pedestrian travel zone of ten (10) feet wide. Pedestrian travel zones along secondary streets shall have a minimum unobstructed pedestrian clear zone of eight (8) feet. The required width shall be measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works. a. Pedestrian travel zones shall consist of poured concrete, decorative concrete, brick pavers, or other durable materials approved by the City. Asphalt sidewalks shall be prohibited except for temporary installations approved by the City. b. Pedestrian travel zones shall be kept clear and unobstructed for the safe and convenient use of pedestrians. 2. A fixtures and planting zone shall be provided between the back of curb and pedestrian travel zone whenever feasible and located within the public right-ofway or as approved by the Director of Public Works. Developments with more than one hundred (100) linear feet of street frontage shall provide street trees planted in accordance with Section 13.84.7.4, Street Trees within the fixtures and planting zone and shall provide at least two (2) additional elements:of the following elements: a. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. b. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. c. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. d. Public art; d.e. Pedestrian-scale lighting shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. e.f. Public gathering elements; f.g. Decorative planters; g.h. Outdoor dining enhancements; h.i. Utility fixtures; i.j. Wayfinding signage; or j.k. Water features. Figure 2.8.3.IH - Streetscape Standards I.J. Building Standards. 1. Height. a. The maximum building height shall be four (4) stories or 55 feet with the first finished floor level being level with sidewalk grade. A height variance may be applied for in accordance with Chapter 10, Variances and Appeals. b. The minimum building height location at an intersection shall be three (3) stories or 45 feet with the first floor level being level with sidewalk grade. 2. Setbacks. a. Front Yard Setback. The front yard setback shall be a minimum of 0 feet from the curb and may be increased to 20 feet if additional space is landscaped as a garden or outdoor seating or dining area. Entries may be recessed up to 25 feet. b. Side Yard Setback (each side). The side yard setback may be zero (0) feet if attached to or abutting an adjacent building. Where not attached or abutting, the side yard building setback shall be a minimum of ten (10) feet, but not more than 20 feet in width. c. Rear Yard Setback. The rear yard setback shall be a minimum of 25 feet. If located within the historic downtown, the rear yard setback shall be a minimum of 55 feet. J.K. Architectural Requirements. All structures, except single-family homes, duplexes, triplexes, and quadraplexes, in this district must meet the minimum structural and architectural design standards that are listed below. These standards apply to new building construction and renovations, remodels, or expansions of existing buildings. 1. Design Composition. a. Architectural Features and Details. Exterior facades, including eaves, columns, pilasters, cornices, windows and window surrounds, canopies, fascia, and roofs shall be proportionate with the building and compatible with surrounding traditional buildings. The scale of new construction, including the arrangement of windows, doors, and other openings within the building facade, shall be compatible with surrounding traditional buildings. b. Colors. The colors that are to be used for exterior surfaces, including roofs, shall be harmonious with surrounding development and shall visually reflect the traditional concept of the Old Downtown. Incompatible colors include metallics, neon, and/or primary colors. c. Transparency. For a mixed-use building that has a nonresidential ground floor use, the minimum transparency shall be seventy (70%) percent of the total surface area of a façade facing any street. Alleys shall be exempt from the requirement. To calculate the minimum transparency percentage, divide the total transparent glass area by the total surface area of the facade then multiply by 100. d. Accessory Structures. All accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality, and appearance as the principal structure. 2. Exterior Finish Materials. a. Table 2.8.3.KJH.2, DTV Allowed Building Materials below and the provisions of this Section outline the allowed building materials that may be used. b. Prohibited Materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel, corrugated metal, vinyl, plastic or fiberglass siding. Facia materials which rapidly deteriorate or become unsightly such as galvanized metal or unfinished structural clay tile, are not permitted. Table 2.8.3.KHJ.2 – DTV Allowed Building Materials Building Material Requirement Brick1 Minimum 100% on three (3) sides Brick1, Stone2, or Stucco Minimum 50% on the front façade Decorative Glass Permitted Decorative Block3 Permitted Architectural Concrete3 Permitted Pre-Cast Concrete Units3 Permitted Vinyl Permitted in the eaves, soffits, and gables Metal Permitted in the eaves, soffits, and gables Fiber Board Siding Permitted in the eaves, soffits, and gables Notes: 1. Brick veneers that are intended to simulate brick exteriors are not acceptable. 2. Natural stone such as, but not limited to, granite, limestone, acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone shall be prohibited. 3. Provided that surfaces are molded, serrated, or treated with a textured material in order to give the front side a three-dimensional character. CHAPTER 3: USE REGULATIONS 3.1 Use of Land A. All uses of land in the City of Stockbridge shall adhere to the Land Use Table as provided in this Chapter. The table shall be interpreted as follows: 1. The letter “P” shall mean the subject use is permitted in the indicated zoning district. 2. The letter “S” shall mean the subject use is permitted in the indicated zoning district following the issuance of a special use permit in accordance with Section 109.2.5, Requirements for Special Use Permits. 3. The letter “A” shall mean the subject use is permitted in the indicated zoning district as an accessory land use. 4. The letter “A/S” shall mean the subject use is permitted in the indicated zoning district as an accessory land use and with the issuance of a special use permit in accordance with Section 109.2.5, Requirements for Special Use Permits. 5. A blank box shall mean the subject land use is prohibited in the indicated zoning district. 6. The “See Section” column is provided for situations in which use-specific regulations apply to the subject land use. B. Land Use Table: Land Use See Section Formatted Table Formatted: Left P HI C2 C1 MU DT MFR CCR SRR3 S See Section LI Commercial Greenhouses and Plant Nurseries, including landscaping services Keeping or raising of livestock Livestock processing and feedlots Riding academies or stables Roadside produce stands Accessory dwelling unit (guesthouse, inlaw suite, apartment over garage) Duplex, Triplex, quadplex Home occupation Live-work unit Manufactured home Industrialized home Multi-family apartments and condos Single-family residences (detached) R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P S S P P S 3.2.110 P P 3.2.254 3.2.4 3.2.321 A A A P S P A P A P A P P P P P P A A A P P P P P P P P P P 3.2.2 P A P Formatted: Font color: Background 1 3.2.243 S A Formatted: Left P 3.2.221 Commented [EM47]: Do we want to permit single-fam detached homes in the DT district? Land Use See Section Formatted Table Formatted: Left S A A P S S S S S P P S P P P P S P S S P P HI LI P P P Title 9 S P 3.2.67 A S P P S P P P C2 P P A See Section C1 P MU P DT MFR SRR3 CCR Townhouse (feesimple only) Upper story residential Bed and breakfast (not in subdivision) Boutique Hotel Hotel Motel Short-term vacation rental Boarding/rooming house Personal care homes, group homes, and boarding home having 2 or less persons Personal care homes, group homes, and boarding home having 2 or more persons Nursing homes, assisted living, and hospice care facilities Senior adult housing Build-to-rent singlefamily development Tiny house village development Cottage court clusterhome village development Cemeteries R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P 3.2.298 S 3.2.298 S 3.2.276 P S P P P P P 3.2.365 3.2.87 P P P P 3.2.410 P P P P 3.2.121 S 3.2.98 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left P P P P P P 3.2.2019 P P P 3.2.176 P P S S P P P P P P P P P P P P P P P P P P P P P P P P S P S P P P P P S S S 3.2.3029 S S P S S S S S S P S S S S P S S S S S S S S S S S S 3.2.3029 3.2.3029 3.2.3029 3.2.3029 3.2.3029 3.2.3029 P P S S 3.2.3029 S S S 3.2.3029 S P S P S P HI S C2 C1 MU DT MFR CCR SRR3 See Section LI Funeral homes, mortuaries, and crematoriums Emergency response and public safety facilities Golf courses and driving ranges Municipal or county buildings Library or museum Public Parks and playgrounds Amphitheaters, theaters with live performance, assembly or concert halls, or similar Athletic fields Firing ranges Convention centers Civic centers Fairgrounds Clubs, lodges and event facilities Indoor recreation (bowling alleys, movie theaters and other activities conducted wholly indoors) Outdoor amusements (miniature golf, carnivals or midway rides, pony rides, R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P 3.2.210 P P S S Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Zonin g Distric t Table 3.1.B – Land Uses. MFR OI DT MU C1 P P P P P P P P P S P P P P P P P P P P S S HI CCR P LI SRR3 P C2 R2NR climbing walls, tracks for go-carts and similar vehicles, and other tourist-oriented rides and amusements) Places of worship Rodeos Colleges, universities, research and training facilities Public kindergarten, elementary, middle and high schools Private kindergarten, elementary, middle and high schools Private commercial/ vocational schools (including martial arts, dance studios, and other traditional technical or vocational training) Automobile brokerage (no vehicle storage) Automobile service, major repair Automobile service, minor repair Automobile sales and truck sales Automobile rental and leasing facilities See Section R1R Land Use P S P P S P 3.2.3029 3.2.3029 P P S P P P P P 3.2.3433 P P P P 3.2.343 P P P P P P P Title 9 P Title 9 S Title 9 P Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left LI HI C1 MU DT MFR CCR SRR3 See Section C2 Automobile wash and wax centers Commercial Drone Delivery Hub Fueling stations Recreational vehicle/boat sales and service Tire shops Contractor’s establishment (with material and equipment storage) General business or administrative office, (without storage) General Art gallery Farmer's market Grocery stores Hardware store or other building materials store Liquor or package store Pawn shops and second-hand stores, including apparel, music, movies, gaming, and books Pharmacy or drug store Small box discount stores R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. A/S A/S A/ S P S S S S P P P Title 93.2.14 3.2.1984 Title 9 P P P P P P P A P P P P P P P P P P P S P P P P S P P P P P P Title 9 P Title 9 P P P P P S P 3.2.3764 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Tattoo shops Used appliance shops Vape shops, hookah sales Accessory cafe or eatery within a building Brewpub, beer growler, brewery Bakery, confectionary, and cafe uses Catering establishments Cigar bars, hookah lounges Restaurants (nondrive-thru) Restaurants with a drive-thru configuration Specialty food stores (e.g., coffee, ice cream) Ambulance, taxi or limousine service, dispatch, and storage Bus or rail stations or terminals for passengers Airstrips, airports, and heliports Parking, commercial lot HI LI C2 See Section C1 MU DT MFR CCR SRR3 R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P A A A A A P P P P P P P P P P Title 9 Title 9 Title 9 A A P P P P P P P P P P P P P P P P S SP P P 3.2.5 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Zonin g Distric t Table 3.1.B – Land Uses. S S DT MU C1 C2 LI HI MFR CCR SRR3 S See Section OI Parking, commercial garage Parking, Truck lots (as distinguished from truck terminals and similar uses) Adult and child day S care Kennels S Veterinary clinics S Banks, credit unions or other similar financial institutions Barber shop/beauty salon or similar establishments Coin laundry, dry cleaning, and pickup stations Day spa Nail shops Fitness center Other Personal services establishment Photographic studios Publishing or printing establishments Dental offices and clinics Health services clinic, urgent care Home healthcare service, office use only R2NR R1R Land Use A A A A A P P P P P P P P P P P P P P P P P P P P P P P A P P P P P P P P P P P P P P P P P P P P P P P P P P P A P P 3.2.3 P P 3.2.4 3.2.4 Title 9 Title 9 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left P P P S P P P P HI P C2 C1 MU DT MFR CCR SRR3 See Section LI Hospital or medical facility Kidney dialysis center Medical or dental laboratories Physical therapy Agricultural implementation and equipment establishments Armory and equipment sales Alternative energy production (other than solar energy systems) Agriculture crop processing and storage (of materials produced off-site) Automobile/Truck manufacturing Asphalt and concrete batching plants Asphalt manufacturing Business distribution centers Blast furnace, steel furnace, blooming, or rolling mill Brick, tile, and terracotta manufacturing R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P P P P P P P P P Formatted: Left Formatted: Font color: Background 1 3.2.2321 9 P S S P S P S P P P P P 3.2.6 Commented [EM48]: Build out supplemental standards for this? Land Use See Section Formatted Table Formatted: Left LI HI MU DT MFR CCR SRR3 C2 A See Section C1 Clinics, cafeterias, employee credit unions and recreational facilities for employees only Computer and data processing services Centers for manufacturing, production, processing or assembly Central mixing plants for cement, mortar, plaster or housing materials Cement, lime, gypsum, or plaster manufacturing Chemical storage or manufacturing Data Center Heating and electric power generating plants and all necessary uses Fabrication shops Lumber yard for wholesaling of building products Machine and machine tool manufacturing Mines and quarries R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. A A A A P P P P 3.2.1098 S P P SP P P P P P P PS 3.2.132 3.2.2654 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Development of natural resources, including the removal of minerals (such as rock quarries) and natural materials, together with necessary buildings and machinery Petroleum or inflammable liquids, production, refining, or storage Poultry killing, plucking, and processing Railroad spurs and yards Railway lines, passenger depots, intermodal facilities, and rail yards Recycling centers for collection or processing Research, experimental, or testing laboratories Rock, sand or gravel distribution or storage Sawmills Sheet metal products Smelting of copper, iron, zinc, or ore Formatted: Left Formatted: Font color: Background 1 HI LI C2 See Section C1 MU DT MFR CCR SRR3 R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. S P S P P P P P P P P P P Commented [EM49]: Need to more clearly distinguish between these 2 or combine for supplemental standards to apply to both. Land Use See Section Formatted Table Formatted: Left Tinsmith/roofing operations Sanitary landfill Salvage yards or junkyards and wrecker services (with storage area) Self-service storage facilities Towing, wrecking, and impound service Warehousing or storage Wholesale business, warehouse, distribution, and similar non-processing storage and distribution uses Tractor trailer storage and trailer drop lots Truck terminals Truck, Trailer, Tractor sales and service Truck staging facilities Truck stops Truck storage facilities Radio/television transmission towers greater thanover 35 feet in height Radio tower under 35 feet or less in height HI LI C2 See Section C1 MU DT MFR CCR SRR3 R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P S P S S 3.2.3322 9 3.2.3542 P P P P P S S S S S S S S S P P 3.2.421 3.2.4138 3.2.432 Formatted: Left Formatted: Font color: Background 1 Land Use See Section Formatted Table Formatted: Left Ground-mounted SES, intermediate scale Ground-mounted SES, large scale Parking lot solar carports Accessory Structures Commercial Delivery Hub, Accessory Fences and walls Electric vehicle charging stations Gate and security buildings Outdoor storage Satellite dish antennas Swimming pools and pool enclosures Temporary buildings and Structures P P P P A S A S P A S P A S P A S P A S A P A S A S A A HI C2 C1 MU DT MFR CCR SRR3 See Section LI Transit park-and-ride lots Wireless telecommunications Utility substation (not to include electrical substations) Water tower Electrical substations Integrated SES Rooftop SES Ground-mounted SES, small scale R2NR R1R Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P P P P P P P P A S S P P A S S P P A S P P P A S P 3.2.1540 3.2.3875 3.2.3875 3.2.3875 P P 3.2.3875 S S 3.2.3875 3.2.38 A A A A A A A A A A A A A A A A A A A 3.2.1 3.2.14 A A A A A A A A A A A A A A A A A A A A A A A A 3.2.1873 3.2.1651 A A A A A A A A A A A A A A A A A A A A A A A A A A A 3.2.2875 A A P P P P P P P P P P P P 3.2.40397 3.2.3986 Formatted: Left Formatted: Font color: Background 1 Figure 3.1.B - Tower with Antenna Height. 3.2 Supplemental Use Regulations 3.2.1 Accessory Structures A. Accessory structures shall generally be compatible with the surrounding neighborhood and consistent with the character and intent of the zoning district in which they are located. B. Walls and fences shall not be considered accessory structures. C. Accessory structures shall be located on the same lot as, and subordinate to, the principal use or structure. D. Standards for specific accessory structures are set forth below. All accessory structures shall comply with the standards that are set forth below: 1. Accessory structures shall be located within a side or rear yard unless otherwise provided below. In the RR1 zoning district, accessory structures may be located within the front yard if the land area of the subject lot is greater than or equal to three (3) acres and not part of a platted subdivision. 2. Accessory structures shall not be erected prior to construction of the principal structure, except for agricultural storage buildings located on lots in the RR1 zoning district if the land area of the subject lot is greater than or equal to three (3) acres. 3. Accessory structures shall be included in all calculations for impervious surface ratio or lot coverage standards, and for stormwater management standards. 4. Accessory structures shall not be located within any required buffer or landscaping area, parking lot, protected resource area, easements, or stormwater management areas. 5. Accessory structures located in any residential zoning district shall not be used for any type of commercial operation. 6. Accessory structures shall not be used as a dwelling unit, except as provided in the standards for accessory dwellings. 7. Accessory structures shall comply with the following requirements. Standard Formatted Table From side and rear property lines 10 feet Formatted Table For corner lots Front setback for district applies to both frontages Development Feature Setbacks: Maximum height: Agricultural support structures, barns, and silos None Airplane hangars, regardless of zoning designation 35 feet Separation from principal building: 10 feet Formatted Table Formatted: Font: Bold Formatted: Font: Bold Maximum floor area: On parcels equal to or greater than three (3) acres and located in the R1R zoning district No greater than the heated floor area of the subject principal building On parcels less than three (3) acres and located in the R1R zoning district No greater than 50% of the heated floor area of the subject principal building All other zoning Districts No greater than 50% of the heated floor area of the subject principal building Formatted Table 3.2.2 Accessory Dwelling Units A. Lot Requirements. Accessory dwellings units may be located on lots meeting the following minimum standards: 1. The lot shall comply with the minimum lot area requirements of the applicable zoning district. 2. Lots served by county sewer shall be a minimum size of 18,000 square feet. 3. Lots utilizing an on-site sewage management system shall be a minimum size of 30,000 square feet. B. Quantity. No more than one (1) accessory dwelling unit shall be established on a residential lot. C. Parking. A minimum of one (1) additional off-street parking space shall be provided for the accessory dwelling unit. D. All accessory dwellings units shall comply with all applicable building, fire, and health UDC requirements. E. All attached accessory dwellings units shall meet the following standards: 1. Location of entrances. Only one (1) entrance may be located on the façade of the principal dwelling facing the street, unless the principal dwelling contained additional entrances before the guest houseaccessory dwelling unit was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances serving balconies or decks. 2. Exterior stairs. Fire escapes or exterior stairs for access to an upper-level guest houseaccessory dwelling unit shall not be located on the front of the principal dwelling and shall be locatedsetback a minimum of five (5) feet from the front building façade. F. Freestanding or detached accessory dwellings units shall meet the following standards: 1. Accessory dwelling units are considered an accessory structure if detached from the principal building and shall comply with all accessory structure regulations found in Section 3.2.1, Accessory Structures. 3.2.3 Adult and Child Day Care Facilities A. All facilities shall comply with applicable State regulations and shall obtain and maintain all required State licenses and approvals. B. Facilities shall be located on lots containing a minimum of one (1) acre. C. All facilities must obtain a business license with the city and provide proof of State licensure to the City prior to business licensing D. Each adult and child day care center shall be subject to the following requirements when it is located within a commercial building or commercial zoning district: 1. Facilities shall have access to a roadway classified as a collector or higher in the adopted thoroughfare plan. 2. No day care home shall be located within one thousand five hundred (1,500)1,500 feet of another day care facility. 3.2.4 Animal Care Facilities A. Design standards for specific animal care facility uses are listed in the table below, to include the following use types: 1. Animal Hospitals. 2. Veterinary Clinics. 3. Kennels. 4. Stables. Animal Care Facility: Animal Hospital or Veterinary Clinic (located in a freestanding building) Development Feature Standard Animals allowed Domestic pets, farm animals, and livestock; wild animals are prohibited Minimum building separation from parcels zoned or developed residentially 50 feet Building design Consistent with the design, materials, and color of buildings in the surrounding area Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned property Animal boarding Soundproofing required Formatted Table Animal Care Facility: Animal Hospital or Veterinary Clinic (located in a multi-tenant building) Development Feature Standard Animals allowed Domestic pets only; farm animals, livestock, and wild animals are prohibited Minimum building separation from parcels zoned or developed residentially 50 feet Building design Soundproofing required and odor-proofing required Animal boarding Prohibited Animal Care Facility: Commercial Kennel Formatted Table Development Feature Standard Animals allowed Domestic pets only; farm animals, livestock, and wild animals are prohibited Minimum land area Two (2) acres in the RR1 zoning district; one (1) acre in all other zoning districts Minimum building separation from parcels zoned or developed residentially 50 feet Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned property Animal boarding Soundproofing required Formatted Table Animal Care Facility: Noncommercial Kennel Development Feature Standard Animals allowed Up to ten adult domestic pets, only; farm animals, livestock, and wild animals are prohibited Minimum land area Three (3) acres Limitations on zoning districts Allowed only in the RR1 zoning district Minimum building separation from parcels zoned or developed residentially 50 feet Formatted Table Animal Care Facility: Stables (to include riding academies, barns, and other facilities for farm animals and livestock) Development Feature Standard Animals allowed Farm animals and livestock Minimum land area Three (3) acres Minimum building separation from parcels zoned or developed residentially 50 feet Minimum setback from parcels zoned or developed residentially for outdoor tracks and exercise yards 100 feet Outdoor tracks and exercise yards Odor control required; pest control required Fences The parcel (three or more acres) shall be fenced. The outdoor track and each exercise yard shall be separately fenced. Formatted Table 3.2.5 Airstrips, Airports, and Heliports A. Airstrips, airports, and heliports shall comply with the following regulations: 1. Minimum acreage shall be fifteen (15) acres. Commented [EM50]: Should all such uses be by SUP? Commented [DS51R50]: They are permitted in HI and SUP in LI 2. An undisturbed vegetative buffer shall be provided along all property lines that abut property with a residential zoning classification, except where prohibited to provide access or utility easements, to screen sight or sound of activities from adjacent and nearby residential neighborhoods. The buffer shall be a minimum of one hundred (100)100 feet in width and shall meet all requirements of Chapter 13, Buffers, Landscaping, and Tree Protection. 3. The landing strip/runway shall not be paved. The use of permeable or pervious pavement materials shall be allowed. 4. AllThe private airstrips, airports, and helicopters [heliports] shall adhere to all applicable laws and regulations of the Georgia Department of Transportation (GDOT) and Federal Aviation Administration (FAA). 5. No commercial activities shall be allowed or permitted with any approved special use. The following uses are prohibited: Flight instruction, aircraft storage (other than hangars for use by the property owner), aircraft maintenance (other than by the property owner), aircraft fueling (other than for use by the property owner), and other similar commercial airport activities. 6. Only one (1) airstrip per special use permit shall be allowed. 7. A maximum of two (2) airplane hangars may be allowed even in the absence of a primary structure to any approved special use. 8. All hangars constructed shall be required to obtain a permit and approval from the Director and shall comply with any and all development and building regulations and standards. 3.2.6 Alternative Energy Production (other than solar energy systems) A. Ground mounted structures and components, including transformers and foundations, shall be considered impervious. B. Lighting fixtures at facilities shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. C. Buffers and Screening. All facilities shall be screened to create a visual buffer from neighboring parcels and rights-of-way. Buffers shall be undisturbed (natural) but may include fences and earthen berms, or other encroachment, where specified by this UDC. Formatted: Font: Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri The existing natural tree growth and natural landforms along the facility perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. D. Decommissioning. Decommissioning of a facility shall begin no later than 12 months after a facility has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the facility and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the facility or to some other condition reasonably appropriate for the designated land use. E. All buildings and structures shall maintain setbacks of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. F. Any facility shall be located no closer than 50 feet to any abutting parcels zoned or used residentially. G. Any large-scale facility building or structure shall be located no closer than 100 feet to any abutting parcels zoned or used residentially. H. Facilities shall display advisory signage to include the following information, at minimum: 1. A statement about the risks that may result from physical contact with, or entry into, the subject facility; 2. The owner or operator of the subject facility; and 3. A twenty-four-hour emergency contact phone number. 3.2.76 Bed and Breakfast Facility A. The subject building must be a minimum of ten (10) years old before a bed and breakfast facility may be established. The individual or family operating the facility must occupy the house as their primary residence. B. The owner or operator of a bed and breakfast facility may reside in an accessory dwelling unit on the subject property so long as said accessory dwelling unit predates the bed and breakfast building. C. A bed and breakfast may be staffed by individuals that do not reside in the subject building. D. Bed and breakfast facilities may be temporarily used for luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or advertising activities, or other gatherings for direct or indirect compensation, so long as the occupant count does not exceed 100 persons, provided the subject building has been approved to support that capacity, pursuant to applicable life safety requirements. E. Vehicular drop-off and pick-up areas that directly face and/or abut residential property shall be screened from said abutting property by an opaque vegetation that achieves a uniform height of six (6) feet no greater than three (3) years after the date of planting. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: Calibri Formatted: Font: Calibri Formatted: Font: Calibri F. No separate kitchen facilities shall be allowed. Breakfast may be served on the premises only for guests and employees of the bed and breakfast. G. The site design standards set forth in the table below are required for all bed and breakfast facilities. Development Feature Standard Maximum number of bed and breakfast guest units 6 Minimum heated floor area of subject building 3,500 square feet Maximum floor area which the bed and breakfast use may occupy within the primary structure, in relation to the homeowner's area 75 percent Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property H. Permits and Licensing. 1. Special use permits for bed and breakfast facilities shall not be transferable to any future owner of the subject property nor to any other person or entity. Upon transfer of ownership of the subject property, the special use permit shall expire. 2. All bed and breakfast owners and operators must apply for a business license permit and must maintain a valid business license. Renewals must be submitted annually before the operational permit expires. Business licenses are not transferable. 3.2.87 Built-to-Rent Single-Family Developments A. Build-to-Rent (BTR) means a residential development consisting of single-family dwellings in which more than ten percent (10%) of the units are constructed for the primary purpose of being leased rather than sold, typically under single ownership or management. B. BTR communities shall only be permitted in zoning districts expressly identified in the UDC and shall be considered a special use or conditional use as specified therein. C. There shall be no exterior evidence that dwelling is build-to-rent. D. Parking shall only be provided on hard surface areas on the property and shall not be permitted outside such hard surface areas consistent with the provisions of this title. There shall be no parking on the street, on neighboring properties, in the yard, or in the Formatted Table Formatted: Font: Bold right-of-way. Required parking shall be accommodated within driveways, garages, or other residential structures such as carports. Surface parking lots may only be used for guest parking that exceeds the minimum number of spaces required per unit. E. The property owner or responsible property manager shall, at all times, maintain their contact information posted in a conspicuous location near the primary entrance to the home. Such contact information shall also be allowed to be posted in a conspicuous location at a centralized management office, community entrance, or other common location provided such posting clearly identifies all applicable units for which the information serves. F. Developments with more than 15 BTR units shall be required to maintain an on-site property management office or staff presence to respond to resident concerns and ensure compliance with maintenance standards, to operate at minimum during regular business hours (Monday through Friday, 9:00 AM to 5:00 PM). However, information for an emergency contact shall be provided to assist during non-business hours. G. All BTR units shall comply with the City’s architectural and site design requirements applicable to the underlying zoning district. H. Only one (1) build- to- rent unit shall be permitted per lot, as a permitted principal structure. No accessory structure shall be considered a build-to-rent unit. I. All BTR units shall comply with applicable building, fire, and life safety UDCs and shall be subject to inspection. J. All BTR Developments shall be registered with the City through a formal licensing process. This process shall include, but is not limited to, the following: 1. The property owner or operator shall submit an application form provided by the City, which shall include the address listings of all BTR units, owner contact information, responsible property manager (if applicable), and proof of ownership or leasehold interest. If the owner or operator is a corporate or limited liability entity, the application shall also identify a registered agent residing in Henry County and affiliated with the company to receive official correspondence and notices of violation. 2. BTR licenses shall be valid for a period of twelve (12) months from the date of issuance. License holders must submit a renewal application prior to expiration, along with any updated contact or operational information. 3. A non-refundable application and renewal fee shall be paid at the time of submission, as established by the City’s adopted fee schedule. 4. BTR licenses are non-transferable and may not be reassigned to a new owner or operator without reapplication and approval. 5. Failure to comply with applicable regulations, including but not limited to occupancy, safety, noise, or parking provisions, may result in the suspension or revocation of the BTR license. Commented [EM52]: DS - should review K. All BTR Developments shall be required to obtain and maintain a valid business license in accordance with the City’s occupational tax regulations. This requirement is in addition to the BTR license and shall be renewed annually. L. All signage associated with Build-to-Rent developments shall comply with the standards for residential land uses established in Chapter 6, Sign Standards, including but not limited to permitted monument, directional, informational, and temporary signage. 3.2.98 Cemeteries A. A cemetery may include one (1) or more of the following: a burial park for earth interments, a mausoleum for vault or crypt interments, and a columbarium. B. A cemetery may include a chapel or place of worship when it is operated in conjunction with, and within the boundaries of, such cemetery. C. Site design requirements are listed in the table below. Standard Formatted Table Registered cemeteries (per State law) 10 acres Formatted Table With a structure requiring a building permit 2 acres Without a structure requiring a building permit 1 acre Development Feature Minimum land area: Minimum setbacks for structures, storage, materials, equipment, or interment lots: Front yard 40 feet Side yard 20 feet Rear yard 20 feet Adjacent to any parcels zoned or used residentially 50 feet Minimum road frontage 100 feet Minimum road frontage Formatted Table 100 et D. Location Requirements. 1. No cemetery shall erect any structures nor conduct any activities within 75 feet of any one-hundred-year floodplain, wetland, or state water. Formatted Table 2. No cemetery shall erect any structures nor conduct any activities within 150 feet of any water well, unless the well is not functional. E. Mausoleums and Columbaria. Mausoleums and columbaria may be located within the boundaries of approved cemeteries only. Mausoleums and columbaria shall have primarily brick or stone facades. F. No cemetery shall be established on any property that is not a lot of record. G. Access. The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, the site shall have direct access to a thoroughfare by way of an access way not less than 20 feet wide. H. Health Approval and Perpetual Care. 1. All cemetery applicants shall notify the Henry County Health Department of the intent to build a cemetery and shall submit a letter from the county health department identifying the location of the cemetery in relation to any known drinking water wells as part of the application process. The City shall not approve any new cemetery absent Henry County Health Department approval. 2. All cemetery applicants shall provide a perpetual care plan to the Community Development Department. 3.2.9 Centers for Manufacturing, Production, Processing, or Assembly 2. 3.2.10 Centers for Manufacturing, Production, Processing, or Assembly A. Applicability. This section sets forth specific site design standards required in addition to those of the zoning district in which the use is proposed, applicable to the following uses: Formatted: Font: (Default) Calibri 1. Asphalt and concrete batch plants; 2. Central mixing plants for cement, mortar, and/or plaster; and 3. Food processing plants. B. Performance Standards. No such facility shall generate vibrations or electromagnetic interference that are detectable on any adjacent properties that are not associated with the subject land use. The operation shall minimize disturbances and adverse impacts on surrounding properties using the best available technology. Applications shall demonstrate the methodology necessary to ensure that the operation of such facilities complies with all applicable federal, state, and local laws. C. Additional development standards for such uses are provided in the table below. Development Feature Standard Minimum land area 2 acres Formatted Table Minimum building or structure setback from any parcels zoned or used residentially 100 feet Minimum buffer width 40 feet Loading docks Screened from view of adjacent properties and the public right-of-way Outdoor storage Screened from view from adjacent properties and the public right-of-way. Setback a minimum of 200 feet from any parcels zoned or used residentially. Refuse and solid waste containers Enclosed, except for an access gate, and screened from view from adjacent properties and the public right-of-way 3.2.110 Commercial Greenhouses and Plant Nurseries A. Commercial greenhouses and plant nurseries shall comply with the site design standards provided in the table below. Development Feature Standard Minimum land area 1.25 acres Outdoor storage and loading areas Setback from residential properties a minimum of 75 feet. Fully screened, by opaque fence or solid wall, from any view from adjacent properties and the public rightof-way. Storage of loose materials, such as topsoil, compost, mulch, gravel, and similar materials Fully enclosed by a solid fence or solid wall. Stockpiles of loose materials shall be limited in height to the height of the fence or wall that screens them, up to a maximum height of eight (8) feet. Minimum buffer width 25 feet 3.2.121 Cottage Court ClusterHome Village Development A. A cottage court cluster development consists of a grouping of no fewer than four (4) and no more than 16 small attached or detached dwelling units oriented around a shared common open space and developed under a unified site design. A. Applicability. Review, and Site Plan Requirements. 1. A Cottage Home Village Development shall be permitted only in the zoning districts identified in Table 3.1, B, Land Uses and shall comply with this Section, all applicable provisions of the UDC, and all applicable local, state, and federal laws. 2. Prior to issuance of any land disturbance permit, building permit, final plat approval, or certificate of occupancy, as applicable, the applicant shall obtain approval of a concept plan, site plan, preliminary plat, final plat, or other development approval required by the UDC. 3. The required site plan shall show, at a minimum, dwelling unit locations, setbacks, building separation, common open space, sidewalks and pedestrian connections, parking areas, refuse areas, utility layout, stormwater facilities, fire access, hydrant locations, landscaping, buffers, lighting, phasing, and proposed ownership and maintenance documents. 4. No Cottage Home shall be occupied until all required permits, inspections, utility connections, access improvements, and certificates of occupancy have been issued in accordance with applicable law. Formatted Table B. Density and Development Standards. 1. All cottage home village developments shall satisfy the following site design requirements. Standard Cottage Home Floor Area Not less than 1,000 square feet and not more than 1,250 square feet, excluding attached porches, garages, and accessory structures. Building Code Treatment Shall comply with the Georgia State Minimum Standard Residential Code as a conventional detached dwelling. Minimum Porch Area At least 60 square feet. Common Open Space At least 400 square feet per Cottage Home. Parking At least two (2) off-street parking spaces per Cottage Home, unless otherwise approved pursuant to the UDC. C. Size. The development shall have a minimum site area of three (3) acres. D. Maximum Density. The maximum residential density shall not exceed fifteen (15) dwelling units per gross acre. E. Development Size. Cottage Home Village Developments shall consist of a minimum of six (6) dwelling units. The maximum number of dwelling units shall be determined by the permitted density and compliance with all applicable provisions of this UDC. F. Building Size Categories. For purposes of this Section, a Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. G. Open Space. A minimum of 30% of the tract shall be dedicated to common open space. 1. A minimum of 400 hundred square feet of common open space shall be provided for each Cottage Home. 2. Required common open space shall be usable, improved, and designed as a central organizing feature of the development. Required common open space shall not include private yards, parking areas, vehicular areas, drive aisles, required buffers, required setbacks, refuse areas, or utility areas. Stormwater facilities, wetlands, floodplains, steep slopes, and similar constrained areas shall not count toward required common open space unless improved as a functional amenity and expressly approved by the City. 3. At least fifty percent (50%) of the Cottage Homes shall be oriented toward the common open space, with the primary entrance or covered front porch facing the common open space. Formatted Table 4. Every Cottage Home shall be located within 100 hundred feet walking distance of the common open space. 5. The common open space shall be designed so that Cottage Homes abut at least two (2) sides of the common open space. 6. Common open space shall be maintained in a safe and attractive condition and shall remain available for the common use and enjoyment of the residents of the development. H. Access, Emergency Services, and Private Drives. 1. All public streets, private streets, alleys, internal access drives, sidewalks, and pedestrian facilities shall be designed and constructed in accordance with applicable City standards, fire code requirements, and the approved site plan. 2. The development shall provide adequate emergency vehicle access, fire apparatus access roads, turnarounds, address visibility, hydrant locations, fire flow, and building separation as required by the Fire Marshal and applicable fire codes. 3. Private streets and internal access drives shall be subject to recorded maintenance obligations acceptable to the City prior to final plat approval or issuance of the first certificate of occupancy, whichever occurs first. I. Landscaping. 1. Street trees, in accordance with Section 13.8.4, Street Trees, shall be planted along all public and private streets. 2. Shade trees shall be provided throughout the Village Center. 3. Parking courts shall include landscape islands. 4. Existing mature trees should be preserved where practicable. 5. Native and drought-tolerant landscaping is encouraged. 6. Buffers Adjacent to Residential Communities. Where a Cottage Home Village Development abuts an existing residential subdivision, single-family residential district, or other established residential community, a minimum twenty-five (25) foot landscaped buffer shall be provided along the shared property line. The buffer shall include an evergreen vegetative screen, supplemented as necessary with berms, decorative fencing, or walls, to provide year-round visual screening and compatibility with adjacent communities. Existing mature trees and natural vegetation within the buffer area shall be preserved to the greatest extent practicable and may count toward the required buffer when approved by the Director. 7. Buffer Maintenance. Required buffers shall be maintained in a healthy, orderly, and attractive condition by the homeowners' association, property owners' association, condominium association, or other entity responsible for common area maintenance. Dead or diseased plant material shall be replaced within the next appropriate planting season, and no buildings, parking areas, drive aisles, stormwater facilities, refuse areas, or similar improvements shall be located within the required buffer except for approved pedestrian connections, utilities, fencing, walls, or landscaping improvements. J. Parking Design. 1. A minimum of two (2) off-street parking spaces shall be provided for each Cottage Home, unless a different parking requirement, reduction, or shared parking arrangement is approved pursuant to the UDC. 2. All required off-street parking shall be located on the site of Cottage Home Village Development. 3. Parking may be provided within a garage, carport, parking court, parking structure, or as a surface parking area. 4. Surface parking areas shall be screened from public streets by one (1) or more of the following: a. Building facades; b. Garage doors; c. Decorative fencing in combination with landscaping; or d. Undisturbed landscaped buffers as approved by the Director. 5. Parking shall not be located within any required front yard. 6. Parking may be located between a principal structure and the rear property line or between a principal structure and an interior side property line, provided such side property line is not adjacent to a public street. 7. Large, uninterrupted surface parking areas are prohibited. Parking shall be arranged in small parking courts or other configurations that complement the pedestrian-oriented design of the development. K. Setbacks. 1. Where a Cottage Home fronts a public street, the minimum front setback shall be fifteen (15) feet. Covered front porches may encroach into the required front setback by not more than seven (7) feet. 2. Where a Cottage Home fronts a private street or internal access drive, the minimum front setback shall be ten (10) feet. Covered front porches may encroach into the required front setback by not more than five (5) feet. 3. A minimum separation of ten (10) feet shall be maintained between all principal structures. L. Lot Design. 1. Lot dimensions within a Cottage Home Village Development may be reduced below the minimum lot area, width, and depth otherwise required by the underlying zoning district, provided the development complies with all applicable requirements of this Section and the UDC. 2. A Cottage Home Village Development may be developed on individual fee-simple lots, condominium units, rental lots, or a single commonly owned parcel, provided that access, utilities, common open space, maintenance responsibilities, and legal ownership arrangements are shown on the approved plans and recorded documents. M. Utilities. 1. All Cottage Homes shall be served by public water and sanitary sewer. 2. Utilities shall be installed underground where feasible. 3. Individual utility meters shall be provided for each dwelling unless otherwise approved. N. Prohibited Uses. 1. The following shall not be permitted within a Cottage Home Village Development: a. Recreational vehicles used as dwelling units. b. Tiny Houses on Wheels. c. Park model recreational vehicles. d. Manufactured homes. e. Mobile homes. f. Shipping containers used as dwelling units. g. Temporary structures intended for permanent residential occupancy. h. Hotel, motel, campground, recreational vehicle park, transient lodging, or short-term rental use, unless such use is expressly authorized by a separate provision of the Code and approved by the City. O. Accessory Structures, Storage, Phasing, and Certificates of Occupancy. 1. Accessory structures, detached storage buildings, bicycle storage, mail kiosks, carports, garages, community buildings, and similar improvements shall be shown on the approved site plan and shall comply with all applicable accessory structure, setback, building code, and design requirements. 2. Outdoor storage shall be prohibited except within approved enclosed structures or screened areas shown on the approved site plan. Storage of inoperable vehicles, construction materials, appliances, furniture, trash, or similar materials outside an enclosed structure is prohibited. 3. If a Cottage Home Village Development is constructed in phases, each phase shall provide proportional common open space, parking, sidewalks, utilities, stormwater facilities, fire access, landscaping, buffers, and amenities necessary to serve that phase, as determined by the City. 4. No certificate of occupancy shall be issued for any Cottage Home within a phase until required access, utilities, parking, sidewalks, fire protection, landscaping, buffers, common open space, and related common improvements serving that phase have been completed or guaranteed in a form acceptable to the City. P. Additional Development Standards. 1. All required common open space, recreational amenities, private streets, sidewalks, and other common improvements shall be owned and maintained by a homeowners' association, property owners' association, condominium association, or other entity approved by the City. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, and maintenance of such common facilities. 2. Each Cottage Home shall be equipped with, or designed to accommodate, clothes washer and dryer facilities through either: a. Individual washer and dryer connections within each dwelling unit; or b. A centralized laundry facility available for the exclusive use of residents within the Cottage Home Village Development. 3. The use of permeable pavement, pervious parking areas, rain gardens, bioswales, and other low-impact development (LID) practices is encouraged to reduce stormwater runoff. All Cottage Home Village Developments shall comply with the applicable stormwater management requirements of the UDC and all other applicable local, state, and federal regulations. Q. Design Standards. 1. Building Orientation. Cottage Homes shall be oriented toward a public street, private street, or common open space. Primary entrances shall not face parking areas unless no reasonable alternative exists due to site constraints. 2. Covered Front Porch. Each Cottage Home shall include a covered front porch with a minimum area of sixty (60) square feet. Covered front porches may encroach into required front setbacks as provided in this Section. 3. Exterior Building Materials. Exterior building materials shall consist of brick, natural stone, manufactured stone, fiber-cement siding, wood, engineered wood siding, or comparable residential-quality materials approved by the Director. Reflective metal siding exposed unfinished concrete masonry units, and corrugated metal panels shall be prohibited as primary exterior wall materials. 4. Roof Design. Roofs shall have a minimum pitch of 6:12 unless an alternative architectural design is approved by the Director. Flat roofs shall be prohibited except for architectural elements such as porches or accessory structures. 5. Building Entrances. The primary entrance of each Cottage Home shall be clearly defined through the use of porches, stoops, recessed entries, columns, or other architectural features. 6. Mechanical Equipment. Ground-mounted mechanical equipment, HVAC units, utility meters, and similar service equipment shall be screened from public view through landscaping, fencing, or architectural screening materials compatible with the principal structure. 7. Refuse Collection. Community refuse collection areas shall be enclosed on three (3) sides by masonry walls, decorative fencing, or comparable screening materials with an opaque gate. 8. Lighting. Exterior lighting shall be pedestrian-scaled and designed to minimize glare onto adjacent properties and public rights-of-way. 9. Architectural Variety. Building elevations, rooflines, colors, materials, and façade treatments shall incorporate variation throughout the development to avoid repetitive building designs. Adjacent Cottage Homes shall vary in at least three (3) of the following features: roof form or pitch, porch design, exterior wall material, trim details, window pattern, façade articulation, color palette, or front entry treatment. 10. Front Elevations. The front façade of each tiny home dwelling unit shall be composed of a minimum of 75% percent brick and/or stone, excluding windows, doors, and other architectural openings. The remaining portion of the façade may consist of complementary materials such as stucco, shake, or cementitious fiber cement siding. 11. Water Table Requirement. All side and rear elevations of cottage home dwelling units shall include a continuous masonry water table with a minimum height of four (4) feet measured from finished grade. The water table shall consist of brick or stone materials that are compatible with the primary materials used on the front façade and shall extend the full length of each side and rear elevation, except where interrupted by doors or other approved architectural features. 12. Prohibited Materials. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all cottage home dwelling units, including gables and eaves, unless otherwise expressly permitted by this UDC. R. Ownership and Maintenance. 1. Common open space and common facilities shall be required for all Cottage Home Village Developments. 2. Common open space and common facilities shall be owned and maintained by a homeowners' association, condominium association, property owners' association, or other legal entity approved by the City. 3. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, maintenance, and repair of all common open space, private streets, sidewalks, recreational amenities, stormwater facilities, utilities, and other commonly owned improvements. 4. The City may require performance guarantees, maintenance agreements, or other assurances authorized by law to ensure completion and long-term maintenance of required common improvements. B. Open Space. 1. A centralized common area shall be required for each development. 2. The common open space shall contain a minimum area of 400 square feet per dwelling unit. 3. The common open space shall include at least two of the following features: a. Open lawns or fields; b. Plaza; c. Community garden; d. Community building or clubhouse; e. Playground; or f. Community gathering areas (e.g. fire pit, seating areas). Common areas are to be maintained through the establishment of homeowners’ association or comparable maintenance entity. Before approval is granted, the developer shall submit covenants, deeds, and homeowners’ bylaws and other documents guaranteeing maintenance and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. 4. C. Parking Design. Surface parking areas shall be located to the side or rear of cottage court developments. 1. 2. Parking shall not be located between dwelling units and the common open space. 3. Large uninterrupted parking lots shall be prohibited. Pedestrian Access. Sidewalks and pedestrian paths a minimum of five (5) feet in width shall connect all units to parking areas, public sidewalks, mail facilities, and common open space. D. Utilities. All dwelling units shall be connected to public water and sanitary sewer systems unless otherwise approved by the City and applicable health authorities. E. F. Setbacks. A front setback of not less than 50 feet in depth shall be provided between any house and an adjacent access roadway. 1. All homes shall maintain a minimum separation of 10 feet from other homes within the development. 2. Buffer. A buffer not less than 20 feet in depth shall be provided between any house and an adjacent residential zoned or used property. G. H. Lot Design. 1. Each lot per dwelling unit shall contain a minimum of 900 square feet per dwelling unit. 2. The minimum width per lot shall be 18 feet. 3. The minimum depth per lot shall be 50 feet. I. Building Design. 1. Dwelling units shall front onto the common open space whenever feasible. Primary entrances shall be connected by pedestrian walkways a minimum of five (5) feet in width. 2. Exterior Materials. Exterior building materials shall consist of durable residentialquality materials including brick, stone, fiber cement siding, wood, or comparable materials. Reflective metal siding and exposed unfinished concrete block shall be prohibited as primary façade materials. 3. 4. Height. Dwelling units shall not exceed 35 feet in height. Elements. Houses and accessories/community buildings shall incorporate three of the following design features to provide visual relief: 5. a. Dormers; b. Gables; c. Pillars; d. Posts; e. Covered front porches; f. Recessed entries; or g. Cupola. 3.2.132 Data Centers A. Data Centers shall comply with the site design standards provided in the table below Development Feature Standard Minimum land area 20 acres Open Space 30 percent Formatted Table Minimum setbacks for all primary operational facilities and infrastructure, including data center buildings, electrical substations, emergency generators, and mechanical systems: Formatted: Font: Bold From any public right-of-way 200 feet Formatted Table Adjacent to a nonresidential use or district 100 feet From any residential structure 1,320 feet B. Accessory structures that do not generate noise or emissions may be allowed in a setback subject to City approval. No such structure may be located within a required buffer. C. Layout. The layout and orientation of buildings and associated equipment must minimize visual impacts on surrounding properties. D. Principal building facades are subject to approval by the City and shall comply with the applicable design standards set forth in this UDC. E. Mechanical Equipment Screening. All exterior mechanical, electrical, and operational equipment associated with a data center, including but not limited to generators, cooling systems, substations, and rooftop equipment must be fully screened on all sides by an acoustical barrier designed to reduce noise impacts on adjacent properties. The design, materials, height, and effectiveness of acoustical barriers are subject to approval by the City. F. Lighting design must incorporate dark sky principles, fully shielded fixtures, and measures to prevent glare or light spillage onto adjacent properties. This includes all site lighting, including security lighting, building mounted lighting, and any perimeter illumination. G. The following environmental performance standards must be met: 1. The maximum noise output at any property line adjacent to a residential district or use is 55 dBA between the hours of 7:00am to 8:00pm. At all other times the maximum noise output is 45 dBA. a. Testing of generators or other equipment is only allowed during the hours of 10:00am to 5:00pm, Monday through Friday. Testing is not allowed on any holiday recognized by the City of Stockbridge. 2. Open evaporative cooling systems are prohibited. 3. Refrigerants for system cooling must meet minimum Global Warming Potential (GWP) requirements. Monitoring for refrigerant leakage and remediating impacts of leakage during operations is required. 4. Building materials with low embodied carbon must be utilized. 5. Stormwater management shall comply with all applicable City standards and incorporate best available and feasible practices, including green infrastructure and low impact development techniques, where practicable, to ensure postdevelopment runoff meets or exceeds predevelopment conditions and minimizes downstream impacts. H. Open Space Required. All data centers must preserve at least 30% of the gross lot area as natural, undisturbed open space. Buffers, stormwater features, and passive recreation areas may be utilized to satisfy this requirement upon approval by the County. I. When a greenway trail has been planned by the City or County, it must be constructed on the site. J. Prior to the issuance of a land disturbance permit, a Development Agreement must be executed between the developer and the City. The agreement must, at a minimum, address the following: 1. Compliance with the maximum noise limits set forth in this section and the most current City of Stockbridge Noise Ordinance, including during normal operations and testing activities. On-site noise monitoring equipment must be installed and maintained as a part of the agreement. 2. Power and energy efficiency reporting (PUE, ERE, WUE). 3. The establishment of performance metrics to limit potable water consumption through the use of a closed loop or similar system designed to minimize consumption and eliminate continuous discharge or evaporative loss. 4. Ongoing metering of energy and water usage and transparency of grid impact during operations. 5. Decommissioning, change of use, and site restoration. 6. Financial assurances such as performance bonds, security bonds, decommissioning bonds, or escrow accounts sufficient to ensure site restoration, infrastructure removal, environmental remediation, and long-term compliance with approved operational standards. 7. Ongoing assessment of facility impact on surrounding air and water quality during operations, including transparency of results and effective remediation of negative impacts if identified. 8. Emergency coordination with Fire, Public Safety, and utility providers. 9. Environmental Impact Summary and Operations Management Plan, including a third-party environmental impact study evaluating air, water, noise, and operational impacts. 10. Documentation of coordination with electric and water utility providers, including evaluation of infrastructure capacity, required upgrades, and cost allocation measures, demonstrating that project-related system improvements and service demands are borne by the applicant and not shifted to existing customers, with mitigation strategies incorporated into the Development Agreement. 11. Emergency generator testing and operational protocols, including testing schedules, duration, and noise mitigation measures, to ensure minimal impact on surrounding properties. 12. Contribute to development of inclusive, accessible, and mixed-use community surrounding the project via community benefits packaging infrastructure upgrades and reinvestment strategies. 13.12. The use, storage, and management of batteries, fuels, backup power systems, or any hazardous materials associated with facility operations, including compliance with all Fire Marshal, EMA, and applicable life safety requirements. 14.13. How the project will contribute to the development of an inclusive, accessible, and mixed-use community surrounding the project via community benefits packaging infrastructure upgrades and reinvestment strategies. K. Relief from the standards of this Section may only be granted by the Mayor and City Council. 3.2.143 Drone Delivery Service A. Certifications and Requirements. The Federal Aviation Administration (FAA) has exclusive jurisdiction over aviation safety and the efficient use of the national airspace, including the operation, flight paths, and altitude of unmanned aircraft systems (UAS), commonly referred to as drones. The city seeks to clarify the jurisdictional boundaries between federal and local authority regarding the operation of unmanned aircraft systems (UAS), specifically those used for commercial delivery services, and to ensure local regulations are consistent with federal law 1. All drone delivery services operating within the City of Stockbridge must comply with FAA regulations, including, but not limited to: a. Part 107 of Title 14 of the UDC of Federal Regulations (CFR) governing commercial drone operations. b. Remote identification requirements under Part 89. c. Registration and marking requirements under Part 48. d. Operational limitations such as maximum altitude, line-of-sight requirements, and restrictions on flying over people or moving vehicles. e. All pilots must obtain and retain a remote pilot certification from the Federal Aviation Agency as required under 14 CFR part 61. 2. Drone delivery service is allowable by special administrative permit. Commented [EM53]: Is this an existing permit? B. Use Standards for Commercial Drone Delivery Hub. 1. Commercial drone delivery hubs may be permittedare allowed by special administrative use permit in the C-2, C-3, LI, and HI districts when the requirements of this section are met. 2. A The commercial drone delivery hub established as a primary use shall be limited to no more than ten thousand (10,000)10,000 square feet in total floor area. 3. Commercial drone delivery hub may be allowed permitted as an accessory use, by special use permit, for food/grocery store, restaurant/cafeteria, retail store, shopping center, superstore, drug store, or warehouse/distribution center use in any district when the requirements of this section are met. Formatted: Not Highlight Commented [EM54]: Not permitted as standalone on the use table Formatted: Not Highlight a. A commercial drone delivery hub established as an accessory use shall be limited to When a detached accessory building for a commercial drone hub is less than one hundred thousand (100,000) square feet is occupied or intended to be occupied for an accessory commercial drone delivery hub, the floor area is limited to a maximum of ten percent (10%) of the total floor area of the building containing the primary use, or 10,000 square feet, whichever is less. 4. The drone staging area must be designated on an approved site plan. As accessory use, the drone staging area is limited to ten percent (10%) of the total lot area. The drone staging area must not be placed: a. Within any required building setbacks; b. Within any required landscape edge; c. Within fire lanes, easements, maneuvering aisles, customer pick-up lanes, or required loading zones and parking spaces; or d. So as to obstruct visibility or interfere with pedestrian or vehicle circulation. 5. A drone staging area located inside of or on the roof of the building containing the primary use is not subject to this limitation. When a drone staging area is located on top of a building: a. Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements; and b. Any additional structure, parapet wall, screening, safety railing, or other appurtenance associated with the commercial drone delivery hub is subject to the maximum height requirement of the district, except a single mast up to ten (10) feet in height for a windsock may exceed the maximum height requirement; and. c. When located at grade, any goods, materials, containers, trailers, or other equipment must be screened. Landing pads are exempt from this screening requirement. d. Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements. C. Noise Restrictions. The drone staging area for a commercial drone delivery hub shall not be located within three hundred (300)300 feet of any property upon which a school, dwelling, retirement and supportive housing facility, or public park is located. 1. The drone staging area for a commercial drone delivery hub shall not be located within three hundred (300) feet of any property upon which a school, dwelling, retirement and supportive housing facility, or public park is located. The threehundred-foot buffer requirement may be reduced to one hundred fifty (150) 150 feet shouldif Mayor and Ccity cCouncil finds that issuance of the specific use Commented [EM55]: Do we want to allow this reduction? permit would not be detrimental or injurious to the public health, safety, or general welfare of the neighborhood. 2. The measurement of the required buffer is to be made in a straight horizontal line from the edge of the drone staging area to the closest property line of a property containing a school, dwelling, retirement, and supportive housing facility use, or public park. D. Parking. 1. In addition to the requirements of this Section, parking for drone delivery service uses shall comply with Chapter 5, Parking Requirements. 2. Loading spaces shall be provided for a commercial drone delivery hub. Loading spaces are not required for an accessory commercial drone delivery hub use. E. Security. 1. The commercial drone hub at grade shall be enclosed with a fence consisting of masonry, decorative iron, or chain link that is coated with black vinyl. 2. The commercial drone hub shall deploy utilize a three -hundred -sixty360-degree flock security camera system, with twenty-four-hour monitoring. Such monitoring shall include continuous recording and/or twenty-four-hour active monitoring by personnel or other adequate monitoring service, as approved by Mayor and City Council. F. Operating Hours. Delivery operations shall be limited to the operating hours of the principal retail establishment from which deliveries are initiated. No drone delivery operations shall occur outside of the principal business's regular hours. 3.2.154 Electrical Substations A. All electrical substations shall be fully enclosed on all sides with a solid fence, equipped with a gate, or fully screened with a landscaped buffer that meets the standards listed in the table below and in accordance with Chapter 13, Buffers, Landscaping, and Tree Protection. Development Feature Standard Minimum buffer width 25 feet Minimum tree density One (1) tree for each 25 linear feet of buffer Minimum shrub density One (1) large screening shrub for each eight (8) linear feet, plus continuous hedge consisting of double staggered rows of shrubs 3.2.165 Electric Vehicle Charging Stations A. Electric vehicle charging stations may beare permitted for as an accessory use in all zoning districts. A permit shall be required to install any electric vehicle charging Formatted: Underline Formatted Table stations, except for private charging facilities on parcels containing single-family residences that are intended for the residential occupants and not for profit. B. Electrical vehicle charging stations may collect fees for the use of an electric vehicle charging station made available to residents, employees, and visitors to the property. Formatted: Font: 12 pt B. C. Residential developments which exceed 150 dwelling units shall provide at least one electric vehicle charging station (pedestal) spaces in accordance with Section 5.8.2, D. 3.2.176 Emergency Response and Public Safety Facilities A. All emergency response facilities shall comply with the following requirements. Development Feature Standard Minimum setback from any parcels zoned or used residentially 100 feet Minimum buffer width 20 feet when located adjacent to any parcels zoned or used residentially 3.2.187 Fences and Walls A. General standards for the installation and maintenance of fences and walls shall be satisfied as provided below. 1. In the event of a conflict between the contents of this section and any overlay district within the City, the stricter requirements shall control. 2. No privately-owned fence or wall shall be installed within any public street rightof-way or within any city-owned area. 3. No fence or wall shall block access to utility easements between lots. 4. No fence or wall shall be installed so that it obstructs the sight vision at any street intersection, or if it in any way creates a hazard to traffic. 5. No fence or wall shall be installed as to limit access to a property for emergency purposes. 6. If a fence is designed so that its structural supports are primarily on one side, that side must always be toward the interior of the fenced property. 7. If a fence or wall is required by any governmental authority to provide for the safety and security of the residents of the City, that fence or wall shall not be removed or otherwise left in an unsafe condition for any reason without the approval of the city manager, and without proper precautions being taken to provide for continuous protection. 8. It shall be the responsibility of the owner of the property on which a fence or wall is located to maintain that fence in good and proper repair so that at all Formatted Table Commented [EM56]: Are retaining walls covered somewhere else or by other codes? times it presents a neat and orderly appearance to surrounding property owners and to the general public. 9. Any fence or wall that is damaged by accident or an act of God shall be properly repaired within ninety (90)90 days of the date of damage. Fencing required for public safety purposes shall be repaired within thirty (30)30 days of the date of damage. B. Fence Design Standards. 1. All fences within the City shall be constructed of pressurized wood (including cedar, cypress, or pine), brick, wrought iron, or chain-link. 1. a. In the event the fence is constructed of chain-link, all exposed metal parts must be vinyl-coated or painted. Formatted: Font: 12 pt a. Formatted: Font: 12 pt 1.b. Chain-link fences in residential zoning districts shall not be visible from any abutting right-of-way. 2. No fence or portion of a fence shall exceed six (6) feet in height in a residential district. 2. 1.a. Fences enclosing athletic courts and fields, such as basketball courts Formatted: Font: Calibri and tennis courts, shall not exceed 12 feet in height. This regulation shall control over conflicting fence height standards in this Section. B.3. No fence that is installed in a residential front yard shall be greater than four (4) feet in height. C.4. No fence or portion of a fence shall exceed eight (8) feet in height in any commercial or industrial district except for the containment of swimming pools or athletic courts. D.5. Barbed wire, razor wire, concertina wire, and similar fencing materials and treatments shall be prohibited. E.C. Temporary Fences. The Director may permit the installation of a temporary fence of material which is not otherwise allowed under this section at a construction site, if it is felt that the fence would be necessary to protect the public safety or would be necessary to provide proper security for the site. A temporary fence shall remain in place for no more than one (1) year and must comply with the following conditions: 1. Temporary fences shall not exceed six (6) feet in height if they are located within any setback area; and D. Retaining Wall Design Standards. Formatted: Font: Not Bold 1. No retaining wall shall exceed 4 feet in height within 10 feet of a front property line. 2. Walls visible from an adjoining property shall be tiered so that no single tier is taller than 20 feet. 3. Retaining walls visible from the public right-of-way shall be faced with stone, brick, or textured cement masonry. Formatted: Font: Not Bold F.E. Permit. A fence permit shall be required for all work performed in association with the construction, alteration, or relocation of a fence or wall, except where otherwise specified herein. Fences and walls for which a fence permit is not required: 1. Repairs. Repairs to an existing fence or wall with no structural changes. 2. Replacement. Replacement of an existing fence with a new fence that is the same type and height and in the same location as the existing fence; provided the replacement fence is otherwise in full compliance with this chapter. 3. Gates. The installation of gates of up to eight (8) feet in width in an existing fence or wall with no structural changes. 4. Applications for fence permits shall be made upon forms provided by the Community Development Department. The following information shall be provided with the application: 4. a. A site plan depicting: Formatted: Font: 12 pt a. i. Existing and proposed fences and walls; ii. Existing structures; iii. Easements; and b. Required setback dimensions.Existing and proposed fences and walls; c. Existing structures; d. Easements; and e.Required setback dimensions. iv. Formatted: Font: 12 pt b. Construction details of the proposed fence or wall with all appropriate dimensions shall also be provided. 1.c. Engineered stamped plans for retaining walls over four (4) in height. Formatted: Font: 12 pt 2.d. Written consent of all adjacent property owners, or a certified survey verifying the location of lot boundaries, if a fence or wall is proposed to cross or overlap a property line. 3.e. Other information that the Director may be required to show full compliance with this Chapter. 3.2.1918 Fueling Stations A. The contents of this subsection apply to all properties containing the sale of gasoline, diesel, or other vehicle fuels, except for electricity, as a business function. B. Fueling stations may function as primary land uses with one or more of the following accessory land uses present: retail sales of automotive accessories; sale of food and sundries; convenience store; inspection stations for emissions; or manual/hand car washes. C. No fueling station shall be located less than eight hundred (800)800 feet from any other fueling station. This distance requirement shall be measured in a straight line from property line to property line of another existing fuel service station. D. Fueling stations, whether operated as a primary or accessory land use, shall abide by the following development requirements. Development Feature Standard Formatted Table Minimum Setback: Formatted: Font: Bold Minimum Setback: Separation of all fuel canopies or fuel islands from any parcels zoned 40 feet or used residentially Formatted Table Site access Access drives shall be a minimum of 20 feet from the intersection of street right-of-way lines Minimum buffer width 25 feet when located adjacent to any parcels zoned or used residentially; said buffer shall include a solid wall or solid fence not less than six (6) feet in height E. A fueling station must be located on a property which has frontage on either a collector or an arterial road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation. F. Nothing in this subsection shall be construed as to provide exemption or relief from any requirements of this UDC or any other local, state, or federal regulations. G. All buildings on any property containing a fueling station must have all facades consisting of primarily brick or stone. H. All fueling stations must be accompanied by, or located on a parcel with, a building with a heated floor area of no less than five thousand (5,000)5,000 square feet. This building shall contain at least two (2) suites. 3.2.2019 Funeral Homes, Mortuaries, and Crematoriums A. All funeral homes and mortuaries, with or without crematoriums, shall satisfy applicable assembly use restrictions and provide designated and adequate off-street vehicle queuing space pursuant to the facility capacity: 1. Facility containing less than 100 seats: Minimum one queuing area at least 100 feet in length. 2. Facility containing between 100 and 200 seats: Minimum one queueing area at least 150 feet in length. 3. Facility containing greater than 200 seats: No less than ten (10) linear feet of queueing area for every ten (10) seats, rounded up to the nearest ten linear feet. No queueing area less than 100 feet in length shall count towards satisfying this requirement. In no event shall greater than 500 linear feet of queuing area be required. 3.2.210 Golf Courses and Driving Ranges A. The following land uses shall be considered accessory to a golf course or driving range, provided they are secondary to the principal function of the property as a golf course or driving range: 1. A clubhouse, which may include the sale of sports equipment, golf accessories, and food and beverages. 2. An equipment building for maintenance, minor repairs, and storage B. All golf courses shall be par three (3), executive, private, semi-private, or regulation. C. Site design standards for golf courses and driving ranges are provided in the table below. Development Feature Standard Minimum site area Three (3) acres Minimum building/structure setback from any parcels zoned or used residentially 100 feet Safety netting for driving ranges Required on the entire perimeter of the playing area abutting public streets or any adjacent property; Minimum of 40 feet in height. Outdoor lighting for driving range, tees, greens, and fairways Directed and shielded to avoid illumination of properties used or zoned for residential purposes. Exterior lighting shall be downcast of moderate Formatted Table brightness and shall not cause glare on any abutting property. Outdoor lighting shall be turned off not later than 10:00 p.m. Loudspeakers or paging systems Prohibited Outdoor storage and loading areas Fully screened from view from adjacent properties and from the public right-of-way Golf cart crossings Shall be plainly marked and located for safety of both the cart users and persons using sidewalks or streets that are crossed. 3.2.221 Home Occupations A. Exclusions. The following uses are not considered home occupations and are not subject to the home occupation regulations of this section. Each use is allowed as indicated in the land use table and shall be subject to applicable use regulations outlined in this UDC. 1. Personal Care Homes. 2. Day Care. 3. Bed and Breakfast. 4. Short-Term Rentals. B. Prohibited Home Occupations. The following uses are expressly prohibited as home occupations: 1. Any type of assembly, cleaning, maintenance, or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators); and, 2. Dispatch centers or other businesses where employees come to the site and are dispatched to other locations; and, 3. Vehicle sharing and rental services, including but not limited to the rental, lease, storage, staging, dispatch, pickup, or return of motor vehicles by persons not residing on the property, including peer-to-peer vehicle sharing or similar services; and, 4. Equipment or supply rental businesses; and, 5. Taxi, limo, van, or bus services; and, 6. Tow truck services; and, 7. Moto vehicle sales or rentals, remote; and 8. Firearms sales establishment; and, 9. Eating or drinking places; and, 10. Funeral or interment services; and, 11. Animal care, grooming, or boarding businesses; 12. Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building; and 13. Family day care centers, as defined in this UDC. C. All home occupations shall be subject to the following requirements: 1. Only the residents of the dwelling may be engaged in the home occupation. 2. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the residential character of the building. 3. No display of products shall be visible from the street except agricultural products that are grown on the premises in a RR1 zoning district. Only products that are produced or harvested on the premises may be sold on the premises. 4. No signs shall be allowed for identifying the premises as a home occupation, except in the RR1 district. 5. Use of a dwelling for a home occupation shall not exceed twenty-five percent (25%) of the total heated floor area. 6. No interior or exterior alterations that are inconsistent with the residential use of the building shall be permitted. 7. No outdoor storage of materials to be used in connection with a home occupation is permitted, except in an RR1 district, where outdoor storage is permitted behind the rear plane of the principal building. To the extent that large or hazardous materials are used by a home occupation, the applicant shall be required to store such materials at a site other than the home occupation, consistent with applicable zoning and land use laws. 8. No accessory buildings shall be used in connection with the home occupation except for agricultural functions. 9. Applicants shall not be allowed to have customers visit the home occupation, except as follows: a. The conduct of a home occupation involving rendering of services, such as those listed below, will be allowed subject to the following limitation(s): i. Instruction in music and similar subjects, beauty shops, barber shops, manicurists, and similar occupations shall be limited to two (2) clients at a time, subject to further restrictions for certain types of businesses. Formatted: Font: 12 pt b. Any service provider conducting a home occupation under this section shall not be allowed to market and sell goods or products on the premises of the home occupation. c. Nothing in this section shall preclude the owner of a home occupation from meeting customers at a site other than the home occupation, consistent with applicable zoning and land use laws. 10. Only passenger vehicles, pickup trucks, vans, and trailers that are pulled by such vehicles may be used in connection with the management of a home occupation. trailers shall be stored in a garage or accessory structure when they are not in use, and no vehicle or trailer shall feature commercial advertising or marks identifying a commercial use of said vehicle. 11. All home occupations shall obtain an occupational tax certificate, or business license, from the city. The City Clerk is hereby authorized to accept applications and either grant the same if an applicant demonstrates compliance with the requirements of this section or refer the matter to the Mayor and City Council for action. 12. Agricultural activities that are associated with the raising of crops and farm animals on properties which are over three (3) acres in size shall not be subject to the requirements for home occupations. 13. The city reserves the right to establish sanitation rates for home occupations that are higher than those for residential customers generally. All home occupations shall pay for sanitation services at the higher rate, and in a timely manner, or face the revocation of a previously-issued occupational tax certificate, denial of the rights to engage in a home occupation in the future, or any other civil penalties that are authorized by law. 3.2.232 Hospitals A. Site design standards for hospitals are provided in the table below. Development Feature Minimum site area Minimum setbacks, at side and rear property lines Emergency vehicle access Standard Five (5) acres Formatted Table 50 feet Shall not face residentially zoned properties Formatted: Normal 3.2.243 Keeping or Raising of Livestock A. The keeping or raising of livestock shall not occur on any lot measuring less than three (3) acres. B. The keeping or raising of animals or fowl shall be subject to all regulations of the Henry County Health Department and the Henry County Animal Control Ordinance. 3.2.254 Livestock Processing and Feedlots A. Livestock processing and feedlots shall meet applicable State and Federal standards for confinement feeding operations. B. A planted buffer no less than one hundred (100)100 hundred feet in width is required at all side and rear property lines. 3.2.265 Mines and Quarries A. Where an existing quarry is proposed for extension or expansion beyond the property lines of the quarry area, such extension or expansion shall be considered as a new operation and require a special use permit, subject to the standards that are set forth in this section. B. The area where mining or quarrying operations are conducted shall be fully enclosed with a fence or wall, and they must meet the following requirements: 1. The fence or wall shall be located at least ten (10) feet from the edge of any excavation. 2. The fence or wall shall be designed and installed to ensure safety and security of the site, maintaining a minimum height of eight (8) feet. C. Product piles, spoil piles, or any other accumulation of by-products shall not exceed thirty-five (35) feet in height above the original contour of the site. D. A mining land use plan, conforming to the requirements of Federal and State law, shall be required prior to the approval of any mining or quarrying activity. 3.2.276 Nursing Homes, Assisted Living, and Hospice Care Facilities A. Prior to the establishment of a nursing home, assisted living, or hospice facility, the applicant shall complete the formal application process. Each application shall include an affidavit that the applicant either has applied for or will immediately apply for the corresponding permit or authorization for the operation of the facility from the State of Georgia Department of Community Health in accordance with its rules and regulations and the affidavit shall also certify that the proposed facility will meet and be operated in conformance with all applicable State and Federal laws and regulations and with all UDCs and regulations of the city. B. All application forms and information submitted to the State of Georgia Department of Community Health shall also be provided to the City at the time of application. C. The Director may require clarification or additional information from the applicant that is deemed necessary to determine whether operation will meet applicable laws, regulations and development standards. D. If the Director determines that an application to operate the facility is in compliance with the applicable requirements, they shall approve the application for a permit, but the permit for operation shall not be issued until the applicant has obtained the corresponding permit or authorization for operation of the facility from the State of Georgia Department of Community Health. E. No permit for the operation of the facility shall be transferable. F. No nursing home, assisted living, or hospice facility shall be located within one thousand (1,000)1,000 feet of any other facility of the same type. Distances shall be measured in a straight line from the closest property lines upon which each facility is located. G. All such facilities must provide at least eighty (80)80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of such facilities, whichever is greater. H. The site design standards presented in the table below are required for nursing homes, assisted living, and hospice care facilities. Development Feature Minimum site area Minimum setbacks at side and rear property lines Place of operation Number of children or adults Hours of operation Minimum buffer width Standard One (1) acre Formatted Table 50 feet Freestanding structure, or within a religious facility provided a special use permit has been obtained Two (2) or more to be operational Required to be open for 24 hours (with 24-hour supervision required for all residents) 50-foot planted buffers, when located adjacent to R1, R2, R3, CCR, MFR, and MHR a residential zoning districts Formatted: Normal 3.2.287 Outdoor Storage A. The outdoor storage regulations of this section apply to the storage of goods, materials, and equipment as an accessory use to commercial or industrial use types, as identified on the land use table, when located outside of enclosed buildings, including but not limited to: 1. Materials in boxes, in crates, or on pallets. 2. The storage of vehicles and engine powered devices for greater than 24 continuous hours. 3. Construction, landscaping, and contractor equipment. 4. Fleet vehicles and moving vehicles. 5. Construction and landscaping materials such as lumber, pipe, steel, dirt, mulch, recycled material, or similar items. 6. Garbage, landscape waste, and rubbish. B. On lots in the RR1 district, accessory outdoor storage shall not occur on parcels less than two (2) acres in land area. C. Accessory outdoor storage shall not be located within any minimum required front yard and shall not extend closer to the front property line than the front plane of the principal building located on the subject property. D. Accessory outdoor storage areas shall be fully enclosed at minimum by a fence not less than six (6) feet in height containing opaque material to provide visual screening. Operable fleet vehicles do not require screening. E. Accessory outdoor storage shall not occur within any minimum required landscape strip or zoning buffer. F. The following principal land use types shall be exempt from the provisions of this section, provided they meet other applicable requirements of this Chapter: 1. Bona fide car dealerships that are registered with the State. 2. Junk yards and salvage yards. 3. Truck staging facilities. 4. Truck storage facilities. 3.2.298 Personal Care Homes, Group Homes, and Boarding Homes A. Each personal care home, boarding home, and group home shall be subject to the following requirements: 1. All regulated facilities shall comply with State regulations, building UDCs, and life safety requirements, and acquire applicable State licenses, prior to operation. 2. The exterior appearance of any residential structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residential structure and no signs shall be erected. 3. All facilities must apply for and receive a city business license prior to operation. 4. The following development requirements shall also be satisfied, outlined in the table below. Development Feature Standard Minimum site area Residential—1 acre Non-residential—30,000 square feet Minimum distance from similar facility 1,500 feet Fence requirement In residential districts, properties must have a fenced rear yard Formatted Table Formatted: Normal 3.2.3029 Places of Assembly A. Requirements Applicable to All Places of Assembly. 1. Facilities and structures considered to be places of assembly are provided in the land use table of this chapter. 2. All places of assembly designed to serve more than fifty (50)50 persons at any given time (whether or not the place of assembly is actually occupied by more than fifty (50) persons), shall meet the following requirements: a. Be located on a lot fronting an arterial or collector street; and b. Be located on a tract of land not less than two (2) acres in area and having a street frontage of not less than two hundred (200)200 feet. In the case of parcels of land containing multiple tenants, the total land area shall be prorated among the tenant spaces based on square footage of each tenant space. In such cases, the prorated area for the place of assembly shall be not less than two (2) acres in area. 3. Outdoor amusement facilities, including but not limited to miniature golf, carnivals, and go-kart tracks, may include accessory land uses such as the sale of retail goods, food, and beverages. All retail and food and drink sale activities shall be contained within the facility and shall not be accessible to the general public, absent entrance into the facility. 4. Master Site Plan Required. A master site plan shall be provided to the Community Development Department prior to the issuance of any building or development permit for a place of assembly or its accessory land uses. At minimum, this plan shall identify/indicate the following: a. The principal use and each accessory use that is proposed on the site. b. The hours of operation and the peak times of use (parking demand) for the primary use, as well as for and each accessory use on the site. c. A parking plan to show areas that are designated for overflow parking during times of extraordinary use (such as festival or holiday periods). 5. Nothing in this section shall be deemed to amend or otherwise alter any life safety UDC or any other provision of this UDC unless expressly provided for herein. B. Specific Site Design Requirements. This subsection sets forth specific site design standards required in addition to those of the zoning district in which the use is proposed and those stated above, applicable to the places of assembly uses listed in the table below. Place of Assembly: Outdoor Assembly Operations (to include fairgrounds, outdoor amusements, amphitheaters, civic centers, convention centers, rodeos, and outdoor armories) Development Feature Standard Minimum site area Two (2) acres Formatted Table Minimum setbacks for buildings: Abutting any parcels zoned or used residentially 125 feet Abutting all other parcels 75 feet Minimum setback for outdoor stage or performance area: Abutting any parcels zoned or used residentially 600 feet Abutting all other parcels 200 feet Minimum setback for parking lots and access drives, when abutting any parcels zoned or used residentially: 200 feet Parking lot design Aisles may be paved; spaces may be paved, grass, dirt, or gravel Minimum buffer 50 feet wide buffer as specified in this UDC, plus a wall with noise abatement features Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Outdoor storage and loading areas Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 200 feet from any residentially zoned property Refuse and solid waste containers Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 100 feet from all property lines Sanitation facilities, temporary or permanent Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 200 feet from all property lines Vibration or electromagnetic interference Shall not be detectable on adjacent properties Place of Assembly: Indoor Assembly Operations (to include convention center, civic centers, centers for performing arts, and indoor armories) Development Feature Standard Minimum site area Five (5) acres Formatted Table Minimum setback for buildings: Abutting any parcels zoned or used residentially 100 feet Abutting all other parcels 50 feet Minimum setback for parking lots and access drives, when abutting any parcels zoned or used residentially 100 feet Access management traffic flow Designed to avoid residential and local streets Minimum buffer 25-foot-wide planted buffer Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Outdoor storage and loading areas Fully screened from view from adjacent properties and the public right-of-way Setback a minimum of 100 feet from residentially zoned property Vibration or electromagnetic interference Shall not be detectable on adjacent properties Place of Assembly: Athletic Fields Development Feature Standard Minimum site area Two (2) acres Minimum road frontage 100 feet Minimum buffers (sides and rear) 20-foot-wide planted buffer Building and structure materials Brick, stone, stucco, glass, cement fiberboard or masonry materials compatible with structures in the surrounding area Building setbacks 50 feet from all property lines Formatted Table Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Place of Assembly: Place of Worship (On properties containing places of worship, uses and activities other than worship shall be considered accessory uses and shall be clearly ancillary to the primary use. Such uses and activities shall operate in accordance with all applicable local and state requirements/licensing. Additionally, accessory uses shall be subject to relevant specific use standards outlined in this chapter.) Development Feature Standard Minimum site area Two (2) acres Minimum buffers (sides and rear) 20-foot-wide planted buffer Building setbacks 50 feet from all property lines Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Formatted Table Place of Assembly: Lodges and Event Facilities Development Feature Standard Minimum site area Two (2) acres Minimum lot width 200 feet Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Drop-off and pick-up areas Designed and located away from residential areas and separated from parking areas Formatted Table Formatted: Normal 3.2.310 Relocated Structures A. Except as provided in this section, no application for a relocated structure permit shall be approved, nor shall any structure be moved or occupied prior to meeting all requirements of this section. B. For the purposes of this Section, a relocated dwelling shall be defined as a pre-existing structure which has been moved to another property or to a different location on the same property. Factory-built modular and manufactured homes are exempt from this section. C. All structure relocation proposals shall demonstrate compliance with the regulations of the zoning district they will be moved to prior to commencement of relocation activities. D. All structure relocation proposals shall obtain Henry County Health Department approval prior to commencement of relocation activities. E. No building permit application for a relocated structure shall be approved until a complete inspection of the structure is completed by the City. An application for a relocated structure inspection shall be completed on forms that are provided by the City prior to any request for inspection. The inspection shall determine compliance or the feasibility of the compliance to all existing building UDCs, development UDCs, and ordinances which have been adopted by the City. Depending upon the size, age, condition or design of the structure, additional assessments may be required by a structural engineer to evaluate the suitability of the structure for relocating. The engineering inspection and report fee for the relocated structure shall be paid by the applicant. If the City determines that compliance with existing UDCs is not feasible, the application for the building permit shall be denied. All such denials shall be in writing specifying the reasons therefore and shall be signed by the Director. F. Following relocation of the structure and prior to and for re-inspecting, the owner of the relocated structure shall, at the owner's choice, remove either the interior wall covering on all exterior walls or the exterior wall covering on all exterior walls. If necessary, and at the direction of the Director regarding the interior load-bearing walls, the owner shall remove one (1) side of these interior walls and the city shall then re-inspect the structure to ensure that its structural integrity has not been compromised and that any required improvements remain feasible. G. The inspection fee shall be as set forth in the fee schedule established by the City which shall be paid prior to any inspections. H. To ensure that the structure will meet all current building construction UDCs of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within six (6) months from the date of issuance of the building permit, the owner of the relocated structure shall provide an irrevocable letter of credit or irrevocable bank escrow letter of surety in the amount of ten thousand dollars ($10,000.00) in a form that is approved by the city attorney. Such irrevocable letters of credit or irrevocable bank escrow letters of surety shall be issued from a federally insured banking institution. I. A building permit shall be obtained from the building safety division for a relocated structure prior to locating such structure on a lot. The fee for the permit shall be as set forth in the City of Stockbridge fee schedule. J. All applications for permit shall be accompanied by a sworn affidavit that the applicant is the owner of the relocated structure and the owner of real property on which the structure is to be relocated. K. Certification of Occupancy. A certificate of occupancy shall be issued upon the passing of a final inspection of a structure and shall verify the completion requirements of this section, including compliance with all existing building and life safety UDCs. L. Route approval shall be required as provided below: 1. Prior to the issuance of a permit for a relocated structure, the applicant must first submit and receive approval from the police department and the City of Stockbridge regarding the proposed route. The applicant shall provide the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, description of the proposed route, and proof of sufficient insurance. Such approval and information must be on forms that are furnished by the Director. 2. Prior to moving a pre-existing structure through the City to a location outside of the jurisdictional limits, routes must be approved by the police department and the City of Stockbridge on forms provided by the director. The applicant shall provide the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, map of the proposed route and insurance company. If a police escort is necessary, it must be prearranged with the police department no less than three (3) business days prior to moving a structure through the City of Stockbridge. M. Any firm or individual who is moving structures into or through the City of Stockbridge shall provide a valid copy of the Georgia Department of Transportation oversize/overweight permit for the structures and a certificate of liability insurance, naming the City of Stockbridge as the certificate holder, that meets or exceeds the minimum insurance standards that are required by the Georgia Department of Transportation. N. No application for a building permit shall be approved until a performance bond, an irrevocable letter of credit, or an irrevocable bank escrow letter of surety is first provided as required by this Section. O. The work that is authorized by any permit for a relocated structure must be completed in compliance with all UDCs and ordinances of the City of Stockbridge within six (6) months from the date of issuance of the building permit, unless it is extended as provided herein. In the event that such a structure is not in compliance and/or is not completed within the specified time limit, the building official shall notify the owner in writing, giving specific causes of noncompliance or non-completion. Upon notification, the owner shall have thirty (30)30 calendar days to correct such noncompliance or noncompletion. Failure of the owner to correct causes of noncompliance or noncompletion, and the owner has not received an extension of completion time, shall cause a notice to move or demolish such structure to be issued to the owner Formatted: Font: Bold immediately. Failure to move or demolish such structure within ten (10) calendar days of such notice being given shall be deemed a violation of this section and shall be punishable in the municipal court of the City of Stockbridge and the director shall authorize the surety or bank issuing the irrevocable letter of credit or escrow letter of surety to release all funds to the City. P. The Director may issue a ninety90 -day extension of completion time for cause beyond the original six-month compliance/completion period upon the receipt of a written request by the owner stating the reason for the extension and payment of applicable fees. A second ninety-day extension may be issued following the first ninety-day extension upon written request by the owner stating the reason for the second request. Approval or denial of an extension shall be in writing and authorized by the Building Official. Permission for a greater extension of time may only be granted through a formal decision by The Mayor and City Council following completion of an application for an extension. An extension of the irrevocable letter of credit, or irrevocable bank escrow letter of surety, may be required if sufficient time does not remain on the performance irrevocable letter of credit or irrevocable bank escrow letter of surety to ensure that the structure will meet all current building construction UDCs of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within the specified time. Fees for each extension shall be as set forth by the City. 3.2.321 Roadside Produce Stands A. Roadside produce stands shall only sell vegetables, fruit, produce, eggs, jams, jellies, and other agricultural products that are produced on the premises. Live poultry and livestock shall not be sold. B. Roadside produce stands shall meet the requirements provided below. Development Feature Standard Maximum area 500 square feet of total produce stand floor area per property Produce stand setback requirements 10 feet from rights-of-way; Minimum zoning district building setbacks shall be satisfied along all other property boundaries Parking Parking shall be provided out of the right-of-way; Parking areas shall be paved, gravel, or be of another dustfree surface Outdoor storage Fully screened from visibility from the right-of-way Exterior lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property 3.2.332 Salvage Yards and/or Junkyards A. Sanitary landfills shall not be permitted as part of a salvage yard or junkyard use. B. The site design standards for salvage yards and junkyards are set forth in the table below. Development Feature Standard Minimum site area Two (2) acres Minimum setback from any abutting parcels zoned or used residentially 200 feet Minimum setback from all other abutting parcels 100 feet Screening required Opaque wall or fence not less than 6 feet in height Storage of salvaged or junk materials Shall not exceed the height of the fence or wall Planted buffers 40 feet wide along all property lines Formatted Table Formatted: Normal 3.2.343 Schools, Academic, Public or Private A. Schools shall satisfy the site design standards presented in the table below. Development Feature Standard Minimum site area Three (3) acres Minimum lot width 200 feet Minimum planted buffers 20 feet wide or zoning district standards, whichever is greater Outdoor recreation areas Setback a minimum of 75 feet from any abutting parcels zoned or used residentially; Fully enclosed by a solid decorative fence, a minimum of four (4) feet in height. Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Drop-off and pick-up areas Designed and located away from residential areas and separated from parking areas Formatted: Normal 3.2.354 Self-Service Storage Facilities A. Self-service storage facilities are intended for the passive keeping of personal goods and items. No tenant, renter, lessee, or guest may conduct any of the following activities on facility grounds: 1. Retail sales. 2. Manufacturing, fabrication, processing, and similar industrial activities. 3. Repair services. 4. Professional, vocational, academic, musical, or arts instruction or training. 5. Establishment of an office or administrative facility. 6. Storage of flammable liquids, highly combustible or explosive materials, or hazardous wastes or chemicals. B. All self-service storage facilities shall satisfy the following site design requirements. Development Feature Standard Minimum site area 2.5 acres Minimum lot width 100 feet Formatted Table Minimum setbacks for buildings and outdoor storage areas: Front yard 75 feet Side yard 25 feet Rear yard 25 feet Formatted Table Planted buffer requirements: Abutting any parcels zoned or used residentially 40 feet Abutting any parcels zoned or used commercially 30 feet Abutting any parcels zoned or used industrially 10 feet Abutting all other parcels 15 feet Abutting an Interstate highway 75 feet Dumpsters and trash containers Fully screened from view from residentially zoned properties and public right-of-way Outdoor lighting where adjacent to residentially zoned districts Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property; Maximum height of 15 feet Formatted Table Loudspeakers and paging equipment Prohibited C. Security Personnel Residence. One (1) security personnel residence may be established at the facility, pursuant to the following regulations: 1. The residence shall only be occupied by employees of the facility during their assigned times of duty. 2. The residence shall not be a full-time residence. 3. The residence shall be site-built and have an exterior construction of brick, stone stucco, fiber cement, or materials that match that of the surrounding facility. D. All buildings and structures at self-service storage facility shall satisfy the following design standards: Development Feature Standard Building separation (two or more buildings on the site) 12 feet Overhead access doors Shall not be visible from residentially zoned property, commercially zoned property, or the public right-of-way Storage bays: Minimum size Four (4) feet by four (4) feet (16 square feet) Maximum size 20 feet by 80 feet (1,600 square feet) Maximum building height, including all roof-mounted air conditioning and other equipment 35 feet Exterior facade Fully consistent with color, materials, and design of buildings in the surrounding area. Metal exterior walls are prohibited. Roof design Type of roof, roof line, and roofing materials shall be fully consistent with buildings in the surrounding area E. Self-service storage is permitted outside of enclosed building pursuant to the following requirements: 1. No vehicles, trailers, or shipping containers shall be stored except for boats on trailers and recreational vehicles. 2. No greater than 15% percent (15%) of the site area shall be utilized for outdoor self-storage. 3. Such areas shall be enclosed by fences or walls that maintain heights no less than six (6) feet. a. Access points shall be gated and either be physically staffed or equipped with a functional keyless entry system. b. The fence or wall shall consist of brick, stone, masonry, wood, chain link, or a similar decorative material. c. If the facility at-large is fenced or walled to these requirements, no additional fences or walls shall be required. F. The interior of a self-service storage facility shall be designed to allow for the circulation of users and their vehicles pursuant to the following requirements. 1. The minimum traffic lane width shall be twenty-five (25)25 feet. 2. There shall be no drive-aisles or parking areas located in any required buffer area or within the designated rights-of-way. G. A landscape strip no less than ten (10) feet in depth shall be established along all abutting rights-of-way and private streets. 1. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch. 2. At least one (1) tree for every twenty (2020) linear feet shall be placed. No tree shall be planted less than ten (10) feet from another. All trees shall measure at least six (6) feet in height at the time of planting. 3. At least one (1) shrub for every five (5) linear feet shall be placed. All shrubs shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. 4. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. H. No less than fifteen percent (15%)15% of the self-service storage facility land area shall be occupied by the sum of the following features: 1. Planted buffers. 2. Landscape strips. 3. Undisturbed tree stands. 4. Other planted areas containing a mix of trees and shrubs. 3.2.365 Senior Adult Housing A. Senior adult housing must be designated age-restricted adult housing and shall satisfy the following requirements. 1. Housing units located in RR1, NR2, and SR3 zoning districts shall be single-family detached dwellings. 2. Housing units located in all other zoning districts shall be single-family attached, duplex, triplex, quadplex, or multi-family dwellings. 3. The development shall include a minimum of twenty (20 20) dwelling units. 4. No less than thirty-five percent (35%)35% of the gross site area shall be open space. The open space shall provide the following open space amenities pursuant to the number of dwelling units proposed. a. Developments containing fewer than 50 units shall provide paved pedestrian paths totaling not less than 800 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least two (2) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. b. Developments containing 50 to 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,200 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least three (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 5,000 square feet. c. Developments containing greater than 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,500 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least threewo (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 7,500 square feet. B. At least one (1) on-site community building or clubhouse shall be provided pursuant to the number of dwelling units proposed.: 1. Less than 50 dwelling units: Minimum community building or clubhouse space heated floor area of 1,000 square feet. Formatted: Font: Bold 2. 50 to 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet. Formatted: Font: Bold 3. Greater than 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet, in addition to ten (10) square feet of heated floor area per additional dwelling unit beyond 120. Formatted: Font: Bold C. Within phased senior adult housing development, open space and resident amenity requirements shall be satisfied within each phase of development. The developer shall provide a development phase master plan prior to the approval of any land disturbance permit. D. Prior to land disturbance permit approval, the developer shall establish how the age restrictions will be implemented and maintained over time. If the development is anything other than a rental community under single ownership, a common entity such as a condominium association, a homeowners' association, or a property management company shall be established to maintain and enforce the age restrictions in addition to the City of Stockbridge enforcement of zoning regulations. E. The following minimum dwelling unit floor area requirements shall be satisfied. 1. No dwelling unit shall have a heated floor area less than one thousand (1,000)1,000 square feet. 2. No less thanAt least seventy-five percent (75%)75% of all dwelling units shall have a heated floor area greaterless than 1,200 square feet. F. All open space, common areas, and related improvements shall be fully accessible and shall be managed and maintained by the owner of the development or a common entity such as a condominium association, or a homeowner's association. G. Senior adult housing developments shall be designed for residents with physical disabilities and limitations. The minimum accessibility standards shall be satisfied 1. "No-step" (maximum vertical floor level change of one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch) access to the front door entrance to all dwelling units and community buildings is required. If a no-step front entrance is not feasible, an alternate nostep walkway to the front floor may be approved. 2. A door not less than three (3) feet wide front door with exterior lighting at the entrance is required. Exterior doors shall be provided with an artificial light source located in the immediate vicinity of the exterior door. The illumination of the exterior light shall be controlled from inside the dwelling, except for lights that are continuously illuminated or automatically controlled. 3. All interior doorways must have a minimum of thirty-two32 -inch clear width in the open position, —typically a thirty-six36 -inch door. 4. A thirty-six-36 inch fully accessible route must connect throughout the floor which is served by the front door of the dwelling unit. The maximum vertical floor level change is one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch. 5. A complete living area, including, but not limited to, kitchen, master bedroom, and bathroom, shall be located on the floor served by the front door of the dwelling unit. 6. Lever handles are required on all interior and exterior doors. 7. Clear floor space of thirty (30)30 inches by forty-eight (48)48 inches shall be provided and centered on each appliance and fixture in the kitchen. Floor space can overlap. 8. Walls shall be reinforced (blocked) to allow for the later installation of grab bars around the toilet, tub, and shower stall; and of wall-hung bench shower seat. 9. Maneuvering space shall be provided within the bathroom to permit a person using a mobility aid to enter the room, close the door, and reopen the door with a clear floor space of thirty (3030) inches by forty-eight (4848) inches. Clear floor space of thirty (30)30 inches by forty-eight (48)48 inches shall be provided and centered on each fixture in the bathroom. Floor space may overlap. 10. Wall-mounted electrical outlets, light switches, and environmental controls shall be mounted for a reaching range of a minimum of fifteen (15)15 inches to a maximum of forty-eight (4848) inches above the floor. Such wall-mounted devices shall be of a contrasting color with the wall. 11. Accessible sidewalks shall be provided between parking areas and pedestrian entrances to dwelling units and all other buildings and structures in the development that may be accessed by residents. These routes shall be a minimum of five (5) feet wide, allowing mobility-enhancing devices to meet and pass safely. 3.2.376 Small Box Discount Stores A. So that small box discount stores shall not be highly concentrated, no such store may be established on a parcel within two (2) miles of any other parcel containing a small box discount store, measured as a straight line separating the nearest point of each lot. 1. This proximity requirement shall be reduced to one (1) mile if the most proximate small box 1. discount store or stores are located outside the jurisdictional limits of the City of Stockbridge. 3.2.387 Solar Energy Systems A. Any Solar Energy System (SES) that, prior to the effective date of the ordinance from which this section is derived; is in operation, is being lawfully sited, constructed, or installed; or has caused the incurrence of substantial liabilities relating to siting, construction, or installation; shall be exempt from complying with these supplemental regulations unless the surface area of an integrated SES or rooftop SES or the footprint of a ground mounted SES is increased by more than ten percent (10%)10% after the effective date of the ordinance from which this section is derived. B. The following requirements apply to all Solar Energy System (SES) facilities: 1. The maximum height of a ground mounted SES facility or parking lot solar canopy shall not exceed the maximum building height for accessory buildings and structures of the designated zoning district, or 20 feet, whichever is less. 2. Ground mounted structures and components of the ground mounted SES, including transformers and foundations, shall be considered impervious. However, for purposes of compliance with the UDC’s impervious surface coverage requirements, the panels of a ground mounted SES shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil. 3. Lighting fixtures at SES facilities shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. Lighting levels shall not exceed 0.5 footcandles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 4. A rooftop mounted SES shall not be located on the front slope of a pitched roof of the principal structure. The City may require sun and shadow diagrams specific to the installation to approve alternative placement. 5. Buffers and Screening. All ground-mounted, intermediate, and large-scale SES facilities shall be screened to create a visual buffer from neighboring parcels and rights-of-way. Buffers shall be undisturbed (natural) but may include fences and earthen berms, or other encroachment, where specified by this UDC. The existing natural tree growth and natural landforms along the facility perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. Formatted: Font: Bold 6. Decommissioning. Decommissioning of a SES shall begin no later than twelve (12) 12 months after a facility has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use. Formatted: Font: Bold C. Intermediate and Large-Scale SES. The following requirements apply to Intermediate and Large-Scale Solar Energy Systems, in addition to the general requirements set forth in this section. 1. All buildings and structures at intermediate and large-scale SES facilities shall maintain setbacks of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. 2. Any intermediate scale SES facility shall be located no closer than fifty (5050) feet to any abutting parcels zoned or used residentially. 3. Any large-scale SES facility building or structure shall be located no closer than one hundred (100)100 feet to any abutting parcels zoned or used residentially. 4. Intermediate and large-scale SES facilities shall display advisory signage to include the following information, at minimum: a. A statement to the risks that may result from physical contact with, or entry into, the subject SES facility; b. The owner or operator of the subject SES facility; and c. A twenty-four-hour emergency contact phone number. D. Ground Mounted SES. The following area requirements apply to all ground mounted SES facilities: 1. Within residential zoning districts, a ground-mounted solar energy system shall not exceed 25% percent (25%) of the footprint of the principal building served. 2. Within non-residential zoning districts, a ground-mounted solar energy system shall not exceed 50% percent (50%) of the footprint of the principal building served. 3. A ground mounted SES shall not be located within the required front yard of a lot, nor within a right-of-way, and should be located to prevent conflicts with utility areas or easements. 4. A ground mounted SES shall not be located over a septic system, leach field area, or identified reserve unless explicitly approved by the Health Department. E. Parking Lot Solar Carports 1. Solar carports, or solar panels over parking lots, are typically an elevated structure with solar roofs over parking areas. 2. A solar carport shall maintain a setback of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. 3.2.398 Swimming Pools A. Swimming pools are considered accessory structures and shall comply with all accessory structure regulations provided in this UDC, in addition to those dedicated specifically to swimming pools in this Section. B. Pool heaters and pumps shall not be located in a front yard and shall maintain a setback of at least ten (10) feet from all property lines. C. Swimming pools shall be entirely located behind the rear plane of the principal building, and minimum of ten (10) feet of separation from rear lot lines and twelve (12)12 feet of separation from side lot lines, as measured from the outermost edge of the swimming pool or any associated deck or stairs. D. Pools shall be enclosed by a wall or fence of at least four (4) feet in height and comply with all applicable fence and wall regulations. E. Public, commercial, and resident amenity area swimming pools shall satisfy the additional following requirements: 1. Such pools shall not be founded absent written approval from the Henry County Health Department. 2. The pool area shall be enclosed by a security fence of not less than five (5) feet in height and feature decorative landscaping along the perimeter of the fence. Formatted: Font: (Default) Calibri Commented [DS57]: Should these be exempt from buffering standards #5, under B above? Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri, Bold Formatted: Font: Calibri Shrubs or trees shall be planted along the perimeter of the fence at a maximum separation of twenty (20)20 feet. Plantings shall be no less than two (2) feet tall at the time of installation. 3. Security fences shall be transparent and shall not obstruct the view of the pool from the outside. 4. Swimming pools and associated structures shall comply with all setback requirements of the subject underlying zoning district. 4. Formatted: Normal 3.2.4039 Temporary Buildings and Structures A. Temporary buildings and structures, and the land uses contained therein shall be permitted during times when property is being developed. Temporary building and structures shall satisfy the following requirements. B. A building permit shall be required prior to temporary structure or building installation. C. Temporary buildings and structures installed on a site for multi-unit residential development shall be removed before eighty percent (80%)80% of all lots are occupied by completed dwelling units, or within four (4) years of permit issuance for the subject building or structure, whichever occurs first. For all types of projects, if construction becomes inactive for twelve (12)12 months, then any existing temporary units must be removed within the next ninety (90) 90 days. 1. The Director may issue a one-time, one (1) year extension of completion time for cause beyond the original completion period upon written request by the owner which includes the reason for the request and an updated account of completed houses within the subdivision. 2. Extension approval shall be substantiated, at least in part, by verification that all required erosion control measures are in place. Applicants shall apply for the one-time extension within thirty (30)30 business days of the expiration date of the temporary structure permit. If granted, extensions shall be in writing and signed by the building official within ten (10) business days. Extension approvals may be subject to a renewal fee as established in the City fee schedule. D. Temporary offices to be used for administrative functions during construction may be located on a construction site. The proposed construction building shall meet tie-down requirements for mobile home structures and have a current Contract for sewage pumpout. Construction buildings shall be removed within thirty (30)30 days of completion of the construction site for which they are permitted. E. Outdoor storage of equipment and construction materials shall be allowed on-site during the period of construction. F. Construction and demolition debris dumpsters are allowed, provided that an active building permit is maintained. Such dumpsters shall be removed within ten (10) calendar days of issuance of a Certificate of Occupation (C.O.), or expiration of the building permit, whichever comes first. Temporary construction dumpsters shall not be required to be screened. G. A temporary sales or marketing office is permitted, subject to the requirements of this UDC. The office shall only be used for the sale, resale or marketing of dwellings, structures or property within the development in which it is located, or adjacent developments under the same ownership and control. H. Temporary use of structures and equipment for the building of roads, public utilities, and government projects shall be permitted. 3.2.410 Tiny House Village Development A. Purpose and Intent. Formatted: Font: Not Bold 1. The purpose of this Section is to allow Tiny House Village Developments as compact, permanent residential neighborhoods consisting of detached dwellings arranged around common open space, pedestrian connections, and shared community amenities. 2. It is the intent of the City to promote housing variety, efficient use of land and public infrastructure, high-quality residential design, compatibility with surrounding neighborhoods, and safe long-term occupancy while avoiding adverse impacts on adjacent properties and public facilities. B. Applicability. Review, and Site Plan Requirements. 1. A Tiny House Village Development shall be permitted only in the zoning districts identified in Table 3.1, B, Land Uses and shall comply with this Section, all applicable provisions of the UDC, and all applicable local, state, and federal laws. 2. Prior to issuance of any land disturbance permit, building permit, final plat approval, or certificate of occupancy, as applicable, the applicant shall obtain approval of a concept plan, site plan, preliminary plat, final plat, or other development approval required by the UDC. 3. The required site plan shall show, at a minimum, dwelling unit locations, setbacks, building separation, common open space, Village Center amenities, sidewalks and pedestrian connections, parking areas, refuse areas, utility layout, stormwater facilities, fire access, hydrant locations, landscaping, buffers, lighting, phasing, and proposed ownership and maintenance documents. 4. No Tiny House shall be occupied until all required permits, inspections, utility connections, access improvements, and certificates of occupancy have been issued in accordance with applicable law. C. Density and Development Standards. 1. All tiny house village developments shall satisfy the following site design requirements. Formatted: Font: (Default) Calibri Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Font: Not Bold, Underline Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Bold Formatted: Font: Calibri Formatted: Font: Standard Tiny House Cottage Home Floor Area Not less than 450 square feet and not more than 600 square feet, excluding lofts, attached porches, garages, and accessory structures. Not less than 1,000 square feet and not more than 1,250 square feet, excluding attached porches, garages, and accessory structures. Shall comply with applicable residential building code provisions for tiny houses, including any locally adopted tiny house appendix or alternative-materials approval accepted by the Building Official. Shall comply with the Georgia State Minimum Standard Residential Code as a conventional detached dwelling. Minimum Porch Area At least 48 square feet. At least 60 square feet. Formatted: Font: (Default) Calibri, Bold Common Open Space At least 300 square feet per Tiny House. At least 400 square feet per Cottage Home. Formatted: Font: Bold Parking At least one (1) off-street parking space per Tiny House, unless otherwise approved pursuant to the UDC. At least two (2) off-street parking spaces per Cottage Home, unless otherwise approved pursuant to the UDC. Building Code Treatment Formatted: Font: (Default) Calibri, Bold, Font color: Background 1 Formatted: Font: Bold Formatted: Font: (Default) Calibri, Bold, Font color: Background 1 Formatted: Font: Bold Formatted: Font: (Default) Calibri, Bold, Font color: Background 1 Formatted: Font: 12 pt Formatted Table A. A tiny home cluster development provides for the grouping of attached and detached tiny homes on lots that may be smaller than allowed in a zoning district, for the purpose of providing permanent common use of common space land, preservation of natural terrain features, and economy in the provision of public facilities and services. D. Size. The development shall have a minimum site area of five (5)three (3) acres. E. Maximum Density. The maximum residential density shall not exceed fifteen (15) dwelling units per gross acre. F. Development Size. Tiny House and Cottage Home Village Developments shall consist of a minimum of six (6) dwelling units. The maximum number of dwelling units shall be determined by the permitted density and compliance with all applicable provisions of this UDC. B.G. Building Size Categories. For purposes of this Section, a Tiny House shall contain not less than four hundred fifty (450) square feet and not more than six hundred (600) square feet of floor area, excluding lofts, attached porches, garages, and accessory structures. A Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri, Bold Formatted: Font: Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri, Bold Formatted: Font: Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri, Bold Formatted: Font: Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri, Bold Formatted: Font: Bold Formatted: Font: (Default) Calibri C.H. Open Space. A minimum of 30% of the tract shall be dedicated to common open space. Formatted: Font: (Default) Calibri 1. A minimum of three hundred (300) square feet of common open space shall be provided for each Tiny House, and a minimum of four hundred (400) square feet of common open space shall be provided for each Cottage Home. Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 12 pt 2. Required common open space shall be usable, improved, and designed as a central organizing feature of the development. Required common open space shall not include private yards, parking areas, vehicular areas, drive aisles, required buffers, required setbacks, refuse areas, or utility areas. Stormwater facilities, wetlands, floodplains, steep slopes, and similar constrained areas shall not count toward required common open space unless improved as a functional amenity and expressly approved by the City. 3. At least fifty percent (50%) of the Tiny Houses and Cottage Homes shall be oriented toward the common open space, with the primary entrance or covered front porch facing the common open space. 4. Every Tiny House and Cottage Home shall be located within 100 hundred feet walking distance of the common open space. 5. The common open space shall be designed so that Tiny Houses or Cottage Homes abut at least two (2) sides of the common open space. 6. Common open space shall be maintained in a safe and attractive condition and shall remain available for the common use and enjoyment of the residents of the development. I. Access, Emergency Services, and Private Drives. 1. All public streets, private streets, alleys, internal access drives, sidewalks, and pedestrian facilities shall be designed and constructed in accordance with applicable City standards, fire code requirements, and the approved site plan. 2. The development shall provide adequate emergency vehicle access, fire apparatus access roads, turnarounds, address visibility, hydrant locations, fire flow, and building separation as required by the Fire Marshal and applicable fire codes. 3. Private streets and internal access drives shall be subject to recorded maintenance obligations acceptable to the City prior to final plat approval or issuance of the first certificate of occupancy, whichever occurs first. 1. The common open space shall include at least two of the following features: a. Open lawns or fields; b. Plaza; c. Community garden; d. Community building or clubhouse; e. Playground; or f. Community gathering areas (e.g. fire pit, seating areas). 2. Common areas are to be maintained through the establishment of homeowners’ association or comparable maintenance entity. Before approval is granted, the developer shall submit covenants, deeds, and homeowners’ bylaws and other documents guaranteeing maintenance Formatted: Font: Not Bold and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. D.J. Village Center. 1. Every Tiny House Village Development shall provide a centrally located Village Center. 2. The Village Center shall serve as the focal gathering space for the development. 3. The Village Center shall include not fewer than two (2) of the following: a. Community lawn; b. Pavilion; c. Playground; d. Community garden ; e. Fire pit; f. Picnic area; g. Mail kiosk; h. Clubhouse; i. Dog park; or j. Walking trail(s) 4. The Village Center shall be connected to every dwelling unit by a continuous ADA-accessible sidewalk network. K. Landscaping. Formatted: Font: Not Bold 1. Street trees, in accordance with Section 13.8.4, Street Trees, shall be planted along all public and private streets. 2. Shade trees shall be provided throughout the Village Center. 3. Parking courts shall include landscape islands. 4. Existing mature trees should be preserved where practicable. 5. Native and drought-tolerant landscaping is encouraged. 6. Buffers Adjacent to Residential Communities. Where a Tiny House Village Development abuts an existing residential subdivision, single-family residential district, or other established residential community, a minimum twenty-five (25) foot landscaped buffer shall be provided along the shared property line. The buffer shall include an evergreen vegetative screen, supplemented as necessary with berms, decorative fencing, or walls, to provide year-round visual screening and compatibility with adjacent communities. Existing mature trees and natural vegetation within the buffer area shall be preserved to the greatest extent Formatted: Font: Bold practicable and may count toward the required buffer when approved by the Director. 7. Buffer Maintenance. Required buffers shall be maintained in a healthy, orderly, and attractive condition by the homeowners' association, property owners' association, condominium association, or other entity responsible for common area maintenance. Dead or diseased plant material shall be replaced within the next appropriate planting season, and no buildings, parking areas, drive aisles, stormwater facilities, refuse areas, or similar improvements shall be located within the required buffer except for approved pedestrian connections, utilities, fencing, walls, or landscaping improvements. 1. A village center(s) shall be provided, and each village center shall be not less than 25,000 square feet in area. Village center(s) shall be counted toward the dedicated common open space. Required yards, any required buffers, parking and other paved surfaces, shall not count as part of a village center. In developments with only one village center, said village center shall be centrally located within the development and accessible by all residents/tenants. Village center(s) shall include landscaping, active and passive recreation features, and may include natural areas. 2. All houses shall be oriented to have clear views of and be connected to a village center by sidewalks. Where multiple village centers are provided, all shall be interconnected with a trail system in compliance with the ADA. 3. The village center(s) and other open space areas within the village(s) shall remain in private hands held in individual ownership by the owner of the village(s) or common ownership by the owners of the houses in the village(s). Restrictive covenants, declarations and restrictions running with the land shall provide for access across and permanent maintenance and protection of the village center(s), any associated common buildings and infrastructure. E.L. Parking Design. 1. A minimum of one (1) off-street parking space shall be provided for each Tiny House, and a minimum of two (2) off-street parking spaces shall be provided for each Cottage Home, unless a different parking requirement, reduction, or shared parking arrangement is approved pursuant to the UDC. 2. All required off-street parking shall be located on the site of Tiny House Village Development. 3. Parking may be provided within a garage, carport, parking court, parking structure, or as a surface parking area. 4. Surface parking areas shall be screened from public streets by one (1) or more of the following: a. Building facades; b. Garage doors; Formatted: Font: Bold c. Decorative fencing in combination with landscaping; or d. Undisturbed landscaped buffers as approved by the Director. 5. Parking shall not be located within any required front yard. 6. Parking may be located between a principal structure and the rear property line or between a principal structure and an interior side property line, provided such side property line is not adjacent to a public street. 7. Large, uninterrupted surface parking areas are prohibited. Parking shall be arranged in small parking courts or other configurations that complement the pedestrian-oriented design of the development. 1. Surface parking areas shall be located to the side or rear of tiny ho use village development. 2. Large uninterrupted parking lots shall be prohibited. 3.8. Parking areas shall not encroach into the village center. F. Utilities. All dwelling units shall be connected to public water and sanitary sewer systems unless otherwise approved by the City and applicable health authorities. G. Buffer. A buffer not less than 20 feet in depth shall be provided between any house and an adjacent residential zoned or used property. H.M. Setbacks. 1. Where a Tiny House fronts a public street, the minimum front setback shall be fifteen (15) feet. Covered front porches may encroach into the required front setback by not more than seven (7) feet. 2. Where a Tiny House fronts a private street or internal access drive, the minimum front setback shall be ten (10) feet. Covered front porches may encroach into the required front setback by not more than five (5) feet. 3. A minimum separation of ten (10) feet shall be maintained between all principal structures. 1. A front setback of not less than 50 feet in depth shall be provided between any house and an adjacent access roadway. 2. All homes shall maintain a minimum separation of 10 feet from other homes within the development. I.N. Lot Design. 1. Lot dimensions within a Tiny House Village Development may be reduced below the minimum lot area, width, and depth otherwise required by the underlying zoning district, provided the development complies with all applicable requirements of this Section and the UDC. 2. A Tiny House Village Development may be developed on individual fee-simple lots, condominium units, rental lots, or a single commonly owned parcel, Formatted: Font: (Default) Calibri provided that access, utilities, common open space, maintenance responsibilities, and legal ownership arrangements are shown on the approved plans and recorded documents. Formatted: Font: Not Bold O. Utilities. 1. All Tiny Houses shall be served by public water and sanitary sewer. 2. Utilities shall be installed underground where feasible. 3. Individual utility meters shall be provided for each dwelling unless otherwise approved. P. Prohibited Uses. Formatted: Font: Not Bold 1. The following shall not be permitted within a Tiny House Village Development: a. Recreational vehicles used as dwelling units. b. Tiny Houses on Wheels. c. Park model recreational vehicles. d. Manufactured homes. e. Mobile homes. f. Shipping containers used as dwelling units. g. Temporary structures intended for permanent residential occupancy. h. Hotel, motel, campground, recreational vehicle park, transient lodging, or short-term rental use, unless such use is expressly authorized by a separate provision of the Code and approved by the City. Q. Accessory Structures, Storage, Phasing, and Certificates of Occupancy. 1. Accessory structures, detached storage buildings, bicycle storage, mail kiosks, carports, garages, community buildings, and similar improvements shall be shown on the approved site plan and shall comply with all applicable accessory structure, setback, building code, and design requirements. 2. Outdoor storage shall be prohibited except within approved enclosed structures or screened areas shown on the approved site plan. Storage of inoperable vehicles, construction materials, appliances, furniture, trash, or similar materials outside an enclosed structure is prohibited. 3. If a Tiny House Village Development is constructed in phases, each phase shall provide proportional common open space, parking, sidewalks, utilities, stormwater facilities, fire access, landscaping, buffers, and amenities necessary to serve that phase, as determined by the City. 4. No certificate of occupancy shall be issued for any Tiny House within a phase until required access, utilities, parking, sidewalks, fire protection, landscaping, Formatted: Font: Bold Formatted: Font: Not Bold buffers, common open space, and related common improvements serving that phase have been completed or guaranteed in a form acceptable to the City. 1. Each lot per dwelling unit shall contain a minimum of 900 square feet per dwelling unit. 2. The minimum width per lot shall be 18 feet. 3. The minimum depth per lot shall be 50 feet. R. Additional Development Standards. Formatted: Font: Not Bold 1. All required common open space, recreational amenities, private streets, sidewalks, and other common improvements shall be owned and maintained by a homeowners' association, property owners' association, condominium association, or other entity approved by the City. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, and maintenance of such common facilities. 2. Each Tiny House shall be equipped with, or designed to accommodate, clothes washer and dryer facilities through either: a. Individual washer and dryer connections within each dwelling unit; or b. A centralized laundry facility available for the exclusive use of residents within the Tiny House Village Development. 3. The use of permeable pavement, pervious parking areas, rain gardens, bioswales, and other low-impact development (LID) practices is encouraged to reduce stormwater runoff. All Tiny House Village Developments shall comply with the applicable stormwater management requirements of the UDC and all other applicable local, state, and federal regulations. Formatted: Font: Not Bold S. Design Standards. 1. Building Orientation. Tiny Houses shall be oriented toward a public street, private street, Village Center, or common open space. Primary entrances shall not face parking areas unless no reasonable alternative exists due to site constraints. Formatted: Font: Bold 2. Covered Front Porch. Each Tiny House shall include a covered front porch with a minimum area of forty-eight (48) square feet, and each Cottage Home shall include a covered front porch with a minimum area of sixty (60) square feet. Covered front porches may encroach into required front setbacks as provided in this Section. Formatted: Font: Bold 3. Exterior Building Materials. Exterior building materials shall consist of brick, natural stone, manufactured stone, fiber-cement siding, wood, engineered wood siding, or comparable residential-quality materials approved by the Director. Formatted: Font: Bold Reflective metal siding exposed unfinished concrete masonry units, and corrugated metal panels shall be prohibited as primary exterior wall materials. 4. Roof Design. Roofs shall have a minimum pitch of 6:12 unless an alternative architectural design is approved by the Director. Flat roofs shall be prohibited except for architectural elements such as porches or accessory structures. Formatted: Font: Bold 5. Building Entrances. The primary entrance of each Tiny House shall be clearly defined through the use of porches, stoops, recessed entries, columns, or other architectural features. Formatted: Font: Bold 6. Mechanical Equipment. Ground-mounted mechanical equipment, HVAC units, utility meters, and similar service equipment shall be screened from public view through landscaping, fencing, or architectural screening materials compatible with the principal structure. Formatted: Font: Bold 7. Refuse Collection. Community refuse collection areas shall be enclosed on three (3) sides by masonry walls, decorative fencing, or comparable screening materials with an opaque gate. Formatted: Font: Bold 8. Lighting. Exterior lighting shall be pedestrian-scaled and designed to minimize glare onto adjacent properties and public rights-of-way. Formatted: Font: Bold 9. Architectural Variety. Building elevations, rooflines, colors, materials, and façade treatments shall incorporate variation throughout the development to avoid repetitive building designs. Adjacent Tiny Houses shall vary in at least three (3) of the following features: roof form or pitch, porch design, exterior wall material, trim details, window pattern, façade articulation, color palette, or front entry treatment. Formatted: Font: Bold 10. Front Elevations. The front façade of each tiny home dwelling unit shall be composed of a minimum of 75% percent brick and/or stone, excluding windows, doors, and other architectural openings. The remaining portion of the façade may consist of complementary materials such as stucco, shake, or cementitious fiber cement siding. Formatted: Font: Bold 11. Water Table Requirement. All side and rear elevations of tiny home dwelling units shall include a continuous masonry water table with a minimum height of four (4) feet measured from finished grade. The water table shall consist of brick or stone materials that are compatible with the primary materials used on the front façade and shall extend the full length of each side and rear elevation, except where interrupted by doors or other approved architectural features. Formatted: Font: Bold 12. Prohibited Materials. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all tiny home dwelling units, including gables and eaves, unless otherwise expressly permitted by this UDC. Formatted: Font: Bold T. Building Design. Ownership and Maintenance. Formatted: Font: Not Bold Formatted: Font: Not Bold 1. Common open space and common facilities shall be required for all Tiny House Village Developments. 2. Common open space and common facilities shall be owned and maintained by a homeowners' association, condominium association, property owners' association, or other legal entity approved by the City. 3. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, maintenance, and repair of all common open space, private streets, sidewalks, recreational amenities, stormwater facilities, utilities, and other commonly owned improvements. J.4. The City may require performance guarantees, maintenance agreements, or other assurances authorized by law to ensure completion and long-term maintenance of required common improvements. 1. Primary entrances shall be connected by pedestrian walkways a minimum of five (5) feet in width. 2. All buildings within the village shall be oriented toward the village center unless an exception is granted to improve the site design. 3. Exterior Materials. Exterior building materials shall consist of durable residential-quality materials including brick, stone, fiber cement siding, wood, or comparable materials. Reflective metal siding and exposed unfinished concrete block shall be prohibited as primary façade materials. 4. Height. Dwelling units shall not exceed 35 feet in height. 5. Elements. Houses and accessories/community buildings shall incorporate three of the following design features to provide visual relief: a. Dormers; b. Gables; c. Pillars; d. Posts; e. Covered front porches; f. Recessed entries; or g. Cupola. 6. Tiny homes shall be placed on a permanent foundation. 3.2.41 Truck Stops A. All activities at truck stops shall abide by the definition of “Truck stop” as provided in Chapter 12 of this UDC. B. Dimensional standards for truck stops are indicated in the table below. Standard Formatted Table Abutting any parcels zoned or used residentially 100 feet for buildings and structures, 60 feet for parking stalls and maneuvering areas. Formatted Table Abutting all other parcels 50 feet for building and structures, 35 feet for parking stalls and maneuvering areas. Development Feature Minimum setbacks: Buffer: Planted buffer 40 feet wide, in addition to an opaque wall or fence not less than 6 feet in height when adjacent to any parcels zoned or used residentially C. Prior to the issuance of any development permit, building permit, or zoning approval for a truck stop, a traffic impact study shall be conducted and completed by a professional engineer for the facility as proposed. All recommendations of the study shall be constructed and made active prior to business commencement of the facility. The study shall be no less than three (3) years old at the time of permit issuance. D. Prior to the issuance of any development permit, building permit, or zoning approval for a truck stop, a site illumination plan shall be provided, demonstrating compliance with the following external illumination requirements. 1. All parking spaces and drive-aisles within truck stops shall be illuminated to a level of no less than 1.0 foot-candles but not greater than 15.0 foot-candles. 2. All areas directly beneath the fueling canopies and within 15 linear feet of such areas shall be illuminated to a level of no less than 5.0 foot-candles but not greater than 30.0 foot-candles. 3. Lighting levels shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. 4. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 5. No Lighting fixture shall measure greater than 35 feet in height. 6. All lighting fixtures used for external illumination shall be full cut-off devices with no upward directed light. E. A landscape strip no less than five (5) feet in depth shall be established along all property boundaries. 1. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch, in addition to at least one (1) shrub or tree for every ten (10) linear feet of boundary. No shrub or tree shall be planted less than five (5) feet from Formatted Table another. All shrubs and trees shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. 2. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. F. Fueling activities shall not occur closer to the front property line than the front plane of the principal building. G. Passenger vehicle fuel may be sold at truck stops pursuant to the following requirements. 1. Passenger vehicle fueling areas shall be served by exclusive designated driveways and drive aisles. H. Entry and exit into truck stops shall abide by the following requirements: 1. No entry or exit point shall be established within 150 feet of any driveway or intersection on the same side of the subject roadway. This minimum requirement shall be reduced to 40 feet for entry and exit points exclusively designated for passenger vehicles. 2. Except for driveways exclusively designated for passenger vehicles, one-way driveways shall measure no less than 30 feet in width, and two-way driveways shall measure no less than 45 feet in width. 3. All access driveways shall have a throat no less than 75 feet in length. This area is intended to reduce stopped traffic on the frontage road and reduce vehicular conflicts at the subject access point. The throat area shall not have any turnoffs for driveways, drive aisles, or parking spaces. I. A truck stop shall provide no less than (1) shower stall for every 15 truck parking spaces provided at the facility, excluding spaces at fuel dispensers. In no circumstance shall fewer than three (3) shower stalls be provided at any truck stop. 1. In the event of a conflict between the contents of this section and any national or international building or plumbing UDC adopted by the City, the adopted building or plumbing UDC shall control. 3.2.42 Truck Staging Facilities A. All activities at truck staging facilities shall abide by the definition of “Truck staging facilities” as provided in Chapter 12 of this UDC. B. Truck staging facilities, as defined by this UDC, are intended for the shortterm parking and stopping of trucks that are serving the local area. These facilities are intended to provide designated areas for trucks to occupy, promoting the public welfare and safety by reducing instances of trucks parking in public rights-of-way and unauthorized or unlawful parking upon private properties. C. Truck staging facilities shall satisfy setback and buffering requirements as follows: 1. A planted buffer no less than 30 feet in width, in addition to an opaque wall or fence not less than 6 feet in height, shall be provided in all areas where a facility abuts parcels zoned or used residentially. 2. All buildings, structures, parking spaces, and maneuvering areas shall maintain a minimum setback of 60 feet from any abutting parcels zoned or used residentially. 3. All buildings, structures, parking spaces, and maneuvering areas shall maintain a minimum setback of 35 feet from any abutting non-residential parcels. D. A landscape strip no less than five (5) feet in depth shall be established along all property boundaries. 1. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch, in addition to at least one (1) shrub or tree for every ten (10) linear feet of boundary. No shrub or tree shall be planted less than five (5) feet from another. All shrubs and trees shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. 2. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. E. Prior to the issuance of any development permit, building permit, or zoning approval for a truck staging facility, a traffic impact study shall be conducted and completed by a professional engineer for the facility as proposed. All recommendations of the study shall be constructed and made active prior to business commencement of the facility. The study shall be no less than three (3) years old at the time of permit issuance. 1. This requirement may not apply to facilities with a maximum capacity of fewer than twenty (20) trucks. F. Prior to the issuance of any development permit, building permit, or zoning approval for a truck staging facility, a site illumination plan shall be provided, demonstrating compliance with the following external illumination requirements. 1. All parking spaces and drive-aisles within truck stops shall be illuminated to a level of no less than 1.0 foot-candles but not greater than 12.0 foot-candles. 2. Lighting levels shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. 3. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 4. No Lighting fixture shall measure greater than 35 feet in height. 5. All lighting fixtures used for external illumination shall be full cut-off devices with no upward directed light. G. Entry and exit into truck staging facilities shall abide by the following requirements: 1. No entry or exit point shall be established within 150 feet of any driveway or intersection on the same side of the subject roadway. 2. One-way driveways shall measure no less than 30 feet in width, and two-way driveways shall measure no less than 45 feet in width. 3.2.43 Truck Storage Facilities A. All activities at truck storage facilities shall abide by the definition of “Truck storage facility” as provided in Chapter 12 of this UDC. B. Truck storage facilities shall satisfy setback and buffering requirements as follows. 1. A planted buffer no less than 30 feet in width shall be provided in all areas where a facility abuts parcels zoned or used residentially. 2. All buildings, structures, parking spaces, and maneuvering areas shall maintain a minimum setback of 50 feet from any abutting parcels zoned or used residentially. 3. All buildings, structures, parking spaces, and maneuvering areas shall maintain a minimum setback of 20 feet from any abutting non-residential parcels. C. All portions of a truck storage facility containing buildings, structures, parking spaces, and other storage areas shall be secured by fences or walls that maintain heights no less than six (6) feet. 1. A landscape strip no less than five (5) feet in depth shall be established alongside the walls or fences on all sides facing away from the facility. a. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch, in addition to at least one (1) shrub or tree for every ten (10) linear feet of wall or fence. No shrub or tree shall be planted less than five (5) feet from another. All shrubs and trees shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. b. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. 2. All vehicular access points shall be served by gates or barrier arms. 3. No access gate or barrier arm shall be closer than 75 feet from where the subject driveway meets the right-of-way line. a. This requirement shall be waived if left-turn and right-turn deceleration lanes are added on the access road, each of which measure no less than 75 linear feet. 4. At least one (1) pedestrian access gate shall also be provided. 5. Additional access provisions may be required by the Fire Marshal or other safety officials. D. Prior to the issuance of any development permit, building permit, or zoning approval for a truck storage facility, a site illumination plan shall be provided, demonstrating compliance with the following external illumination requirements. 1. All parking spaces and drive-aisles within truck stops shall be illuminated to a level of no less than 0.5 foot-candles but not greater than 12.0 foot-candles. 2. Lighting levels shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. 3. Lighting levels shall not exceed 0.5 foot-candles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 4. No Lighting fixture shall measure greater than 35 feet in height. 5. All lighting fixtures used for external illumination shall be full cut-off devices with no upward directed light. E. Entry and exit into truck storage facilities shall abide by the following requirements: 1. No entry or exit point shall be established within 75 feet of any driveway or intersection on the same side of the subject roadway. 2. One-way driveways shall measure no less than 30 feet in width, and two-way driveways shall measure no less than 45 feet in width. 3.2.44 Senior Adult Housing A. Senior adult housing must be designated age-restricted adult housing and shall satisfy the following requirements. 1. Housing units located in RR1, NR2, and SR3 zoning districts shall be single-family detached dwellings. 2. Housing units located in all other zoning districts shall be single-family attached, duplex, triplex, quadplex, or multi-family dwellings. 3. The development shall include a minimum of twenty (20) dwelling units. 4. No less than thirty-five percent (35%) of the gross site area shall be open space. The open space shall provide the following open space amenities pursuant to the number of dwelling units proposed. a. Developments containing fewer than 50 units shall provide paved pedestrian paths totaling not less than 800 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least two (2) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. b. Developments containing 50 to 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,200 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least three (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 5,000 square feet. c. Developments containing greater than 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,500 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least two (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 7,500 square feet. B. At least one (1) on-site community building or clubhouse shall be provided pursuant to the number of dwelling units proposed.: 1. Less than 50 dwelling units: Minimum community building or clubhouse space heated floor area of 1,000 square feet. 2. 50 to 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet. 3. Greater than 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet, in addition to ten (10) square feet of heated floor area per additional dwelling unit beyond 120. C. Within phased senior adult housing development, open space and resident amenity requirements shall be satisfied within each phase of development. The developer shall provide a development phase master plan prior to the approval of any land disturbance permit. D. Prior to land disturbance permit approval, the developer shall establish how the age restrictions will be implemented and maintained over time. If the development is anything other than a rental community under single ownership, a common entity such as a condominium association, a homeowners' association, or a property management company shall be established to maintain and enforce the age restrictions in addition to the City of Stockbridge enforcement of zoning regulations. E. The following minimum dwelling unit floor area requirements shall be satisfied. 1. No dwelling unit shall have a heated floor area less than one thousand (1,000) square feet. 2. No less than seventy-five percent (75%) of all dwelling units shall have a heated floor area less than 1,200 square feet. F. All open space, common areas, and related improvements shall be fully accessible and shall be managed and maintained by the owner of the development or a common entity such as a condominium association, or a homeowner's association. G. Senior adult housing developments shall be designed for residents with physical disabilities and limitations. The minimum accessibility standards shall be satisfied 1. "No-step" (maximum vertical floor level change of one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch) access to the front door entrance to all dwelling units and community buildings is required. If a no-step front entrance is not feasible, an alternate nostep walkway to the front floor may be approved. 2. A door not less than three (3) feet wide front door with exterior lighting at the entrance is required. Exterior doors shall be provided with an artificial light source located in the immediate vicinity of the exterior door. The illumination of the exterior light shall be controlled from inside the dwelling, except for lights that are continuously illuminated or automatically controlled. 3. All interior doorways must have a minimum of thirty-two-inch clear width in the open position—typically a thirty-six-inch door. 4. A thirty-six-inch fully accessible route must connect throughout the floor which is served by the front door of the dwelling unit. The maximum vertical floor level change is one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch. 5. A complete living area, including, but not limited to, kitchen, master bedroom, and bathroom, shall be located on the floor served by the front door of the dwelling unit. 6. Lever handles are required on all interior and exterior doors. 7. Clear floor space of thirty (30) inches by forty-eight (48) inches shall be provided and centered on each appliance and fixture in the kitchen. Floor space can overlap. 8. Walls shall be reinforced (blocked) to allow for the later installation of grab bars around the toilet, tub, and shower stall; and of wall-hung bench shower seat. 9. Maneuvering space shall be provided within the bathroom to permit a person using a mobility aid to enter the room, close the door, and reopen the door with a clear floor space of thirty (30) inches by forty-eight (48) inches. Clear floor space of thirty (30) inches by forty-eight (48) inches shall be provided and centered on each fixture in the bathroom. Floor space may overlap. 10. Wall-mounted electrical outlets, light switches, and environmental controls shall be mounted for a reaching range of a minimum of fifteen (15) inches to a maximum of forty-eight (48) inches above the floor. Such wall-mounted devices shall be of a contrasting color with the wall. 11. Accessible sidewalks shall be provided between parking areas and pedestrian entrances to dwelling units and all other buildings and structures in the development that may be accessed by residents. These routes shall be a minimum of five (5) feet wide, allowing mobility-enhancing devices to meet and pass safely 3.2.435 Wrecker Services A. Wrecker service facilities that do not include any outdoor storage or operations shall be exempt from the contents of this section. B. The site design standards for wrecker services are set forth in the table below. Development Feature Standard Minimum site area 2 acres Screening requirements Opaque wall or fence not less than 6 feet in height Outdoor storage placement Outdoor storage areas shall not be established closer to the front property line than the front plane of the principal building Minimum planted buffer 15 feet wide for any portion of property adjacent to industrial zoned property; 30 feet wide abutting all other properties Storage of vehicles Towed vehicles shall be stored within an enclosed, secure area which shall not be accessible to the public. No wrecked vehicles shall be stacked within the storage area. Storage of non-business-related vehicles is prohibited. Storage areas shall be paved or graveled, and all driveways, drive aisles, and parking spaces shall be paved. Minimum heated floor area of office/primary structure 1,000 square feet. Building materials Masonry front facade Off-Street parking requirements All required off-street parking shall be located outside of any secured vehicle storage area. CHAPTER 4: DEVELOPMENT STANDARDS 4.1 Purpose and Intent A. The purpose of this Chapter is to establish procedures and standards for the development and subdivision of land. This Chapter aims to achieve the following: 1. Orderly and harmonious growth and development of new and established neighborhoods. 2. Distribute population and traffic in a manner that will mitigate congestion and overcrowding. 3. Dedicate or reserve parks, squares, and recreational areas, accessible to all residents to serve as community focal points. 4. Set standards for landscaping and detailing of the public domain of streets, parks, and squares to promote a pedestrian oriented atmosphere and civic awareness. 5. Provide for pleasing visual environments to ensure public health, safety and the general welfare to residents and visits of the City. 6. Ensure the proper location, bulk ,size, and scale of buildings and structures. 4.2 Applicability A. These regulations govern all property within the jurisdictional limits of Stockbridge. B. All new development within the jurisdiction of this UDC shall conform to the provisions of this Chapter. C. All redevelopment of, and alterations or additions to, existing buildings, structures, and sites within the jurisdiction of this UDC shall conform to the provisions of this Chapter, unless all of the following are true of the subject redevelopment or alteration: 1. The gross increase in heated floor area would not be greater than 25% compared to that at the time of request; or. 2. The total cost of the work does not exceed 50% of the assessed property value of the property compared to that at the time of the request. D. No construction or installation of improvements shall commence in a proposed development until the land disturbance permit has been approved and all applicable plats, construction plans, and specifications have been approved by the appropriate authorities. E. No building or other permits shall be issued for erection of a structure on any lot not of record until all requirements of this UDC have been met. Commented [DS58]: A public comment stated the older businesses that are not in the downtown should be required to improve their facades. The international property maintenance code requires maintenance of buildings; nonconforming structures/uses also would require bringing anything into compliance. Some other ideas are unfit buildings and structures (city of cleveland, GA) example which is targeted towards blight properties. Vacant building registries. None of these require compliance with new code if the property is simply dilapidated, that really falls more under property maintenance requirements Commented [EM59]: Discuss how value is calculated (GL) – as evaluated by the tax accessor 4.3 Site Design Standards 4.3.1 Dimensional Standard Compliance A. No greater than one (1) single-family dwelling unit may be constructed on any one parcel except as otherwise allowed in this UDC. B. Except as specifically provided in this UDC, no parcel of land existing at the time of adoption of this UDC shall be reduced, subdivided, or otherwise altered to produce a parcel of land that does not comply with the minimum dimensional standards of the applicable zoning district. C. Land that is acquired, dedicated, or donated and accepted for public use is exempt from the requirements of this Chapter. 4.3.2 Encroachments A. The height limitations of this UDC, as imposed at the zoning district level, shall not apply to spires or other such structures, belfries, flagpoles, monuments, cupolas, domes, water towers, transmission towers, telecommunications towers, or other ornamental towers not intended for human occupancy. B. Nothing in this subsection shall preclude any height or dimensional requirement specific to any structure or feature type as provided in this UDC. C. Architectural features such as cornices, eaves, steps, landings, gutters, and fire escapes may encroach into a minimum required setback by no greater than three (3) feet, except where such projections would obstruct driveways, sidewalks, or access areas for emergency vehicles. 4.3.3 Open Space Requirements A. All developments with a cumulative parcel area greater than three (3) acres, except for those in the DT, MHR, MUS, MU, and MFR zoning districts shall provide open space, subject to the following requirements: Commented [DS60]: The existing UDC requires developments over five acres to provide public space equal to 1% of total proposed floor area. This requirement has been removed from proposed §4.3.3. Please confirm whether public-space requirements are addressed elsewhere or whether their removal is intentional. Please confirm the rationale for exempting DT, MHR, MUS, MU, and MFR from §4.3.3. Consider whether equivalent or greater open-space requirements are established within the applicable district standards so that these exemptions do not create unintended gaps. [GL] Commented [DS61R60]: We can go back to the 1 to 1 ratio however 30 homes at 1500 square feet would be 45,000 square feet. This would be 450 square feet of open space required. This seems low Commented [DS62R60]: MHR requires 15% in Table 2.5.5, MUS requires 20%, MU requires 10%. These would be subject to the open space definition versus this section. 1. A minimum of 15% of the total development land area shall be devoted to open space. Open spaces that are located within minimum required zoning buffers, stormwater management areas, or other areas that to not definitionally qualify as open space shall not count towards satisfying this requirement. 2. Amenity Package Requirements found in Section 4.3.4, Amenity Package Requirements may be counted towards meeting the open space requirement. 3. All minimum required open space shall consist of one or more of the following features: a. Active Recreation (e.g. playground, athletic courts, swimming pool). b. Open lawns or fields. c. Pedestrian paths or multi-use trails. Required sidewalk, bicycle facilities, multi-use paths greenways, trail connections, or public utility connections shall not count towards the minimum open space requirement. Extensions that are not part of an adopted plan or required public utility shall count towards the minimum open space requirement. d. Passive landscaped open space (e.g. nature trails, natural buffers). 4. Open spaces shall be reasonably accessible to foot traffic. 5. If the associated development contains any residential dwelling units, no less than 50% of the minimum required open space shall be designed for active recreation and use. 6. Open space shall be protected in perpetuity by a binding legal instrument, as provided in Section 14.10, Requirements Regarding Ownership and Management of Open Space. 4.3.4 Amenity Package Requirements A. Table 4.3.4, Amenity Package Requirements provides a summary of amenity requirements depending on the number of lots within the subdivision or units within a development. Table 4.3.4 – Amenity Package Requirements Size Amenity Size Primary Amenities Required 0 to 99 lots Pocket Park(s). This can be divided between multiple parks to be a combined total of a minimum of 1,500 sq. ft. in size; and Additional Amenities Required At least one (1) from Section 4.3.4, B Commented [EM63]: Discuss open space & active requirements (GL): Please clarify how the requirement that at least 50% of required open space in residential developments be designed for active recreation will apply to smaller developments and development types where passive open space or natural-resource preservation may be more appropriate. Commented [DS64R63]: The definition of open space is broken down into 5 categories including recreation or active uses (category B and C). We are requiring that at least 50% of the open space be category B or C . Previously the requirement was an area equal to 1% of the total floor are proposed for the development should be public space. We can build in an alternative director approval? Formatted: Font color: Background 1 Commented [EM65]: Could rename these to primary and secondary amenities; to further distinguish between them. Dog park or walking trails a minimum of 1,500 sq. ft in size 100 to 149 lots or Min. 2,000 sq. ft. Pocket Park(s). This At least two (2) from units can be divided Section 4.3.4, B between multiple parks to be a combined total of a minimum of 2,500 sq. ft. in size; and Dog park or walking trails a minimum of 2,500 sq. ft in size 150 to 299 lots or Min. 2,000 sq. ft. A cClubhouse a At least three (3) from units minimum of 4,000 Section 4.3.4, B sq. ft in size 300 or more lots or Min. 2,000 sq. ft. Community Pool, At least two (2) from units Clubhouse, and Section 4.3.4, B Pocket Park(s) to be a combined total of 4,500 sq. ft in size Non-residential or Central green or Mixed-Use (40,000 gathering area a square feet gross minimum of 2,500 sq. floor area or more) ft in size; Walking Trails B. Additional Amenities Required. :In addition to those minimum amenities required by Table 4.3.4, – Amenity Package Requirements, any additional amenities required shall be selected from the following options: 1. Athletic courts (Any combination of tennis, basketball, volleyball, or pickleball courts); 2. Community garden and reflection aArea; 3. Community pool; 4. Dog park; 5. Fire pit and gathering area; 6. Fitness center; 7. Picnic area with grill and covered pavilion; 8. Playground; 9. Walking trail(s); Commented [EM66]: Discuss providing amenity package requirements for smaller developments (GL): Please confirm that developments containing fewer than 100 lots or units are intentionally exempt from the Amenity Package Requirements, regardless of total development acreage. Commented [DS67R66]: This is the current requirement. If we want to do a requirement for 0 - 100. Then I would think that would require at a minimum a pocket park and 1 additional amenity. Formatted: Underline 10. Any other amenity as approved by the Director. 4.3.5 Outdoor Lighting Standards A. Purpose and Intent. The intent of this UDC is to preserve, protect and enhance the lawful nighttime use and enjoyment of all property through use of appropriate lighting practices and systems, while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment. B. Applicability. Outdoor lighting installed within the City shall be in conformance with the requirements established by this Section. C. Exemptions. The following shall be exempt from the provisions of this Section: 1. All temporary emergency lighting needed by police or fire departments or other emergency services; 2. All hazard warning luminaires required by federal regulatory agencies; 3. All vehicular luminaires; 4. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels; 5. Holiday decorations; 6. Signs; 7. Street lights; 8. Aesthetic lighting limited to interior roadway lighting with a maximum height of two (2) feet within a development, not intended to take the place of required street lighting, or lighting to be utilized within open space used to feature decorative plantings, sidewalks, walkways, or ornamental objects, such as fountains or similar features. Aesthetic lighting, although exempt from an iso footcandle plan, shall be identified on all design plans as to type of light and location to ensure appropriate use of aesthetic lighting in accordance with this Section. D. Outdoor Lighting Regulations. 1. All outdoor lighting shall be installed in a way that does not cast light upon or adversely affects adjacent properties or roadways. This shall not apply to lighting established by governmental authority within public rights-of-way. 2. Measurement. Light intensity levels shall be measured on the horizontal plane at grade level within the site, and on the vertical plane of any property line or street right-of-way line at a height of five (5) feet above grade level. 3. Lighting fixtures shall be fully shielded and directed downward, and shall utilize full cutoff housings, louvers, glare shields, optics, reflectors or other measures to prevent off-site glare and minimize light pollution. a. The Director may approve decorative light fixtures as an alternative to shielded fixtures, provided that such fixtures would enhance the Commented [DS68]: Please review the revised exemption list and confirm that the removal of existing exemptions for athletic fields, swimming pools, temporary construction lighting, agricultural lighting, motion-sensor lighting, and shielded pedestrian walkway lighting is intentional. Consider whether any of these uses require separate lighting standards due to their operational characteristics. [GL] aesthetics of the site and would not cause greater off-site glare or light pollution 4. Intensity Specifications. a. Lighting intensity within a site shall not exceed ten (10) foot-candles at any one point; however, the Director may permit a maximum intensity of 20 foot-candles provided that such lighting is otherwise in compliance with this ordinance. and a.b. Llighting intensity within a site levels do notshall not exceed 1.0 foot-candle at any property line abutting a parcel zoned or used nonresidentially or adjacent to rights-of-way. Where the site abuts a parcel zoned or used residentially, lighting levels shall not exceed 0.5 footcandles. b.c. Wall-mounted lights shall be cut-off, and directed downward with a maximum output of four hundred (400)400 hundred watts per fixture. E. Additional Requirements by Type. 1. Security Lighting. a. Security lighting shall be directed towards the targeted area and shall not be on poles taller than 25 feet. b. Security lighting shall be maintained in such a manner as to prevent glare and lighting into properties of others or into a public right-of-way, and the system also shall be designed and maintained so that lights are not activated by activity off of the subject property. 2. Outdoor Recreational Facilities. a. Illumination shall be provided by full cutoff luminaires, except for large areas, where luminaire supports inside the areas would restrict the function or compromise safety. Examples of such large areas include, but are not limited to, baseball, softball, soccer, football, and golf driving ranges. Shielded floodlights shall be used for these areas. Smaller areas, including tennis, volleyball, racquetball and handball courts, and swimming pools shall utilize full cutoff luminaires and shall conform to the requirements of this ordinance regarding light trespass. The average illuminance on ground shall not exceed 50 footcandles. Formatted: Font: Not Bold Formatted: Font: Not Bold 3. Landscape, Decorative, and Architectural Lighting a. Luminaires used to illuminate flags, statues, steeples, monuments, and other tall narrow objects shall be illuminated with the type of luminaire that directs the narrowest beam capable of illuminating the object. Illuminance at the level of the illuminated object shall not exceed 10 footcandles. Formatted: Font: Not Bold b. Lighting on buildings for aesthetic purposes shall be directed downward from the top. Exception: selected portions of a building may be illuminated from below, if the portions illuminated total less than half of the vertical face. The average illuminance shall not exceed 10 footcandles. Formatted: Font: Not Bold 2.c. All outside illumination of any building and/or surrounding landscape, public or private, for esthetic, architectural, or decorative purposes is prohibited after 11:00 P. M. or when the business closes, whichever is later. Formatted: Font: Not Bold F. Plans Required. Prior to the issuance of a land disturbance permit or building permit for a project that involves the installation of outdoor lighting, a photometric illumination plan shall be provided by the applicant. The plan shall include the following information: 1. Location, type and height of all proposed light fixtures. 2. Photometric grid overlaid on the proposed site plan indicating the overall light for intensity throughout the site, measured in foot-candles. This plan shall demonstrate compliance with the lighting regulations of this UDC. 3. Specifications and details for the fixture type being proposed, including the total lumen output, type of lamp and method of shielding. 4. Any other information deemed necessary by the Director. 4.3.6 Utilities A. Utilities shall be located underground. B. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. C. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. 4.3.7 Encroachment on Public Rights-of-Way A. No building, structure, fence, service area, parking facility/area, loading area, except driveways and permitted utilities shall be permitted to encroach on public right-of-way. All permanent structures or inorganic objects that are placed near, but not within the right-of-way, shall be located as to not obstruct, hinder or impede the view or movement of pedestrian and vehicular traffic as to become a nuisance, danger or hazard to the public. 4.3.8 Posting of Addresses A. Each dwelling unit and place of business shall have light-reflective numbers of the address posted and maintained in a prominent place on the property visible from the street providing public access. B. The numbers shall be at least three (3) inches in height with a contrasting background. 4.3.9 Dumpsters and Service Areas A. This section shall not apply to community or public recycling bins or drop boxes; however, the location shall be determined by the Director in accordance with the standards herein. B. 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 view from adjacent property or street (not including an alley). 2. Screening shall 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. C. Dumpsters 1. Screening. a. All garbage dumpsters and other similar areas devoted to the storage of waste materials shall be screened on three (3) sides of said area with an enclosure of a minimum of eight (8) foot high, or two (2) feet taller than the highest point of the waste/grease container, compactor, or dumpster, whichever is greater, of solid masonry or decorative precast concrete walls. Fats, oils, and grease receptacles shall be provided within the enclosure. b. Bollards are required at the front of the enclosure walls to protect the enclosure from trash collection vehicles. c. The operable side of the dumpster shall be concealed with a gate equal to or higher than the height of the dumpster. The gate shall be opaque, have self-latching mechanisms, be of colors consistent with the principal building, and be constructed of opaque metal. Chain link gates with or without opaque slats are not permitted. d. Where dumpsters are adjacent to parking areas, a three (3) foot landscaped buffer shall be provided that does not impede access into and out of vehicles. 2. Location. a. The dumpster shall be located to the side or rear of buildings and oriented away from view from the street (not including an alley). b. The consolidation of trash areas between buildings is encouraged. Commented [EM69]: Discuss blanket screening requirement for utility service areas regardless of distance (GL) c. In no case shall loading activities hinder or obstruct the free movement of vehicles, and pedestrians over any street, sidewalk, alley, or interrupt parking lot circulation. d. Access to dumpsters shall be provided via a paved, dust-free surface. 3. The use of modern disposal and recycling techniques is encouraged. 4.3.10 Streetscape Standards A. Applicability. This Section shall apply to all parcels of land abutting any of the roadways known as Highway 138 West, Highway 42 North, Jodeco Road, Eagles Landing Parkway, Hudson Bridge Road, Rock Quarry Road, East Lake Parkway, East Atlanta Road, North Henry Boulevard, Patrick Henry Parkway, Country Club Drive, Flippen Road, Walt Stephens Road, Mount Zion Parkway, Campground Road and any other roadway having a classification of "collector" or a higher order. All property contained within any parcel subject to this Section on the effective date from which this Section is derived shall continue to be subject to this Section, even if the parcel is subdivided in the future. B. Streetscape Standards. The streetscape along the major highways arterial and collector roads shall be divided into three (3) distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be permitted at varying widths between five (5) and twenty (20)20 feet wide. The building frontage zone shall be provided between the edge of the pedestrian travel zone and the front façade of the adjacent building. The building frontage zone may be located within the public right-ofway as approved by the Director of Public Works or on private property 2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works, paved in concrete, and kept clear and unobstructed for the safe and convenient use of pedestrians. 3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover or flowering plants. The fixtures/planting zone shall be provided between the back of curb and pedestrian travel zone and located within the public right-of-way or as approved by the Director of Public Works. Within the fixtures/planting zone: a. Shall contain street trees planted in accordance with Section 13.84.7.4, Street Trees. b. Pedestrian scale street light fixtures shall be installed, and spaced between 40 and 60 feet apart. If a driveway or similar access drive would exists between two fixtures, with a pavement width greater than 30 feet as measured at the right-of-way line, the maximum distance between the lighting fixtures on each side shall be increased to 80 feet. c. Benches shall be required at all locations where the abutting parcel is zoned or used commercially. Benches shall be spaced no greater than 500 feet apart. d. At least one (1) trash receptacle shall be placed at each street intersection, and along roadways, as to be spaced no greater than 500 feet apart. e. Bicycle racks, each with the capacity to secure at least two (2) bicycles, shall be required at all locations where the abutting parcel is zoned or used commercially or for multi-family residential. Racks shall be spaced no greater than 500 feet apart. 4.3.11 Access Management and Connectivity. A. Purpose. The purpose of this Section is to set standards for the provision of access to development in a manner that preserves the safety and efficiency of the transportation system. The management of access is a means by which substantial public investment in the transportation system can be protected and the need for remedial measures eliminated or reduced. B. Access Management. 1. All developments shall have access to a public right-of-way. 2. When a tract fronts on a State highway, major arterial, or minor arterial street, a frontage street may be required for access to individual lots. 3. All residential lots in a subdivision shall only take direct access from within the subdivision. 4. Any access to a State highway shall be consistent with the requirements of the GDOT. 5. All street design and other development activities, including landscaping, shall be arranged on site so as to provide safe and convenient access for emergency vehicles. 6. Along thoroughfares, arterials, or collector streets, a deceleration lane, a turn lane, larger or reduced turning radius, traffic islands or other devices or designs, including traffic calming devices and designs, may be required to avoid specific traffic hazards which would otherwise be created by the proposed driveway location. The Director may require the submission of a traffic analysis based on the scale and scope of the project to determine required improvements. 7. No approval shall be granted for a subdivision, or subsequent phase or addition to an existing subdivision, unless the property is served by a paved county road, with right-of-way sufficient to meet the requirements of Chapter 16, Infrastructure Improvements. 8. Access points, whether private commercial/industrial drives or city or county roadways, shall line up directly across from one another when possible. Formatted: Heading 3, Indent: Left: 0", First line: 0", Space Before: 0 pt, After: 0 pt, Line spacing: single C. Number of Access Points. 1. In order to ensure emergency vehicle access, every subdivision with more than 20fifty (50) lots shall have at least two (2) continuously open points of ingress/egress from the existing street system. a. Where a subdivision is providing two (2) or more connections to the existing street system, the requirement for two (2) points of ingress/egress is met. The requirement for access shall not be satisfied by a stub-out to a future, planned, or platted street that has not been constructed b. A subdivision on a single, dead-end street, containing twenty (20)20 or fewer lots shall not be required to provide two (2) points of ingress/egress. Such streets must be designed to connect to existing, planned or platted streets with a stub-out, where applicable. c. Where a subdivision is allowed one (1) point of access, that entrance street shall be designed with a three (3) lane divided entrance street. The right turn lane shall be required to have a 75 radius to provide needed lateral separation between two (2) vehicles exiting at the same time. 2. Industrial and freight-oriented developments shall provide at least (2) continuously open points of ingress/egress. One open point shall be dedicated for employee passenger vehicle and the other for freight vehicles, where feasible. The right turn lane shall be required to have a 75 foot radius to provided needed lateraled separation between two (2) vehicles exiting at the same time. 3. Limitations. Within any zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be in accordance with Table 4.3.11.C, - Access Limitation Requirements. Table 4.3.11.C – Access Limitation Requirements Property Frontage Length Number of Access Points Up to 100 feet 1 101-200 feet 2 201 feet or more 2, plus 1 or additional as approved by the Director D. Additional Requirements. 1. Within any residential zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be subject to the following provisions: Commented [DS70]: Please clarify the required configuration of a “three (3) lane divided entrance street,” including the required number and direction of inbound/outbound lanes and whether a raised or landscaped median is required. Please confirm the intended 75-foot radius requirement in §§4.3.11.C.1.c and C.2 and coordinate with applicable engineering and Fire standards. Also specify the point and method from which the required radius is measured. [GL] Commented [DS71R70]: We recommend that the public works department confirm this information or provide what the typical street section would be a. At street intersections, no curb cut shall be located within 50 feet of the intersections of two (2) curb lines or such lines extended, or within 15 feet of the intersection of two (2) property lines extended. b. The distance between any two (2) curb cuts on the same side of the street and located on one (1) property shall be not less than 20 feet. Curb cut distance shall be measured between the points of tangency of the curb return radii and the established curb line of the abutting street. c. All driveways shall be constructed to be at least two (2) feet from any property line. d. The maximum width of any standalone driveway shall not exceed 20 feet measured at the right-of-way line. e. The maximum width of any curb cut, including curb returns, shall not exceed 30 feet. f. The sum of the two (2) curb return radii for any one (1) curb cut shall not exceed 15 feet. 2. Within any non-residential or mixed-use zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be subject to the following provisions: a. At street intersections, no curb cut shall be located within 50 feet of the intersections of two (2) curb lines or such lines extended, or within 15 feet of the intersection of two (2) property lines extended. a.b. All driveways shall be constructed to be at least five (5) feet from any property line. b.c. The maximum width of any driveway shall not exceed 40 feet measured at the right-of-way line. c.d. The maximum width of any curb cut, including curb returns, shall not exceed 50 feet. E. Driveway Separation. 1. For driveways/roadways that require an offset, the spacing between drives/roadways, whether on the same side or opposite side of the intersecting roadway shall be required to have the minimum centerline to centerline spacing requirements in accordance with Table 4.3.11.ED, Driveway Separation. Table 4.3.11.DE – Driveway Separation Posted Speed Limit Up to 30 mph 35 mph 40 mph Spacing Required 125 feet 150 feet 185 feet 45 mph 50 mph 55 mph 230 feet 275 feet 350 feet 2. For intersecting roadways that are not classified as collector or above and have posted speed limits thirty (30)30 miles per hour or less, private commercial/industrial driveways may be allowed to have a reduced offset requirement at the City’s or Henry County Department of Transportation's discretion. F. Proposed Streets. 1. All proposed streets shall be continuous and in alignment with existing, planned, or platted streets. 2. Proposed streets shall be extended to the boundary lines of the tract to be developed or subdivided, unless prevented by topography or other physical conditions. G. Joint Access. 1. Joint access driveways and cross access easements shall be in accordance with the following provisions: 2. Adjacent commercial or office properties shall provide a cross access drive and pedestrian access to allow circulation between sites through a system of joint use driveways and cross access easements. The design of the joint or cross access area shall incorporate the following: a. A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation; b. Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service driveStubbing a connection to the adjacent parcel at the property line; and c. Sufficient separation between side street access to the property and the major road to ensure safety. 3. In order to ensure continuous availability of access to all properties, all property owners shall: a. Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive; b. Record an agreement with the deed that remaining access rights along the thoroughfare shall be dedicated to the city and pre-existing driveways shall be closed and eliminated after construction of the jointuse driveways; and c. Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners. 4.4 Architectural Guidelines 4.4.1 General Requirements A. Design Composition. 1. The exterior design of buildings should be complementary with the prevalent architectural features of the surrounding neighborhood, block, or street, especially in areas that have established and recurring architectural exterior patterns and features, 2. Materials shall be selected for their suitability to the type of building and design for which they are used. Any piecemeal embellishment and frequent changes in material should be avoided. 3. All sides of the building shall use materials that are consistent with those on the front façade, if they are visible from public streets or neighboring properties; and they shall be carefully designed with similar detailing, comparable quality, and compatible materials. B. Exterior Finish Materials. 1. Exterior finish materials shall be identified in the approved Exterior Finish Materials List maintained by the Planning and Zoning Department. All exterior walls (not including windows and doors) for all new construction shall consist of the following permitted building materials, as applicable: a. Brick, or brick veneers, except that only natural brick may be used for residential buildings. Brick veneer walls shall use full-depth brick; b. Natural stone such as, but not limited to, granite, limestone, and acid marble. Terra cotta or cast stone which simulate natural stone are also acceptable. Painted stone and stone veneers are not allowed; c. Split-face block/concrete masonry unit (CMU) is restricted to a maximum of 20% of the façade; d. High-grade stucco; e. Natural wood or cementitious fiberboard siding; f. Glass. Glazing shall be clear or slightly tinted (not opaque nor highly reflective) glass; g. Vinyl siding with a nominal thickness of forty-six one-thousandth (0.046) inches; or h. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. 2. Prohibited exterior materials, unless allowed herein, include: a. Non-architectural metal panel systems; b. Softwood plywood grade B or lower, oriented strand board and particle boards; c. Unfinished cast-in-place or precast concrete vertical elements (e.g., walls, columns, exposed elevated slab edges); Formatted: Font: Bold Formatted: Font: Bold Commented [DS72]: Built this in to allow for the department to maintain a “look book” of approved or used materials d. Exposed concrete block; e. Aluminum siding; or f. Metal screens or bars covering window openings. f. Formatted: Normal 4.4.2 Requirements for Industrialized or Modular Homes A. A dwelling unit manufactured in accordance with Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs shall meet the following standards: 1. A minimum width in excess of 12 feet. 2. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 3. A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every 12 inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this ordinance may be extended, enlarged, or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the previous building permit. 4. A minimum roof overhang of 12 inches is required. All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles. Other roof materials may be used where specifically approved by the Director. 5. A curtain wall, un-pierced except for required ventilation and access, shall be installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches and shall be constructed of masonry or similar material. 6. The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirement of the Standard Building Code. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service. 7. Utility meters shall be mounted to the structure rather than on a utility pole. 8. A landing shall be installed at each doorway. The minimum size of the landing shall be four (4) feet by six (6) feet (excluding steps) at each doorway. The structure shall include steps which lead to ground level, and both landing and steps shall meet the requirements of the Standard Building Code. 9. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. 10. The dwelling shall be installed in accordance with O.C.G.A. § 8-2-110 et seq., and the rules promulgated thereunder. 4.4.3 Requirements for Manufactured Homes A. A dwelling unit manufactured with the Secretary of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, shall meet the following development standards: 1. A minimum width of 12 feet. 2. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 3. Any dwelling unit for which a building permit was obtained prior to the adoption of this ordinance may be extended, enlarged, or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the previous building permit. 4. A curtain wall, un-pierced except for required ventilation and access, shall be installed so that it encloses the area located under the home to the ground level. Such a wall shall be non-load bearing and have a minimum thickness of four (4) inches when constructed of masonry, brick, stone finish, or similar material. When metal or molded curtain walls are used, they must be attached to treated wood framing that is no more than 24 inches on center or metal channel framing. 5. The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirement of the Standard Building Code. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service. 6. All axles, tongues, and transporting and towing apparatus shall be removed before occupancy. 4.4.4 Requirements for Single-Family Detached and Attached (includes duplex, triplex, quadraplex, and townhomes) A. Design Composition. 1. The front facades shall include at least two of the following architectural modulation and details: a. Varied materials and wall planes; b. Varied roof forms and roof lines; c. Balconies; d. Porches; e. Bay windows; f. Varied window sizes and shapes; g. Shutters; h. Entrance doors; i. Sidelights; j. Pilasters; k. Varied garage door designs; l. And other features as approved by the Director. 2. Identical facades shall not be used for more than two (2) dwellings or buildings on the same block face, or for buildings that face each other across a street. For townhomes, identical façade designs must not be used for more than six (6) on the same block face, or for buildings that face each other across a street. Differentiation between adjacent facades may be accomplished by a change in materials, building height, color, or roof form. 3. The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. In cases where homes fall off in grade toward a basement condition, the brick or stone water table shall be extended along the sides and rear to achieve the same height as exists on the front of the home. 5. Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Code, shall be enclosed by masonry blocks or bricks joined by mortar, or poured concrete walls having a minimum height of 18 inches and a minimum width of six (6) inches. Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri 6. Garages. a. A minimum of two (2) car garages shall be required for all single-family detached residential structures. Side or rear entry garages shall be required. b. Two (2) car garages are required for each unit of a duplex. B. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, glass, stucco, shake, wood, or cementitious fiberboard siding. 2. Buildings in the CCR zoning district are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. C. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. The minimum roof pitch of a single-family home shall be 4:12. Porches, stoops, and dormers are exempt from this requirement. D. Mechanical Equipment Screening. 1. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. 4.4.5 Requirements for Single-Family Detached and Attached (townhomes) A. Design CompositionArchitectural Image and Character. 1. Townhome developments shall be designed to maintain a high-quality residential character through appropriate building massing, architectural detailing, materials, and façade articulation. These standards are intended to Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, Bold Formatted: Font: (Default) Calibri Formatted: Font: Formatted: Font: promote durable, attractive, and compatible development while allowing flexibility in architectural style, provided the minimum requirements of this section are satisfied. 1. The front facades shall include at least two of the following architectural modulation and details: a. Varied materials and wall planes; b. Varied roof forms and roof lines; c. Balconies; d. Porches; e. Bay windows; f. Varied window sizes and shapes; g. Shutters; h. Entrance doors; i. Sidelights; j. Pilasters; k. Varied garage door designs; l. And other features as approved by the Director. 2. Identical facades shall not be used for more than two (2) dwellings or buildings on the same block face, or for buildings that face each other across a street. For townhomes, identical façade designs must not be used for more than six (6) on the same block face, or for buildings that face each other across a street. Differentiation between adjacent facades may be accomplished by a change in materials, building height, color, or roof form. 3. The dwelling shall be attached to a permanent foundation. The foundation shall be concrete or masonry blocks joined by mortar or both. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. In cases where homes fall off in grade toward a basement condition, the brick or stone water table shall be extended along the sides and rear to achieve the same height as exists on the front of the home. 5. Any building having its finished floor entirely above grade, except for a basement, as defined in the International Building Code, shall be enclosed by masonry blocks or bricks joined by mortar, or poured concrete walls having a minimum height of 18 inches and a minimum width of six (6) inches. 6. Garages. a. A minimum of two (2) car garages shall be required for all single-family detached residential structures. Side or rear entry garages shall be required. b. Two (2) car garages are required for townhomes and for each unit of a duplex. B. Design Composition. Formatted: Font: Not Bold 1. Building design shall incorporate durable, high-quality exterior materials that are compatible with the architectural character of the surrounding area. 2. Primary exterior materials shall consist of brick, natural stone, stucco, or cementitious fiber cement siding. Natural stone is preferred; however, manufactured stone may be permitted when approved by the Community Development Department and determined to be of comparable quality and appearance. 3. Rear elevations shall be constructed of brick, stone, stucco, cementitious fiber cement siding, or another approved material that is architecturally compatible with the front façade. 4. Exterior colors shall consist of a cohesive and complementary color palette. 5. Bright, fluorescent, or highly reflective colors shall be prohibited except as minor accent colors approved by the Community Development Department. 6. Front elevations and elevations facing a public street or common open space shall incorporate a minimum of three (3) exterior materials and three (3) complementary colors. 7. Interior side and rear elevations shall incorporate a minimum of two (2) exterior materials and two (2) complementary colors. 8. Two (2) car garages are required. 9. Brick, stone, wainscot, or other approved primary façade materials shall wrap a minimum of two (2) feet around all exterior building corners. 10. Primary façade materials shall extend the full width of each front elevation and any elevation facing a public street or common open space. 11. Material transitions shall occur at logical architectural breaks and shall not terminate abruptly at outside corners. B.C. Exterior Finish Materials. 1. The front façade of each townhome dwelling unit shall be comprised of not less than 75% percent brick. The remaining 25% percent of the front façade may consist of stone, stucco, cementitious fiber cement siding, shake, or other materials approved by the Unified Development Code. a. For purposes of calculating façade materials, doors, windows, garage doors, gables, and eaves shall not be included in the calculation. Formatted: Font: Not Bold 1. Exterior building materials shall be primarily brick, stone, other masonry, glass, stucco, shake, wood, or cementitious fiberboard siding. 2. Buildings in the CCR zoning district are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 2. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. The front and side façades of each dwelling unit shall consist of primary exterior materials, including brick and/or stone, together with complementary secondary materials such as stucco, shake, or cementitious fiber cement siding, provided that cementitious fiber cement siding shall not exceed 30% percent of the total exterior wall area. 3. The rear elevation may consist of brick, stone, stucco, cementitious fiber cement siding, or a compatible combination of these materials. All exterior materials shall be architecturally compatible with the front façade. 3.4. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all townhome dwelling units, including gables and eaves, unless otherwise expressly permitted by this Unified Development Code. D. Building Features. Formatted: Font: Bold 1. The primary entrance to each townhome building shall be clearly identifiable and emphasized through the use of an appropriately scaled architectural feature, such as a porch, portico, canopy, recessed entry, or similar architectural element. 2. Canvas or fabric awnings shall not be permitted at primary building entrances unless specifically approved by the Community Development Department as an integral component of the building's architectural design. 3. For multifamily-style townhome buildings with a common entrance, the primary entrance shall provide direct access to a vestibule or interior lobby. 4. Each dwelling unit shall include either a functional balcony or, for ground-floor units, a private patio or other usable outdoor living space. 5. Juliet balconies may be permitted when architecturally integrated into the overall building design. 6. Exterior elevated walkways, exterior landings, and exterior common stairways providing primary access to individual dwelling units shall be prohibited. E. Architectural Details and Orientation. Formatted: Font: Not Bold Formatted: Font: Not Bold 1. Where thin veneer brick or manufactured stone is utilized as an exterior finish material, the material shall wrap around exterior building corners a minimum of 24 inches or terminate at an inside corner to provide the appearance of fulldepth masonry. 2. Trim surrounding windows, doors, building corners, rooflines, and changes in exterior materials shall be architecturally proportionate and shall have a minimum nominal width of four (4) inches. 3. Trim colors shall complement or appropriately contrast with the primary exterior building materials. 4. Where shutters are provided, they shall be proportionate to the adjacent window opening and sized to appear functional. 5. Roof eaves and overhangs shall project a minimum of 12 inches, unless an alternative architectural treatment is approved by the Community Development Department C.F.Roof RequirementsMassing and Roof Forms. 1. Townhome buildings shall not exceed two and one-half (2½) stories in height when viewed from the fronting public or private street. Any above-grade parking level visible from the street shall be considered a story and shall be included in the maximum building height calculation. 2. Townhome buildings shall incorporate pitched roofs. Acceptable roof forms include gable, hip, shed, or similar residential roof styles. False parapets or other architectural elements intended solely to conceal a pitched roof or create the appearance of a flat roof shall be prohibited. 3. Dormers, where provided, shall be functional, proportionate to the building, and architecturally integrated into the overall design. Dormers used to conceal mechanical equipment may be permitted, provided they remain consistent with the architectural character of the building. 1.4. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. The minimum roof pitch of a single-family home shall be 4:12. Porches, stoops, and dormers are exempt from this requirement. D.G. Mechanical Equipment Screening. 1. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: Formatted: Font: Not Bold a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. H. Maintenance. 1. All exterior architectural features, building materials, landscaping, and design elements required by this section shall be maintained in good repair throughout the life of the development. Replacement materials shall be substantially similar in appearance, quality, and design to the originally approved materials unless otherwise approved by the Community Development Department. I. Review and Approval. 1. Architectural elevations and site plans shall be reviewed by the Community Development Department as part of the applicable development review process, including site plan approval, subdivision approval, or other applicable development applications. Approval of the architectural elevations shall be required prior to the issuance of any land disturbance or building permit. J. Site Development Standards. 1. Landscaping shall comply with the applicable provisions of Chapter 13, Buffers, Landscaping, and Tree Protection, of the UDC. b.2. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy unless an alternative installation schedule or financial guarantee is approved by the City in accordance with the Unified Development Code. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: (Default) Calibri, Ligatures: None 4.4.5 Requirements for Multi-Family Residential (includes apartments and condominium buildings) A. Design Composition. 1. Building designs shall incorporate at least two (2) of the following features. The maximum wall length without façade features shall not exceed 30 feet. a. Columns; b. Windows; c. Doors; d. Balconies; e. Pilasters; f. Changing rooflines; g. Cornice; h. Porch entrances; i. Tower elements; j. Architectural patterns and texture; k. Cupola; or l. Dormers. 2. For buildings 100 feet or more in length, at least two (2) portions of the streetfacing façade must have a wall projection or recess which are a minimum of three (3) feet in depth and a minimum of 20 contiguous feet long. The combination of the required variations in setback must total no less than 20% of the length of the building. 3. Window systems shall be recessed from the façade of the building a minimum of three-quarters (0.75) inches. This reveal may be achieved through the design of the window casing reveals and frames, the use of a brick sill, or recessing the front face of the upper sash from the exterior wall plane. Alternative detailing that achieves a similar degree of depth and visual articulation may be approved by the Director. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. 5. The building design shall include a minimum of a one (1) foot deep cornices along the entire front facade of the building and extending for a distance of at least ten (10) feet along the sides of the building. B. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 2. Buildings in the MFR zoning districtStand-alone multi-family buildings are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. Roof Requirements. C. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. Roof Types. a. Mansard roofs shall have a maximum pitch of 12:12 and a minimum twelve-foot vertical surface length. b. Flat roofs shall include parapet articulation on the front facade(s) of such building. c. Green roofs hall be highly recommended and will be reviewed on a case-by-case basis. d. Gable roofs shall have a minimum roof pitch of 4:12. Porches, stoops, and dormers are exempt from this requirement. D. Site Requirements. 1. All entrance and exit driveways shall be paved with asphalt, concrete or pavers. 1. 2. Continuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage. 2. 4.4.6 Requirements for Non-Residential (includes mixed-use, commercial, institutional, industrial, etc.)4.4.6 Requirements for Non-Residential (includes mixed-use, commercial, institutional, industrial, etc.) A. All buildings constructed within a MUS, MU, PUD, C-1, C-2, OI, LI, or HI zoning districts shall meet the development standards and the appearance standards set forth in this section. “Buildings” shall include all commercial, office, institutional, and industrial buildings. B. Design Composition. 1. Building designs shall incorporate at least two (2) of the following features: a. Columns; Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri b. Storefront; c. Windows; d. Piers; e. Pilasters; f. Changing rooflines; g. Variation in setback of the facades; h. Cornice; i. Tower element; j. Architectural Patterns and Texture; k. Cupola; or l. Dormers. 2. For buildings 100 feet or more in length, at least two (2) portions of the streetfacing façade must have a wall projection or recess which are a minimum of three (3) feet in depth and a minimum of 20 contiguous feet long. The combination of the required variations in setback must total no less than 20% of the length of the building. 3. Building designs shall integrate at least one (1) material changes and color variation averaged over each façade. Buildings with facades longer than 100 feet shall have an articulated façade that incorporates at least one (1) significant modulation that includes a variation in setback of the facades and/or color and texture change. 4. All windows shall be consistent with the decorative façade design, considering materials and colors. 5. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each 6. For any multi-tenant commercial development, a covered arcade/structural canopy shall be provided along the front facade of the building. It shall be a minimum of five (5) feet in width and designed to provide covered areas for relief from the weather. Different arcade/structural canopy designs may be used for each individual tenant/business within a multi-tenant commercial development provided that they blend aesthetically with the front facade of the building and has the approval of the building owner and the Director. 7. A pedestrian entrance which faces an abutting public street, or the nearest public vehicular access drive if there is no abutting public street. This pedestrian entrance shall be a primary entrance that is open to guests or customers during the hours of operation of the subject building. C. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, stucco, or EIFS. 2. Commercial and mixed-use buildings in the MUS, MU, PUD, C-1, C-2, or OI zoning district are required to be at least 785% brick or stone of the façade area onn all four (4) facades of the building. with the remainingThe remaining 15% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facadefaçade areas shall be constructed of metal or steel. For the purposes of these calculations, “façade area” includes the area of parapets, windows, and doors. 3. Industrial buildings in the MUS, MU, PUD, LI, or HI zoning district shall maintain a decorative façade on that portion of the building that faces all public streets. The decorative facade shall consist of brick, masonry, and/or wood. Glass may be used in combination with brick, masonry, and/or wood. Commented [EM73]: Potentially clarify calculation language (GL): Please clarify how windows, doors, storefront glazing, and other openings are treated when calculating the required 85% brick or stone façade coverage. Consider specifying whether the percentage is calculated based on gross façade area or net opaque wall area excluding openings. 4. Facade colors and materials shall be limited to three (3) per facade face. They shall either be complementary to the materials that are already being used in the neighborhood; or, if dissimilar materials are being proposed, other characteristics such as scale, proportion, form, architectural detailing, color, and texture shall be sued to ensure that the building related to the rest of the neighborhood. 5. All facades that are visible form a public street or park/open space shall utilize high-quality finish materials. 6. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. D. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the Director. 2. Metal roofing, if utilized, shall consist of standing seam metal roofing with a minimum 29-gauge rating. The metal must be covered with acceptable materials. 3.2. Roof Types. a. Mansard roofs shall have a maximum pitch of 12:12 and a minimum twelve-foot vertical surface length. b. Flat roofs shall include parapet articulation on the front facade(s) of such building. c. Green roofs hall be highly recommended and will be reviewed on a case-by-case basis. Commented [EM74]: Clarify what this means (GL) – what needs to be covered, and what is “acceptable materials”? Commented [DS75R74]: Since we allow other roof materials approved by the Director I have removed this to be determined by the director. d. Gable roofs shall have a minimum roof pitch of 4:12. Porches, stoops, and dormers are exempt from this requirement. E. Site Requirements. 1. Street level retail uses with sidewalk frontage shall provide an entrance to the building from the sidewalk in addition to any other access that may be provided to the building. 2. All entrance and exit driveways shall be paved with asphalt, concrete or pavers. 3. Continuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage. 4.4.7 Establishments over 40,000 Square Feet (large-scale retail centers) A. Purpose. This section is intended to provide design standards for uses located in largescale commercial buildings. The purpose is to ensure the compatibility of large buildings and their associated impacts with the surrounding area, and to avoid large, undifferentiated building walls. B. Applicability. Establishments having more than forty thousand (40,000)40,000 square feet of floor area shall comply with the design standards contained in this section in addition to those contained in Section 4.4, Architectural Guidelines and in addition to the site design standards of the underlying zoning district. The size threshold refers to an individual establishment and any associated outdoor areas used for display or storage. C. Building Design Standards. Building design shall meet the standards below in Table 4.4.7.C, Building Design Standards for Establishments over 40,000 square feet. Table 4.4.7.C – Building Design Standards for Establishments over 40,000 square feet DEVELOPMENT STANDARD FEATURE Design Composition • Arcades, display windows, entry areas, or awnings shall be provided along at least 60% of the facade. • A repeating pattern of color, texture, or materials change is required. Roof and roof line • Provide a change in height every 100 linear feet of building length. • Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. D. Site Design Standards. Site design shall meet the standards below in Table 4.4.7.D, Site Design Standards for Establishments over 40,000 square feet. Table 4.4.7.D – Site Design Standards for Establishments over 40,000 square feet DEVELOPMENT STANDARD FEATURE Formatted: Underline Commented [DS76]: Please confirm whether the existing standards governing outside storage/display and seasonal sales for establishments over 40,000 square feet have been relocated elsewhere in the proposed UDC. These provisions do not appear in Table 4.4.7.D. [GL] Commented [DS77R76]: Outdoor display/storage is under 3.2.27 • Parking • Shall not exceed 110% of the parking standard provided. At least 20% of the required parking shall be provided in pervious pavement, grass, gravel, turf block, or similar material. • • Loading Docks • • Structured parking is strongly encouraged. Shall be screened from view from adjacent properties and from the public right-of-way; Shall be located in the side or rear of the building or lot; Shall be set back a minimum of 100 feet from any residentially zoned property. Dumpsters • Enclosed with materials compatible to the principal building, except for an access gate, and screened from view from adjacent properties and from the public right-of-way. • • Formatted: Font: 12 pt Open space A minimum of 20% of the site shall be landscaped open space. Formatted: Font: 12 pt Decorative walkways within landscape medians and around larger parking pods are required for every five (5) drive or parking aisles to provide safety and space for pedestrians. A drive or parking aisle shall include both sides available for parking. If required within a site, the material for these connections shall be a decorative paving material (i.e., stamped or textured concrete, pavers, or color concrete) to delineate the pedestrian crossing. A pedestrian connectivity plan must be approved by the Director. This plan must provide the proposed pavement design, indicate proposed pedestrian walkways within the site, and indicate connections to other sites. Formatted: Font: 12 pt Pedestrian Access • • 4.4.8 Mechanical Equipment A. Exemptions. Free-standing or roof-mounted renewable energy systems such as solar panels are exempt from these screening requirements, where such screening would interfere with the function of said renewable energy systems. Exemptions shall be reviewed and approved by the Director. B. Roof-Mounted Equipment. 1. Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent street (not including an alley) through one of the following techniques: a. Enclosing the utility within a roof that is integrated into the building form; b. Locating the utility within an enclosed mechanical penthouse whose materials and detailing complement the building architecture; Formatted: Font: (Default) Calibri Formatted: Font: 12 pt Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: 10 pt Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri, 12 pt c. Locating the utility far enough from the parapet so as to be effectively invisible from adjacent public rights-of-way. 2. Roof-mounted equipment shall be compatible with the principal building in terms of texture, quality, material, and color. C. Wall-Mounted Equipment. 1. Wall-mounted equipment shall not be located on any surface that directly faces a street (not including an alley). 2. 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. D. Ground-Mounted Equipment. 1. Ground-mounted equipment screening shall be as high as the highest point of the equipment being screened. 2. Screening shall consist of landscaping or an opaque screen of brick, wood, or masonry materials compatible with the principal building or landscaping. CHAPTER 5: PARKING REQUIREMENTS 5.1 Purpose A. The intent of this Chapter is to ensure the appropriate location, quantity, and quality of off-street parking and loading areas and to ensure that all developments provide adequate and safe storage and movement of vehicles consistent with safe and inclusive site design principles. 5.2 Applicability A. Except as provided in this Chapter, no application for a building permit shall be approved unless there is included with the plan for such building, improvements, or use, a development plan showing the arrangement and quantity of spaces reserved for offstreet parking and loading. If no building permit is required prior to the commencement of a particular land use, compliance with the requirements of this Chapter shall be determined prior to the issuance of a Certificate of Occupancy (C.O). B. Each use of land and each building or structure hereafter constructed or established, and each addition to a structure shall provide off-street parking and loading according to the standards set forth herein. C. When an addition is made to a building containing less than the required parking or loading requirements, an adequate quantity of off-street parking shall be provided for the entire site. D. No addition to an existing building shall be constructed which reduces the number of spaces, area, or usability of an existing parking lot or loading space, unless such building and its addition conform with the regulations for parking and loading contained herein. E. With the exception of restriping parking lots or other routine maintenance which does not result in a reconfiguration of the parking spaces, any modification to existing offstreet parking and loading facilities shall conform to the requirements of this Chapter. 5.3 Maintenance A. All off-street parking and loading areas shall be well maintained. Parking lots and loading areas shall be free of potholes, debris, weeds, broken curbs, and broken wheel stops. B. Signs located within parking lots and painted lines for parking lots and buffers shall be well maintained. 5.4 General 5.4.1 Location A. The required accessory off-street parking facility shall be located on the same lot as the use for which it is provided or on a lot within 400 feet of the nearest boundary of the lot upon which the use is located measured by the shortest distance separating the sites. B. No required parking shall be permitted in any required landscape area or buffer. C. Single-family and Two-Family Dwellings. Parking areas that serve detached singlefamily and two-family residences shall be located on-site and shall meet the following requirements: a. Unenclosed parking spaces may occupy a side yard, and no more than fifty percent (50%)50% of a required rear yard. b. A maximum of two (2) spaces may be permitted adjoining the entrance to a front entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists. c. Garage and carport spaces shall be considered parking spaces. D. Townhomes Developments Parking areas that serve townhouses shall adhere to the following requirements: a. Unenclosed parking spaces may occupy a side yard, and no more than fifty percent (50%)50% of a required rear yard. b. A maximum of two (2) spaces may be permitted adjoining the entrance to a front entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists. c. Garage and carport spaces shall be considered parking spaces d. No off-street parking space or driveway shall be located within ten (10) feet of any property boundary, except for portions of a driveway intended to connect a garage or carport to the street, rather than for parking. E. Multi-Family Developments. Parking areas that serve multi-family residences shall adhere to the following requirements: a. Parking areas be prohibited within the required setback for the front yard and the side corner yard. b. Driveways shall not be located nearer than ten (10) feet to any side or rear property line. c. No off-street parking space shall be located within 25 feet of any side or rear property line adjacent to a single-family residence, nor within ten (10) feet of any other property line. F. Non-Residential. Parking areas that serve non-residential land uses shall adhere to the following requirements: a. Parking areas shall be prohibited within the required setback for the front yard and the side corner yard. b. No off-street parking shall be permitted within 25 feet of any property line which adjoins a single-family residential district or use. 5.4.2 Vehicle Parking in Residential Districts A. Commercial Vehicle Parking. 1. Except as provided herein, no open parking, open storing, or maintaining of any commercial vehicle shall be allowed to park on any residential lots, residential complexes, developments, or subdivisions, and in all residential zoning districts. B. Exceptions. 1. Any commercial vehicle actively engaged in loading or unloading of merchandise or passengers or actively servicing a customer. 2. Any government vehicle or other vehicle used for the primary purpose of transporting children to and from non-profit organizations, or state licensed accredited schools may park in said districts provided that such vehicle is not parked on any public street and is parked in the side or rear yard behind the main building line of the driver's dwelling. 3. Trucks used in farming the property on which they are located, or trucks used in conjunction with a permitted use. 4. Trucks under four (4) tons in empty weight. C. Recreational Vehicle (RV), Equipment, Truck, and Trailer Parking. 1. Except as provided herein, no motorized or non-motorized recreational vehicles, equipment, or trailers shall be parked or stored on any residential lots, residential complexes, developments, or subdivisions, and in all residential zoning districts for more than 24 hours unless one of the following conditions is satisfied: a. The motorized or non-motorized recreational vehicle, equipment, or trailer is parked in a side or rear yard behind the main building line in accordance with other sections of this ordinance. b. The motorized or non-motorized recreational vehicle, equipment, or trailer is parked under a carport or in an enclosed building. 2. In the case of a corner lot, no vehicles may be parked or stored in the side yard on the street side of the lot. 3. The Director is authorized to allow such equipment to be used as living quarters in the following situations, provided that adequate documentation is provided prior to establishing them: a. Family hardships and catastrophic events. b. Temporary dwelling when a primary structure is being built or modified on the same property. c. No more than one (1) such vehicle is allowed to be occupied on-site at any one (1) time. No separate permanent utility hook-ups or fixtures may be installed at any time. Furthermore, no recreational vehicle shall create a safety hazard, including blocking, or otherwise obstructing, public rights-of-way or sidewalks. Such equipment may be used for a period not to exceed ninety (90)90 consecutive days. 5.5 Parking Calculation Requirements A. Fractional Measurements. When units or measurements determining number of required off-street parking spaces result in the requirement of a fractional space, then such fraction shall be rounded up to the next whole number. B. Where the unit of measure for determining the number of parking spaces is the number of seats in a facility, the number of seats shall be the maximum occupancy allowed pursuant to building and construction codes. C. When multiple uses occupy a building, or a mixed-use development is proposed in separate buildings under unified control, the parking and loading requirement shall be met by each use, unless shared parking is approved according to the standards in this Chapter. D. In the case of a mixed-use building, the minimum amount of parking required shall be that of the use that provides the greatest number of spaces. E. Minimum Space Requirements for Uses Not Identified. Where the need for parking of a particular use is uncertain due to unknown/unusual operating characteristics or where the use is not specifically identified in the Parking Calculation Table, the Director shall determine the most similar land use provided in the table and apply the parking regulations therein 5.6 Required Parking Spaces and Loading Spaces A. Unless otherwise expressly stated in this UDC, parking ratios shall be as per the Table 5.6.A – Parking Ratios. B. Unless otherwise expressly stated in this UDC, parking ratios shall be as per the Table 5.6.B – Loading Space Requirements. Table 5.6.A – Parking Ratios Land Use Group Land Use Examples (including but not limited to) Adult entertainment establishments Assembly places with fixed seating Assembly places without fixed seating Auto dealerships, sales & service Child care and kindergartens Churches and other places of worship Clubs and lodges Stadiums/auditoriums 1 per 4 fixed seats Theaters/amphitheaters Meeting halls 3 per 100 sq. ft. of Libraries assembly room space New car sales 6 per 1,000 sq. ft. Used car sales Service and parts Day care centers 1 per classroom or Pre-school activity room 1 per 20 sq. ft. of space in the main assembly area(s) Country clubs Fraternal organizations Club with golf course Commercial, amusement, outdoor Minimum Parking Quantity Requirement 10 per 1,000 sq. ft. 5 per 1,000 sq. ft. 50 per 9 holes + 1 per 1,000 sq. ft. Amusement parks Skateboard parks Batting cages 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats; Maximum Parking Quantity Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per fixed seat 6 per 100 sq ft of assembly room space 12 per 1,000 sq ft 3 per classroom or activity room Parking shall not exceed 150% of the Minimum Requirement 10 per 1,000 sq ft Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement Custodial care Assisted living Dance studios Dormitories and related Festivals, outdoor Financial institutions Dormitories Fraternity houses Sorority houses Boarding houses Horse shows Carnivals Dog shows Arts and crafts Banks Credit unions Brokerage houses Funeral homes 1 per 3 fixed seats, plus 1 for each 25 sq. ft. in the largest assembly room 50 spaces per 9 holes Golf course, public and private, without club facilities Health care facilities Hotels and motels plus 10 per 1,000 sq. ft. of ground area identified for recreation and assembly 2.5 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 10 spaces per 1,000 Parking shall not sq. ft. exceed 150% of the Minimum Requirement 1 per bedroom Parking shall not exceed 150% of the Minimum Requirement 2 per 1,000 sq. ft. of Parking shall not ground area exceed 150% of the identified for Minimum festivals and music Requirement festivals related seating 5 per 1,000 sq. ft. 10 per 1,000 sq ft Hospitals Out-patient clinics Convalescent home Nursing home Apartment hotels Hotels Motels 1 per 4 beds, plus 1 per 3 employees 1 per room Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per bed Parking shall not exceed 150% of the Minimum Requirement Industrial and manufacturing Assembly plants Fabrication plants Factories Laboratories, Experimental labs scientific and related Fabrication plants Factories Medical offices Dental offices Related facilities Doctor's offices Veterinary offices Clinics Mini-warehouses 1 per 2,000 sq. ft. 3 per 1,000 sq ft 1per 2,000 sq. ft. 3 per 1,000 sq. ft. 4 per 1,000 sq. ft. 8 per 1,000 sq ft 1 per employee, plus 1 per 5,000 sq. ft. Offices, general 3 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement Personal service establishments Freestanding offices Office towers Office parks Offices associated with other uses Barber shops Beauty parlors Laundromats/dry cleaners Race track Recreational facilities, indoor Recreation, private Billiard parlors Game rooms Arcades Skating rinks Physical fitness centers Museums Bowling alleys Sports court Swimming pool 5 per 1,000 sq. ft. 12 per 1,000 sq ft 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats, plus 10 per 1,000 sq. ft. of other spectator area 5 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 4 per court 6 per adult swimming pool , plus 1 per 15 dwelling units beyond 60 served 8 per court Parking shall not exceed 150% of the Minimum Requirement 10 per 1,000 sq ft Recreation, public Sports Courts Playing Fields Driving Range Miniature golf Swimming pool 4 per court 50 per field 2 per tee 20 per 18 holes 20, plus 1 per 50 sq. ft. of pool area 3 spaces per 2,000 sq. ft. of building floor area and 2 spaces per outdoor recycling collection container; plus loading spaces 21 space per dwelling unit, plus 1 guest parking space per 5 dwelling units 2 space per dwelling unit, plus 1.4 guest parking spaces (studio or 1 bedroom); 2 guest parking spaces (2 bedroom); 2.25 guest parking spaces (3 bedroom) 1 per dwelling unit 2 per dwelling unit 2 per dwelling unit 8 per court 100 per field 4 per tee 40 per 18 holes 40, plus 1 per 50 sq. ft. of pool area Parking shall not exceed 150% of the Minimum Requirement 1. per dwelling unit 1.5 per dwelling unit 2 per dwelling unit, plus 2 guest parking spaces per unit Detached dwelling 2 per dwelling unit , Duplexes plus 1 guest parking Mobile homes space per 5 dwelling Townhouses units Tiny homeuse residence 1 space per dwelling unit, plus 1 guest parking space per 5 dwelling units 2 per dwelling unit 3 per dwelling unit 4 per dwelling unit Recycling centers Residential, cottage court cluster developmentvillage development Cottage homecourt residence Residential, townhome Residential, multifamily (fewer than 40 units/acre) Residential multifamily high-rise (40 + units/acre) Residential, singlefamily Residential, tiny house village development 1 bedroom or efficiency unit 2 bedroom unit 3 bedroom unit 1 bedroom or efficiency unit 2-bedroom unit 3-bedroom unit 33 spaces per dwelling unit Formatted: Font: 12 pt 2 per dwelling unit 3 per dwelling unit 4 per dwelling unit Not applicable 33 spaces per dwelling unit Residential, retirement home Restaurants, nightclubs and taverns (including outdoor seating) Retail establishments Salvage, storage and/or junk facility Schools Service and repair establishments Service stations and automotive repair centers Warehousing and storage Retirement homes Retirement village Cafeterias Bars Dance clubs Restaurants Music clubs Bistros Boutiques Shops Stores Rental services Art galleries Food stores Junior High Elementary Middle Secondary High Colleges/Business colleges Tech/universities/trade Conservatories Appliance repair shops Bicycle repair shops Shoe repair shops General repair centers Automotive garages Paint and body shops Tire centers Service stations Commercial storage Distribution centers Table 5.5.B – Loading Space Requirements Type of Use Gross Floor Area (sq. ft.) Single retail establishment services 0 to 19,999 20,000 to 49,999 1per dwelling unit 4 per dwelling unit 6 per 1,000 sq. ft. 20 per 1,000 sq ft 5 per 1,000 sq. ft. 10 per 1,000 sq ft 2 spaces per gross acre 2 per classroom 6 spaces per gross acre 6 per classroom 10 per classroom 20 per classroom 8 per classroom or auditorium 30 per classroom or auditorium 5 per 1,000 sq. ft. 10 per 1,000 sq ft 5 per 1,000 sq. ft. 10 per 1,000 sq ft 1 per 2,000 sq. ft. 2 per 1,000 sq ft. Minimum Loading Space Quantity Requirement 0 1 Shopping centers 50,000 to 250,000 Greater than 250,000 0 to 19,999 20,000 to 49,999 50,000 to 100,000 Greater than 100,000 Office buildings Apartment building over four stories Hospitals, health care establishments Hotels and motels Manufacturing, warehousing, wholesaling, and similar land uses 0 to 999,999 1,000,000 to 2,000,000 Greater than 2,000,000 Recycling centers N/A 0 to 14,999 15,000 to 39,999 40,000 to 80,000 Greater than 80,000 2 3 0 1 2 3, plus 1 per each additional 100,000 square feet of gross floor area 0 1 2 1 2 3 3, plus 1 per each additional 100,000 square feet of gross floor area 2 5.7 Handicap Parking Requirements A. Parking spaces shall be provided for individuals with disabilities pursuant to The Americans with Disabilities Act (ADA). Parking ratios shall be as per the Table 5.7, – Handicap Parking Requirements. B. Accessible spaces shall be marked on the pavement and by appropriate signage, both markings to use the universally accepted "handicapped" symbol. Such spaces shall be located in closest proximity to major building entrances, but in no event shall such spaces be more than one hundred (100) feet from an entrance. C. Ramps shall meet the design standards set forth in the Georgia Accessibility Code of the Rules and Regulations of the Georgia Safety Fire Commissioner. Table 5.7 – Handicap Parking Requirements Minimum Quantity of Parking Spaces Required Less than 26 26—50 51—75 76—100 101—150 Minimum Quantity of Accessible Parking Spaces Required 1 2 3 4 5 151—200 201—300 301—400 401—500 Greater than 500 6 7 8 9 2% of total required spaces 5.8 Design Standards 5.8.1 General A. All parking spaces and drive-aisles that serve multi-family, commercial, and industrial land uses shall be composed of a paved, dust-free surface. The use of approved permeable or pervious pavement materials is encouraged, provided such paving is approved for use by the Director. B. All off-street loading stalls shall have access from a public street. C. Loading stalls are not to hinder movement of pedestrians or vehicles over a street, sidewalk, or alley, or to and from an off-street parking area. D. Off-street parking and loading areas that are to be used at night shall include proper illumination for the safety of pedestrians, vehicles, and for security purposes, pursuant to the illumination requirements of this Chapter. E. Each off-street parking space shall be clearly marked, and directional arrows or signs shall be provided wherever necessary. Markers, directional arrows, and signs shall be properly maintained to ensure their maximum efficiency. F. All off-street parking, loading, and service areas shall be drained to prevent damage to abutting properties and/or public streets and shall be constructed of materials that shall assure a surface resistant to erosion. G. All off-street parking, loading, and service areas shall be separated from walkways, sidewalks, and streets by curbing or similar physical vehicle barriers. G.H. Parking lot solar carports are permitted and encouraged in accordance with Section 3.2.37, Solar Energy Systems. 5.8.2 Dimensional Standards A. The minimum parking lot space dimensions shall be in accordance with Table 5.87.2.A, – Dimensional Standards: Table 5.8.2.A – Dimensional Standards Type of Parking Space 45° angle 60° angle 90° angle (perpendicular) Parallel Compact automobile space: 90° angle Minimum Required Dimensions 9' wide; 25' deep 9' wide; 22' deep 9’ wide; 19' deep 8'6" wide; 21' deep 8' wide; 18' deep Handicapped spaces Refer to the Georgia Accessibility Code of the Rules and Regulations of the Georgia Safety Fire Commissioner B. Aisle Width. The minimum aisle width shall be in accordance with Table 5.87.2.B, – Aisle Widths: Table 5.8.2.B – Aisle Widths Required Width of Interior Driveways and Aisles (feet) 24 18 12 12 24 24 Parking Design (degree of angle) 90° 60° Parallel One-way traffic: Not adjacent to parking Two-way traffic: Not adjacent to parking 90° Figure 5.8.2.B (1) - 90° Parking Formatted Table Figure 5.8.2.B (2) - 45° Parking Figure 5.8.2.B (3) - 60° Parking C. Loading Space Dimensional Standards. The minimum aisle width shall be in accordance with Table 5.8.2.C – Loading Space Dimensional Standards: Table 5.8.2.C – Loading Space Dimensional Standards Land Use Minimum Required Dimensions Overhead Clearance Wholesale and 10’ wide; 50’ deep Industrial Uses 14’ All Other Uses 10’ wide; 35’ deep D. One electric vehicle charging station in accordance with Section 3.2.151 is required per 10 parking spaces, not to exceed 30 spaces. 5.9 Shared Parking Arrangements A. Shared parking facilities are permitted by the City with the following intentions: 1. To reduce the gross land area used for parking lots and parking infrastructure in non-residential areas. 2. To reduce development and maintenance costs associated with parking infrastructure that is rarely or never fully utilized. 3. To foster connectivity between neighboring business and commercial enterprises. B. Where shared parking facilities are proposed, the following standards shall be met: 1. There shall be paved vehicular inter-parcel access between the subject properties. 2. There shall be paved pedestrian inter-parcel access between the subject properties. 3. The subject property owners shall execute a cross-access and cross-parking agreement, provided in a recordable instrument, acceptable to the City. The agreement shall guarantee the joint use of a specified number or share of parking spaces. 4. In no case shall parking spaces that are farther than 1,000 feet from a building entrance be allowed to satisfy off-street parking requirements for a use or be counted towards shared parking requirements. C. A City shall be furnished with a parking study to demonstrate the proposed shared parking agreement will provide adequate parking for the subject property and land uses. The study shall include the following requirements: 1. Estimates of parking requirements based on professionally accepted data or studies, such as from the Institute of Traffic Engineers, Urban Land Institute, or other sources acceptable to the City. a. Parking requirements shall be based on uses that are the same or comparable to the proposed uses. Comparability shall be determined by density, scale, bulk, area, type of activity, and location in relationship to other uses and the transportation system. b. Parking requirements shall be based upon peak hours of need for each use proposed to share parking facilities. The hours of maximum, or peak, parking demand of the respective developments shall not overlap. 2. Document the source(s) of data used to develop recommendations. 3. Document the extent to which transportation system management and alternative forms of transportation (pedestrian and bicycle) reduce the parking requirement. 4. Document the availability of off-site parking to meet a portion of the parking requirements. Off-site parking shall not be located more than 150 feet from the uses that require parking. The study shall be accompanied by documentation to demonstrate the continued availability of the off-site parking, such as easements or other recordable instruments. D. Shared Parking Calculation. 1. The process for determining the minimum parking requirements shall be as follows: a. Determine the minimum number of parking spaces required for each use category from Section 5.6, Required Parking Spaces and Loading Spaces. b. Multiply each parking requirement by the corresponding percentage for each of the time periods shown on the table below. c. Total the number of parking spaces for each of the time periods. d. The largest column total is the minimum shared parking requirement for the development or collectively for the contiguous properties. 2. Shared Parking Requirements shall be as per the Table 5.9, – Shared Parking Requirements. Table 5.9 – Shared Parking Space Requirements WEEKDAYS LAND USE 6:00 A.M. to 5:00 5:00 p.m.to 1:00 P.M. A.M. Residential 80% 100% Office 100% 10% Retail 95% 85% Hotel 60% 100% Restaurant 75% 100% Entertainment 50% 85% Place of Worship 50% 50% WEEKENDS 6:00 A.M. to 5:00 P.M. 80% 20% 100% 60% 60% 70% 100% 5:00 P.M. to 1:00 A.M. 100% 5% 70% 100% 100% 100% 60% 5.10 Parking Garages A. Where practicable, the ground floor facade of any parking structure abutting a street or walkway shall be wrapped with retail or office uses. Where appropriate, liner buildings shielding the garage from public view should be considered. B. Facades shall be designed and architecturally detailed to be compatible and complementary to other uses within the district. C. When fronting a street, windows or other openings shall be provided. 5.11 Bicycle Parking A. Applicability. Bicycle racks are required within all multi-family, mixed-use, and nonresidential developments. B. Design and Location. 1. Bicycle parking spaces shall be located to be readily visible by the public or by building users, except in the case of long-term parking spaces located in secure areas accessible only to employees, staff, or residents. 2. Racks or other spaces shall not intrude on sidewalk zones, or other pedestrian walkways or trails. 3. Bicycle parking spaces shall be accessible without climbing stairs, going up or down a slope of more than 12% and via a route on the property that is designed to minimize conflicts with motor vehicles and pedestrians. 4. All bicycle racks be located greater than 100 feet away from the subject pedestrian entrance. 5. All bicycle racks and similar installations shall be securely anchored to the ground or building structure. 5.12 Stacking Spaces A. This Section applies only to drive-through, drive-thru, drive-up, and similar uses. They are referred to collectively as “drive-through” uses. B. Spaces Required. In addition to the parking required for each use, establishments with drive-through facilities shall provide stacking spaces for each drive-through station as indicated by a parking study, transportation management plan, or other approved evidence that will help to determine the appropriate spaces requirements, submitted to the Director. C. Dimensions. Each lane of stacking spaces shall be at least 9 feet in width and at least 18 feet in length. Edges of stacking lanes shall be delineated with pavement markings. D. Bypass Lane. Drive-through restaurants shall include a bypass lane adjacent to the required stacking lane. The bypass lane shall have a minimum width of ten (10) feet and be designed to allow vehicles to circumvent or leave the stacking lane without waiting for other queuing vehicles to exit. E. Location and Design. Stacking lanes shall be located on the subject property. They may not be located within required driveways or drive aisles, parking spaces or loading areas and may not interfere with access to parking and ingress and egress from the street. Stacking lanes and drive-through windows shall not be located between the principal building and the front street. F. Pedestrian Access. The principal pedestrian access to the entrance of the use from a public sidewalk shall not cross the drive-through facility stacking lane. Figure 5.11 - Stacking Space Requirements CHAPTER 6: SIGN STANDARDS 6.1 Legal Framework 6.1.1 Purpose and Intent A. The City of Stockbridge finds that signs are a proper use of private property, are a means of personal free expression, and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. It is the purpose of this article to promote public health, safety, and general welfare through reasonable, consistent, and fair sign standards. These sign regulations are not intended to censor speech or to regulate viewpoints, but to regulate, mitigate, and prevent adverse secondary effects of signs on City aesthetics, property values, and traffic and pedestrian safety. Accordingly, it is the intention of the City to establish regulations governing signs which will: 1. Balance the burgeoning growth of Stockbridge and it’s interstate highway corridors with the protection and promotion of aesthetics and property values by minimizing the potential adverse effect and visual blight which may be caused by signs; 2. Ensure that Stockbridge remains an attractive community to reside and conduct business in, it is necessary to maintain a visually satisfying environment. Unregulated or underregulated signage may have an undesirable effect upon safety, vehicle and pedestrian circulation, and the well-being of the community; 3. Promote and protect the public health, safety, and general welfare; 4. Protect the character of the City’s historic core and residential neighborhoods; 5. Enhance the economy of Stockbridge by promoting the reasonable, orderly and effective display of signs; 6. Balance the rights of persons to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs; 7. Restrict signs and lights which increase clutter or which increase the probability of traffic accidents by obstructing vision; and 8. Promote signs compatible with their surroundings. 6.1.2 Authority This Article is enacted pursuant to Article IX, Section II, Paragraph IV of the Georgia Constitution of 1983, the Charter of the City of Stockbridge, the general police powers of the City of Stockbridge and other authority provided by federal, state, or local laws applicable hereto. 6.1.3 Applicability A. These sign regulations shall be valid throughout the City limits and apply to all signs that are intended to be viewed, or which can be viewed from a public right of way, a private street, or adjacent property. Signs shall be erected, placed, established, painted, created, and maintained in accordance with the physical standards outlined in this Chapter. Sign placement and size regulations shall vary between districts. B. Some signage has a single targeted function, and identification of signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of identifying addresses, which is a benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. In addition, directional signs are used for the sole purpose of ensuring safe movement of vehicles entering and exiting property to and from public rights-of-way, private roads, and driveways. While such signage may be referenced based upon the function it serves within the context of this Chapter, the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. C. Nothing herein shall be construed to permit display of any message which is obscene, illegal or speech which is otherwise unprotected under the First Amendment of the United States Constitution. Nothing herein shall be construed to prohibit a prosecution for violation of a criminal statute by the City or other duly constituted government authority or a civil action by the City or other private person or entity. 6.2 Review and Approval 6.2.1 Procedures A. Permit. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any sign as defined in this without a permit, except as otherwise provided in this Chapter. No permit for a sign shall be issued until a sign application is submitted and deemed complete the City. B. Application. Application for permits to install signs shall be made upon forms that are provided by the City and shall contain or have attached thereto the following information prior to being considered complete: 1. Name, address, and telephone number of the applicant. 2. Address and tax map parcel number of the location of the proposed sign. 3. The proposed sign type, consistent with the regulations of this Chapter. 4. A sign location plan, to scale, depicting the precise location and dimensions of the proposed sign on the property in the context of all other existing improvements on the site. 5. Sign renderings providing the contents, specifications, and method of construction, attachment, or installation of the sign. The renderings must also provide the precise dimensions and sign area of the sign, and an indication of whether the sign will be illuminated and details of illumination, if any. 6. Name of the person or entity to physically install the sign. 7. Written consent of the owner of the building or lot upon which the sign is to be erected. 8. A written list describing all other signs located on the lot indicating the sign type, size, and placement, including photographs of existing building frontage and signage. 9. Such other information requested by the City, as may reasonably be required for the permitting of a sign. C. Expiration Date. 1. If the work authorized by issuance of a sign permit has not been initiated within twelve (12)12 months of the date of permit issuance, or if such work does not comply with building code and construction standards as provided in this municipal code, the permit shall become null and void. 2. Except as otherwise provided in this Chapter, a temporary sign permit shall authorize the display of a temporary sign only for a period of 30 consecutive days from the date of issuance. In no case shall the same premises be issued a temporary sign permit more than four times in a 12 -month period. Upon expiration of the temporary sign permit, the permittee shall remove the temporary sign and its supporting structure. D. Processing. 1. The City shall process all sign permit applications within ten (10) business days of the City’s actual receipt of a completed application for a sign permit. a. The Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth in this Chapter. b. The Director shall reject any application containing any materially false statements or material omissions. c. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission. 2. Within ten (10) business days of a completed application, the Director shall: a. Issue the permit upon determination that the application fully complies with the provisions of this Chapter, building codes adopted by the City, and all other applicable laws, regulations, and ordinances of the City; or b. Inform the applicant, in writing, of denial of the permit, stating the reasons why the permit cannot be issued. 3. If the City does not process an application for a sign permit within 10 days as set forth in this article, then the application shall be considered approved; provided this approval shall not authorize the violation of any standards of the UDC regulating such sign and vests no rights in the owner of a sign erected or constructed in violation of the UDC. Any such sign in violation of the UDC shall be treated identically to a sign affirmatively approved in error by the City, vesting no rights in the sign and subject to revocation of the permit by the City under the provisions of this Chapter. 4. Should it be determined that a sign permit was issued pursuant to an application containing a material false statement, the Director shall revoke the subject sign permit in accordance with Chapter 121, Violations, Penalties, and Enforcement and the subject sign shall be removed. 5. The approval or denial of a sign permit by City staff may be appealed to the City Council pursuant to Chapter 110, Variances and Appeals. E. Fees. No permit shall be deemed complete, and no sign permit shall be issued until the appropriate application fees, as established by the adopted fee schedule, have been paid. 6.2.2 Construction and Maintenance A. All signs, together with all their supports, braces, guides, and anchors shall be kept in constant good repair and, unless constructed of galvanized or non-corroding metal, shall periodically be given an appropriate protective coating. The area surrounding the base of all signs shall be maintained free of high weeds and debris. B. The City may periodically inspect signs to determine compliance. C. The permittee shall remove discarded or unusable paper, sign faces, parts and debris from the sign or sign structure. D. No permittee shall allow sign(s) to fall into disrepair. On first class mail written notice from the City to the sign owner and property owner, any sign which is in disrepair or vandalized shall be repaired or removed. The City shall include in the written notice a time limit for compliance of up to 30 consecutive days. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 110, Variances and Appeals. E. Abandoned Signs. On first class mail written notice from the City to the sign owner and property owner, any sign associated with a business which has ceased operations for 60 consecutive days shall be removed. The City shall include in the written notice a time limit for compliance of up to 30 consecutive days. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 110, Variances and Appeals. 6.3 Administration and Enforcement 6.3.1 Responsibilities A. Responsible for Administration. This Chapter shall be administered and enforced by the Director or their designee, who is also responsible for administering the receipt, review, and processing of all applications for sign permits; and all sign application requests filed with the City of Stockbridge. B. Responsible for Compliance. Responsibility for compliance with this Chapter rests upon the sign owner, the permit holder, any and all parties holding the present right of possession and control of the property whereon the sign located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control of the lot or parcel. 6.4 General Regulations 6.4.1 Generally A. All signs shall be in compliance with the provisions of this article, the Standard Building Code, the UDC, and the National Electric Codes as adopted. B. All signs shall be placed on private property, except signs erected on public property by an authorized governmental unit. C. No sign shall be attached to or painted on a telephone pole or power pole, or any tree, rock or other natural object. D. Any sign allowed under this article may contain any message except that such messages shall not be obscene, as defined by the courts. E. For the purposes of determining the number of signs, ground signs shall be equal to the number of sign structures. All other non-ground signs shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in random manner without organized relationship of elements, each such element shall be considered to be a single sign. F. No sign or sign structure (above a height of three (3) feet) shall be maintained within 15 feet of the intersection of the extended right-of-way lines of two streets, of an intersection of a street right-of-way with a railroad right-of-way, or otherwise placed in a location that limits sight distance. G. No sign or sign structure may be erected or maintained which obstructs any fire escape, window, ventilation, door or hydrant; nor shall any sign or sign structure be attached to a fire escape. H. All signs located adjacent to or above a sidewalk or multi-use path shall maintain a minimum eight (8) foot clearance below. All such signs shall maintain at least one (1) foot of horizontal separation from the edge of the sidewalk or multi-use path they overhang. I. Construction Near or on a Lot Containing an Existing Billboard or Pylon. Construction of any structure, building, or appurtenance adjacent to, or on a lot containing an interstate sign, billboard, or pylon sign under the standards of this provision shall require that: 1. No buildings, structures, appurtenances, or new signs may be constructed within the "fall zone" of such sign. A "fall zone" is defined as an area equal to one hundred thirty-three percent (133%) 133% of the height of the sign in every direction. 2. No subdivision of a parcel containing a interstate, billboard, or pylon sign shall be permitted unless the subdivided lot containing the sign is large enough to encompass the "fall zone" of such sign. 6.4.2 Prohibited Signs A. The following types of signs are prohibited in all zoning districts of the City: 1. Abandoned Signs. 2. Animated signs that incorporate frequent flashing, action, motion, or significant changes in color or light intensity. 3. Aerial view signs. 4. Dilapidated Signs. 5. Flashing Signs. Signs installed for safety or control of traffic are exempt from this provision so long as they meet all physical and other standards of the Manual on Uniform Traffic Control Devices. 6. Inflatable signs. 7. Mobile signs. 8. Pole or pylon signs. 9. Roof signs. 10. Signs imitating public warning or traffic control devices. Any sign that displays intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles, and any sign that may confuse a driver to believe such a sign to be an official public warning or traffic control device is prohibited. Any sign that uses the dimensional shape, size, colors of, or otherwise substantially imitates a public warning sign or traffic control device is prohibited. 11. Signs or sign support structures that obstruct any fire escape, window, door, stairway, exit, utility access or opening usable for fire prevention, suppression, or connection. No sign shall interfere with any opening required for ventilation. 12. Signs illuminated using neon. 13. Signs that feature beacons, search lights, or lasers. 14. Signs attached to or supported by any trees, utility pole, or similar vegetative or utility feature. 15. Snipe signs. 16. Any other type of sign not permitted or regulated by this Chapter. 16. 6.4.3 Signs Exempt from Permit Requirements A. The following signs are exempt from the permitting requirements of Section 6.2, Review and Approval, provided; however, that such sign shall be subject to all other provisions of this Chapter: 1. Wall signs, window signs, and door signs, not to exceed one (1) square foot in area nor three (3) of each sign type per property. 2. Temporary signs, not to exceed four (4) square feet in area, nor two (2) per property. 3. Hand-held signs. 4. Flags. 5. Informational signs, not to exceed two (2) per property, except that parcels containing more than one licensed business may contain up to four (4) standard informational signs. 6. Markers placed over grave sites. 7. Temporary decorations or displays celebrating the occasion of traditionally accepted patriotic, ethnic, or religious holidays, as well as national, state, and City holidays, from one month prior to the commencement of the holiday until two weeks following its completion. 8. Property Address Signs. 9. Signs located completely inside an enclosed space. 10. Signs on products that are an integral part of the product, the product’s packaging, and product dispensers (such as but not limited to a soft drink machine). 11. Signs protected by federal law. 12. Signs protected by state law. 13. Traffic Control Devices and Signs defined by the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways. B. No sign permit shall be required to change the message or copy of a changeable copy sign, provided the business or entity associated with the sign remains the same. B. 6.5 Illumination 6.5.1 Permitted Illumination A. Illumination of a sign is optional. B. Except as authorized in this Chapter, any flashing, blinking, reflective, animated, or rotating lights, or signs with intermittent or varying intensity of artificial illumination whether deliberate or as a consequence of a defect in the sign or illumination source shall be prohibited for any and all signs. C. All light sources shall be shielded to prevent illumination spillover onto properties or adjacent roadways except where the light source is located or permitted under a sign plan. Signs and related fixtures shall be International Dark Skies Association Standards compliant and full cut off. D. No internally illuminated sign shall exceed twenty (20)20 foot-candles of incandescent light at any point greater than ten (10) feet from the subject sign structure. E. Signs which are externally illuminated shall be lighted so that no lights are positioned in such a manner that light glares or shines into the eyes of nearby motorists or travelers so as to create a hazardous or dangerous condition. F. Nonresidential and Mixed-Use. Signs in nonresidential and mixed-use zoning districts shall satisfy the following illumination requirements: 1. No sign shall be illuminated by neon lights, by lights that flash, move, change in intensity, or turn on intermittently several times per day, except for sign areas limited to a maximum of two (2) square feet per sign which may change no more than once per minute. 2. To prevent glare visible from adjoining streets or properties, the beam of any light shall be directed so as not to be visible beyond the sign at which it is directed, and the light source shall not be visible from any point on an adjacent property or the public right-of-way. 3. Light from any illuminated sign shall not be more than 0.5 foot-candles at any boundary of the property on which the sign is placed, and must not interfere with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent properties. G. Residential. Signs located in a residential district shall not be illuminated other than signs erected at the entrance of the subdivision or other common residential development. 6.5.2 U.L. Types All components of an illuminated sign shall be Underwriters Laboratories, Inc. (U.L.) listed, or the equivalent thereof, with an identification label that clearly shows the manufacturer of the sign. 6.5.3 Changeable Copy A. Changeable Copy are allowed for monument signs for uses listed under Section 6.6.2, Non-Residential Land Uses only. The sign structure on which the Changeable Copy face is used is required to comply with Section 6.7.3, , Monument Signs. B. Changeable Copy portions of authorized monument signs are limited to 12 square feet of the total allowable sign area. C. No parcel shall contain greater than one (1) changeable copy sign. D. Changeable copy signs must contain static messages only and shall not have movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message. E. Changeable copy shall not change more than once every twenty-four (24)24 hours. F. Installer Certification. Prior to the issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set to not exceed 0.3 footcandles over ambient lighting conditions when measured at the measurement distance provided in this section and that the intensity level is protected from end-use manipulation by password protected software or other method deemed appropriate by the City. G. All signs shall contain a mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions. 6.6 Authorized Signs by Land Use 6.6.1 Residential Land Uses A. Only the following types of signs are allowed for residential land uses (e.g., single family, townhome, and multi-family developments, including the multi-family buildings in mixed use developments, and those portions of residential uses constructed over commercial ground floor uses): 1. Monument signs limited to one per subdivision/development entrance. Monument signs may not exceed 32 square feet of sign area and six (6) feet in height. 2. Window and Door Signs. Window and door signs may not exceed four (4) square feet of sign area and shall be limited to a maximum of two (2) per lot or unit. 3. Property address signs. 4. Flags. 5. Temporary Signs. Temporary signs may not exceed 16 square feet of sign area and shall be limited to a maximum of four (4) per lot. B. The total of all signs shall not exceed four (4) signs of any allowed type where a single residence is on the lot. 6.6.2 Non-Residential Land Uses All sign types identified in this UDC are permitted for commercial, office, mixed use, industrial, or civic/institutional uses in accordance with the provisions of this Chapter. 6.7 Permanent Signs 6.7.1 Generally A. All signs shall be required to be located within the required front yard of a principal structure and shall not be permitted to extend beyond the front property line into the street right-of-way. 6.7.2 Measurement of Sign Area A. Area. 1. The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign area from the structure upon which it is placed. Figure 6.7.2.A.1 - Sign Area 2. If polygons established around wall signs located on the same street-oriented wall are within twenty-four (24)24 inches or less of one another, then the area of the sign shall be measured within one (1) continuous polygon. Figure 6.7.2.A.2 - Contiguous Polygon B. Height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: 1. Existing grade prior to construction; or 2. The newly established grade after construction, exclusive of any filling, beaming, mounding, or excavating solely for the purpose of locating the sign. 1. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoned lot, whichever is greater (surveyor's certificate required). Where the normal grade is below the normal grade of a public street, the sign base can be raised to the elevation of the normal grade of the street before the height limitations are applied (surveyor's certificate required). At no time shall any sign's overall height exceed the zoning district's height limitations. Any portion of such wall or other decorative structure that is discernibly devoted to the support of the sign or, by its design or architectural treatment, intended to provide a background or frame for the sign shall be included when computing sign height. Figure 6.7.2.B - Sign Height C. Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. D. Multi-Faced Signs. For multi-faced signs, when the sign face surfaces are parallel and are back-to-back, or where the interior angle formed by the faces is forty-five (45)45 degrees or less, the area of the sign shall be taken as the area on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed at one (1) time from any angle. Figure 6.7.2.D - Multi-Faced Signs 6.7.3 Monument Signs A. Summary. Table 6.7.3.A – Monument Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.3 Monument Signs, the detailed regulations shall control. Table 6.7.3.A – Monument Sign Regulations Summary Sign Type Sign Area Height Quantity Illumination Monument 80 SF 8 FT 1 per lot; 1 additional for Internal, property of at least 1 acre External in size B. All Monument Signs are subject to the following restrictions: 1. A monument sign shall have a three-foot landscaped area maintained at its base, which may be composed of shrubs, hedges, grass, mulch or similar ground cover. 2. One (1) monument sign is permitted per lot. 3. One (1) additional monument sign is permitted for any lot of at least one (1) acre in size. If one of the street frontages is on a street serving a residential strict, a second sign shall be prohibited. 4. Street address numbers shall be posted on each face of all monument signs intended to be viewed from a public road. For monument signs that serve multiple addresses, the range of addresses and/or building numbers shall be on the face of the monument. The street address numbers shall be accurate and measure at least six (6) inches in height. 5. No entrance sign shall be placed in the median, or between any travel lanes, of a public or private roadway or access drive. 6. Sign Area and Height. Monument signs shall not exceed 64 square feet per sign face and a heigh of eight (8) feet. 7. Location. Monument Signs shall be located a minimum of five (5) feet from the right-of-way and ten (10) feet from electrical transmission lines. Any signs not located adjacent to a street shall be setback a minimum of five (5) feet from property lines. 8. Illumination. All Monument Signs may be externally illuminated. Monument Signs for uses listed under Section 6.6.2, Non-Residential Land Uses only may be internally illuminated. 9. Materials. Monument Signs shall be constructed with a solid brick, stone, stucco, and/or architecturally masonry base. The base of the sign shall be at least wide as the sign face. 6.7.4 Building Signs A. Building Signs include wall, projecting, and awning sign types. Regulations apply to all building sign types when referred to as Building Signs. B. Summary. Table 6.7.4.B, – Building Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.4, Building Signs, the detailed regulations shall control. Table 6.7.4.B – Building Sign Regulations Summary Sign Type Sign Area Wall 10% of wall face or 100 SF, whichever is less Projecting 24 SF Awning/Canopy 10% of awning or canopy space Quantity 1 per tenant, per street frontage C. All Building Signs are subject to the following restrictions: 1. Method of Attachment. a. All signs shall be constructed and erected to withstand a horizontal wind load of 30 pounds per square foot in any direction together with the dead load of the construction. b. Signs shall be attached in a manner that allows for their removal without adversely impacting the exterior of the subject building. c. The visibility of conduit and raceways associated with a sign shall be minimized; however, if raceways must be exposed, they should be finished to match the facade or integrated into the overall design of the sign D. Wall Signs. 1. Method of Attachment. a. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached. b. 2. Quantity. a. One (1) wall sign is permitted per tenant or street frontage. b. Businesses without a street on which there is frontage, but which have exterior entrances to the building, are entitled to one (1) wall sign on the exterior wall of the business where the primary entrance is located. c. For corner lots, a second wall sign may be permitted facing the side street. Formatted Table d. End units of buildings on any lot may also have a second wall sign on the side of the building 3. Sign Area. Individual Wall Sign area shall not exceed 10% of any individual Wall Face or 100 square feet, whichever is less E. Projecting Signs. 1. Method of Attachment. a. All projecting signs must be installed at a ninety (90)90 degree angle to the building façade on which they are mounted. 2. Projection from Wall. a. No portion of a projecting sign may extend over parking spaces, drive aisles, or public rights-of-way. b. No projecting sign may project more than eight (8) feet from façade of the building which supports it. c. No projecting sign shall have a maximum height higher than the building which supports it. 3. Sign Area. Projecting Sign area shall not exceed 24 square feet per sign face. 4. Quantity. One (1) projecting sign is permitted per tenant or street frontage. F. Awning/Canopy Signs. 1. Method of Attachment. Signs must be painted or installed directly on the valances of the awning or canopy. 2. Projection from Wall. Awnings or canopy signs must vertically clear sidewalks by at least eight (8) feet and may not extend further than one (1) foot off the curb line. 3. Sign Area. The sign area of any canopy or awning sign shall not exceed ten percent (10%)10% of the surface area of the subject canopy or awning. 4. Quantity. One (1) awning or canopy sign is permitted per tenant or street frontage. 5. Illumination. Awning or canopy signs may be internally illuminated. 6. Materials. Signs must be of durable fabric or non-rigid material on a supporting framework. 6.7.5 Other Signs A. Summary. Table 6.7.5.A – Other Permanent Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.5, Other Signs, the detailed regulations shall control. Table 6.7.5.A – Other Permanent Sign Regulations Summary Sign Type Sign Area Height Quantity Formatted: Font: 12 pt Window Hand-Held Signs Flags 25% of window or door area N/A N/A 3 per tenant N/A N/A 24 SF 20 FT if ground mounted 3 flags per lot B. Property Owner Responsibility. The property owner is responsible for installing, repairing, and maintaining signs in accordance with the requirements and regulations of this article. Signs found to be non-compliant may be subject to enforcement procedures and/or penalties as provided in this UDC. C. Window Signs. 1. Sign Area. Window signs must not exceed twenty-five percent (25%)25% of the area of the subject window or transparent door area. 2. Quantity. a. There shall be a maximum of four (4) internal signs adjacent to internal road(s) serving the development. D. Hand-Held Signs. 1. Any person supporting a hand-held sign shall remain no less than ten (10) feet away from any building, occupiable structure, street, driveway, or drive-aisle, and shall not handle the sign in a manner that may interfere with vehicular or pedestrian traffic. E. Flags. 1. Generally. a. No flag shall be installed in a manner as to impede vehicular or pedestrian traffic, nor obstruct any public road, sidewalk, or multi-use trail. b. Nothing contained in this Section shall be interpreted to prohibit or restrict the right to display eligible flags as banners or signs as otherwise provided by local, state, or federal codes or regulations. 2. Sign Area. The flag shall not exceed 24 square feet. 3. Quantity. No greater than three (3) flags may be displayed on any property, except that any flags that are not reasonably visible from any nearby public or private roadways shall not be considered as contributing to the maximum number of flags permitted. 4. Regulations for Flagpoles. a. In-ground pole. A flag may be flown from a metal or wood pole which is permanently placed in the ground. The pole shall not exceed two and five-eighths (2⅝) inches in diameter, nor twenty (20)20 feet in height. b. Attached pole. A flag may be flown from a metal or wooden pole attached to a bracket projecting from the side of a building or door frame. The pole shall not exceed six (6) feet in length, nor one (1) inch in diameter. 6.8 Temporary Signs 6.8.1 General Regulations A. Temporary Signs shall adhere to the following general requirements, unless otherwise specified: 1. No parcel of land may host more than two (2) temporary signs at the same time. 2. No property shall be the recipient of more than four (4) temporary sign permits per calendar year. 3. No ground-mounted temporary sign shall exceed a height of eight (8) feet. 4. All temporary signs shall be located a minimum of five (5) feet from the right-ofway and ten (10) feet from electrical transmission lines. Any signs not located adjacent to a street shall be setback a minimum of five (5) feet from property lines. 5. All temporary signs shall be securely installed and satisfy all applicable life safety and building codes adopted by the City. 6. Permitting. A permit is required for all temporary signs unless otherwise specified in this Chapter. 6.8.2 Summary A. Table 6.8.2.A – Temporary Signs Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 5.8.16.4, General Regulations, the detailed regulations shall control. Table 6.8 .2.A– Temporary Signs Summary Sign Type Sign Area Height Temporary 32 SF 8 FT if ground mounted Quantity 2 per tenant 6.9 Requirements for Master Sign Plans 6.9.1 General Regulations A. The intent of a master sign plan is to promote consistency among signs within a development and enhance the compatibility of signs with the architectural and site design features within a development. B. The Director may authorize a multi-jurisdictional master sign plan for a development that is situated within the City of Stockbridge and one (1) or more other municipalities or the unincorporated area of Henry County. C. All signs that are erected or maintained shall conform at all times to the approved master sign plan. D. The signs which are approved through the master sign plan are the only signs that are allowed; any deviations from an approved master sign plan shall be unlawful unless and until a revised master sign plan is approved. 6.9.2 Application A. An application for a master sign plan shall be made upon forms that are provided by the City. The application shall describe and set forth the following and any additional information pertinent to the application as may be requested by the City to determine compliance: 1. All information as outline in Section 6.2, Review and Approval; 2. An accurate indication of the location of each present and proposed future sign of any type, whether requiring a permit or not; and 3. Computation of the maximum total sign area per proposed building. 6.9.3 Processing A. The City shall process all master sign plan applications within ten (10) business days of the City’s actual receipt of a completed master sign plan application. 1. The Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth in this Chapter. 2. The Director shall reject any application containing any materially false statements or material omissions. 3. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission. B. Within ten (10) business days of a completed application, the Director shall: 1. Approve the application upon determination that the application fully complies with the provisions of this Section; or 2. Inform the applicant, in writing, of denial of the application, stating the reasons why the application cannot be approved. C. As part of the review, the Director may grant the following: 1. One (1) additional monument sign; or 2. Two (2) single-faced monument signs in lieu of the allowed monument sign; or 3. Deviations from general standards for multi-jurisdictional master sign plans. 6.9.4 Amendments A. A master sign plan may be amended by filing a new master sign plan application in accordance with Section 6.9, Requirements for Master Sign Plans. 6.10 Landmark Signs 6.10.1 General Regulations A. Landmark signs shall be controlled by the contents of this Section when any conflict arises with the provisions of other contents of this Chapter or this CodeUDC. B. A landmark sign may only be designated as such by the Mayor and City Council. 6.10.2 Procedures A. Application. An application for a landmark sign shall be made upon forms that are provided by the City. The application shall describe and set forth the following and any additional information pertinent to the application as may be requested by the City to determine compliance: 1. A site A site plan, to scale, demonstrating all existing improvements upon the property and the precise location of the subject sign; 2. A narrative statement describing how the subject sign has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art; 3. Additional information as requested by the Director or their designee for the landmark sign designation process; 4. All fees associated with a review must be paid in full before any application will be processed or reviewed. B. Processing. 1. Completeness Determination. Applications will be submitted to the Director and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this Section and noted in the application materials. 2. Complete Application. Once an application has been deemed to be complete, the Director shall transmit the application to the appropriate reviewing body for review and recommendation. The Director shall notify the applicant that the application is complete. 3. Effect of Incomplete Application. Incomplete applications will not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application. C. Action by the Mayor and City Council. 1. Consideration by the Mayor and City Council. All rezoning applications shall be considered by the Mayor and City Council at a public meeting. 2. Standards and Criteria. The Mayor and City Council shall review and make recommendations on the proposed landmark sign application based upon the standards in Section 6.10.3, Review Standards for Landmark Signsa Landmark Sign. 3. Actions by the Mayor and City Council. Following the public meeting, the Mayor and City Council shall take one of the following actions: a. Approve; b. Approved with conditions; or c. Denied. 6.10.3 Review Standards for a Landmark Sign A. When reviewing an application for a landmark sign, all the criteria listed below shall be considered 1. The subject property does not contain greater than one (1) other landmark sign; 2. The subject sign does not measure greater than 150 square feet in sign area; 3. The subject sign does not cause a hazard to public safety or nearby travelers; 4. The subject sign was completely installed no less than twenty (20)20 years prior to the intended date of designation; or 5. The subject sign has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art. 6.10.4 Revocation A. Following the designation of a landmark sign, the subject sign shall retain this designation indefinitely. The Mayor and City Council may revoke landmark sign designation if one or more of the following occurs: A. The subject sign is removed or relocated from the position it was in at the time of designation, except for minor positioning adjustments necessitated by factors such as utility work or building or structure maintenance or repair; or B. The subject sign has been substantially altered in a way that eliminates its historic or culturally significant character. B. Replacement of lighting, electrical, structural, and mechanical components with modern equivalents shall not be considered a substantial alteration in and of itself. 6.11 Variances Mayor and City Council are authorized to grant variances from this Chapter pursuant to the procedures and requirements of Chapter 110, Variances and Appeals. 6.12 Nonconforming Signs A. The following provisions shall apply to signs which, on the effective date of this Chapter, were approved and legally erected under previous sign restrictions and which became nonconforming with respect to amendments to the text of this Chapter adopted after sign approval: 1. A nonconforming sign shall not be altered except in compliance with the provisions of this Chapter. 2. Minor repairs and maintenance to non-conforming signs, such as the repair or replacement of paint or electrical components, shall be permitted as long as no repair exceeds 50% of the value of the sign as determined by the City. 3. A nonconforming sign shall not be replaced by another sign except for one which complies with the requirements of this Chapter. B. The message or face of changeable sign areas on nonconforming signs shall be permitted. C. Lawfully nonconforming signs must be removed from a site when any of the following conditions occur: 1. 90 days after a business is closed, if no new business is operating inside the same building or tenant space, non-conforming signs must be removed. 2. The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt. 3. The sign has been damaged or destroyed to such extent that more than minor repairs (greater than fifty percent (50%)50% of the replacement cost of the existing sign) or a structural change is required to restore the sign. CHAPTER 7: NONCONFORMING STANDARDS 7.1 Purpose and Intent A. Within the districts established by the City of Stockbridge UDC, and in other provisions and amendments thereto, there exist lots of record, uses of property, structures, buildings, and other improvements and features that were lawfully established prior to the adoption or amendment of this Code, but that would be prohibited under its current terms or future amendment. They are collectively referred to herein as “nonconforming situations.” B. The intent of this section is to allow such nonconformities to continue until they are removed or discontinued, while protecting the public health, safety, and welfare. This section is not intended to facilitate their enlargement or expansion, nor be used as grounds for creating lots or adding structures or uses prohibited in a particular zoning district. 7.2 Determination of Lawful Nonconforming Situations A. Nonconforming lots of record are lots which have an area, frontage, or other characteristic that does not conform to the requirements of the underlying zoning district and/or the broader Code. In the circumstance that land is taken from a lot of record for public purposes, such as eminent domain, and causes the lot to become substandard, it shall be considered a lawful nonconforming lot of record if it otherwise meets the definition of a lot of record. B. Nonconforming uses of property are land uses, whether primary or accessory, which do not conform to the land use requirements of the underlying zoning district. C. Nonconforming structures and buildings are those which do not satisfy the underlying area, dimensional, architectural, or height requirements of the underlying zoning district and/or the broader Code. D. Nonconforming improvements and features are site elements which do not conform to the current setback, dimensional, lot coverage, or yard positioning requirements of the underlying zoning district and/or the broader Code. E. The burden of proving a nonconforming situation was lawfully established is that of the subject property owner. A preponderance of evidence shall be provided by the subject property owner to prove lawful establishment of the nonconforming situation, and also to indicate its continuity, meaning documented, ongoing use or operation without interruption for a period exceeding that allowed lapse under this UDC. 1. Continuity shall be evaluated on the basis of objective, verifiable documentation showing that the nonconforming use or structure remained active, occupied, maintained, or otherwise in operation during the relevant period. Examples of acceptable documentation may include building permits, certificates of occupancy, aerial imagery, tax records, utility records, or other similar records that substantiate continuous activity. 2. The Community Development Director shall determine whether adequate proof of nonconforming status and continuity has been provided for a given situation. 7.3 Nonconforming Lots of Record A. An undeveloped, nonconforming lot of record shall be developed pursuant to any City approved recorded plats or conditions of zoning. In the case these are not applicable, the lot may be developed pursuant to the requirements of the underlying zoning district. B. Two (2) or more abutting nonconforming lots of record may be combined into a single lot, provided the resultant lot meets all applicable dimensional standards of the underlying zoning district. C. A lawful structure or building upon a nonconforming lot of record shall be allowed to continue in its current condition, and may be expanded or altered, to become compliant, pursuant to the requirements of the underlying zoning district. D. Nothing in this chapter shall be construed as to prevent the routine maintenance and care of any existing building or structure upon a nonconforming lot of record, nor to confer any variance, exception, or waiver upon a site. 7.4 Nonconforming Buildings and Structures A. Nothing in this section shall be construed to prevent the ordinary and routine maintenance and repair of nonconforming buildings or structures, provided all of the following circumstances exist: 1. Repairs do not exceed twenty-five percent (25%)25% of the value of the nonconforming building or structure as it existed immediately before the repair. 2. Neither the floor area nor the footprint of the subject building or structure is increased. 3. The Community Development Director may approve minor deviations from dimensional standards when necessary to accommodate routine maintenance or repair, provided that: a. The deviation does not increase the degree of nonconformity; and b. The deviation does not exceed five percent (5%) of the applicable dimensional standard. B. Any building or structure damaged by any means to an extent more than fifty percent (50%) 50% of its value, as assessed immediately before the time of damage, shall no longer be considered a lawfully nonconforming building or structure. C. Any building or structure damaged by any means to an extent less than fifty percent (50%)50% of its value immediately before the time of damage may be repaired or rebuilt to that state, provided that restoration efforts shall commence within eight (8) months from the first day the damage occurred. 1. Repairs and rebuilding of a nonconforming building or structure that commences more than eight (8) months after the first day of damage shall cause the subject building or structure to conform to the requirements of this CodeUDC. D. The alteration, expansion, or modification of any lawfully nonconforming building or structure that is occurring for reasons unrelated to damage shall be prohibited unless said alteration, expansion, or modification would bring the subject building or structure into full compliance with the requirements of this CodeUDC. E. Any nonconforming building or structure relocated any distance for any reason shall be brought into compliance with the standards of the underlying zoning district to which it is relocated. 7.5 Nonconforming Uses of Property A. A lawfully established land use that becomes nonconforming upon or after the effective date of this UDC may continue to function in accordance with all of the following requirements: 1. The subject site, and subsequent improvements thereon, shall remain otherwise lawful. 2. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land or floor area than was occupied prior to the date of adoption or amendment of the UDC making such use nonconforming. 3. Unless otherwise specifically authorized, no nonconforming use of land shall be moved, enlarged, or extended, in whole or in part, onto any portion of the lot or parcel other than that portion occupied by such use prior to the date of adoption or amendment of the UDC making such use nonconformingNo nonconforming use of land shall be relocated, in whole or in part, onto any other portion of the lot than was occupied prior to the date of adoption or amendment of the UDC making such use nonconforming. 4. The discontinuance of a nonconforming land use, regardless of reason or cause, for greater than six (6) months shall cause the subject nonconforming land use to lose its lawful status. Any subsequent use of the land shall comply with the requirements of the underling zoning district. 7.6 Nonconforming Improvements and Features A. Nonconforming improvements and features are site elements that generally cannot be occupied and are secondary to the main building upon the subject property. These objects include, but are not limited to, the following: 1. Fences, walls, and gates. 2. Dumpsters and dumpster enclosures. 3. Vehicle parking areas. 4. Driveways and access provisions. 5. Exterior site lighting equipment. 6. Swimming pools. 6.7. Sidewalks, multi-use paths, or trails. Formatted: Font: (Default) Calibri B. No change to any nonconforming site improvement or feature shall be made which increases the degree of nonconformity with the requirements of this UDC; however, changes may be made which result in the same or a lesser extent of nonconformity. C. Any addition to buildings or structures on the site or reconstruction of buildings or structures on the site occur, any existing nonconforming improvements or features shall no longer be considered a lawfully nonconforming improvement or feature. D. Any improvement or feature damaged by any means to an extent more than 50% of its value, as assessed immediately before the time of damage, shall no longer be considered a lawfully nonconforming improvement or feature. E. Any improvement or feature damaged by any means to an extent less than 50% of its value immediately before the time of damage may be repaired or rebuilt to that state, provided that restoration efforts shall commence within eight (8) months from the first day the damage occurred. B.1. Repairs and rebuilding of a nonconforming improvement or feature that commences more than eight (8) months after the first day of damage shall cause the subject building or structure to conform to the requirements of this UDC. C.F. In cases where land is taken for public purposes in such a manner as to reduce existing off-street parking or effectively cause an improvement or feature to be closer to a property line, the deficiency thus created shall be construed as lawfully nonconforming. D.G. Nonconforming signage and sign structures, and any proposed improvements to such sign structures, shall be governed by Chapter 6, Sign Standards, unless otherwise specified in this Ordinance. 7.7 Termination of Detrimental Nonconforming Situations B.A. Fences, walls, and vegetation that constitute a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming to this UDC or removed within 60 calendar days of notice by the City. Such notice shall follow the procedures found in Article 12, Violations, Penalties, and Enforcement. 7.8 Nonconforming Manufactured Homes A. A manufactured home that was lawfully installed may be replaced with a new manufactured home, provided the replacement manufactured home is installed on the subject site within twelve (12)12 months of the date of removal of the existing unit. 1. The replacement manufactured home shall meet all applicable health and safety standards and be completed in accordance with O.C.G.A § 36-66-7 et seq. Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri Formatted: Font: (Default) Calibri 2. In addition to the requirements above, the replacement manufactured home shall comply with all applicable installation requirements contained elsewhere in this UDC. CHAPTER 8: REVIEW BODES AND ADMINISTRATORS 8.1 Review Bodies 8.1.1 Purpose The purpose of this chapter is to establish the authority for review and consideration of certain applications and other proposed actions, and to assign authority to the following review bodies: A. Planning Commission B. Historic Preservation Commission C. Governing Body D. All Review Bodes shall: 1. Act in a manner consistent with the City of Stockbridge Comprehensive Plan, Unified Development Code, City Code of Ordinances, Parks Master Plan, Trails Plan, adopted small area plans, to include LCIs and Strategic Plans, and other officially adopted plans and studies. 2. Consider impacts on community character, aesthetics, and sense of place, including signage, gateways, and public realm features, when making recommendations. 3. Support phased implementation of adopted plan goals and action items, including monitoring progress and recommending amendments as needed. 8.2 Planning Commission 8.2.1 Creation The City of Stockbridge Planning Commission is hereby established and shall be referred to hereinafter as the Planning Commission. 8.2.2 Membership A. All members of the Planning Commission shall be appointed by the Mayor and City Council. The number of members of each body, and the qualifications of such members are specified in the provisions of this Chapter with respect to such body. B. Qualifications. In order to be qualified, all members shall complete training for Planning Commission members and shall receive a certificate of completion from the Atlanta Regional Commission, the Carl Vinson Institute, or another organization recognized by the State of Georgia or the City within one (1) year of appointment. Failure to complete required training within the specified timeframe may constitute grounds for removal. C. Application Disclosure and Membership Restrictions. 1. Applicants for appointment to the Planning Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board. 2. No member of the Planning Commission may be a City of Stockbridge employee, hold any elected or appointed City office, or serve the City in any other compensated or uncompensated capacity during their term of service on the Planning Commission. D. Composition. 1. The Planning Commission shall be composed of six (6) qualified members. 2. The Community Development Director or their designee shall serve as ex officio, non-voting staff liaison to the Planning Commission. E. Term of Office. All members shall be appointed for a term of four (4) years; provided however, that in the initial appointment, approximately one-half of the members shall be appointed for a term of two (2) years. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. F. Compensation. Each member shall be compensated in a manner prescribed by the Mayor and City Council. 8.2.3 Officers A. The Planning Commission shall elect one (1) of its appointed members as chair. The chair shall serve for one (1) year or until re-elected or a successor is elected. B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or until re-elected or a successor is elected. C. The Community Development Director shall appoint a designated employee from the department to serve as the secretary of the Planning Commission. 8.2.4 Meetings and Rules of Procedure A. Meetings. 1. Regular Meetings. The Planning Commission shall meet on the third Thursday of each month at 6:30 p.m., or as established by the Planning Commission due to holidays and unforeseen circumstances. Meetings may be held in person, virtually, or in a hybrid format as permitted by state law and City policy, provided public access and participation are maintained. 2. Special Meetings. Special meetings may be called by the Chair of the Planning Commission or a majority of the members of the Planning Commission. B. Minutes and Public Records. The secretary of the Planning Commission shall keep minutes of its proceedings, recording the presence or absence of members and the vote of each member. C. Meetings and Hearing to the Public. All meetings and hearings of the Planning Commission shall be open to the public. D. Public Notice. Public notice of Planning Commission meetings shall be provided as required for each application type as provided in Chapter 10, Public Hearing Application, Review Procedures. E. Quorum. Four (4) of the appointed members shall constitute a quorum for the transaction of business. All rules, policies and procedures governing the Planning Commission shall be hereinafter governed by this requirement. F. Consideration of Applications and Other Actions. The Planning Commission may take action or make a decision or other determination by majority vote of the quorum present at the meeting. Both the Chair and Vice Chair, when in attendance, are authorized to vote on the decision. G. Appeal. The City Clerk shall be authorized to accept service for any appeal. 8.2.5 Rules and Operating Procedures A. The Planning Commission shall follow any by-laws and rules for the transaction of business adopted by the Mayor and City Council. B. The Planning Commission shall maintain a record of its resolutions, transactions, findings, and determinations, which record shall be public record. 8.2.6 Powers and Duties The Mayor and City Council hereby create the Planning Commission with the following powers and duties: A. General Authority. 1. The Planning Commission shall perform duties as directed by the governing body. 2. The Planning Commission may exercise additional powers as may be described elsewhere in this UDC, as applicable. B. Review Authority. With respect to this UDC, the Planning Commission shall review and make recommendations to the Mayor and City Council regarding: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Final Authority. With respect to this UDC, the Planning Commission shall be an advisory board only. 8.3 Historic Preservation Commission 8.3.1 Creation The City of Stockbridge Historic Preservation Commission is hereby established and shall be referred to hereinafter as the Historic Preservation Commission. 8.3.2 Membership A. All members of the Historic Preservation Commission shall be appointed by the Mayor and City Council. The number of members of each body, and the qualifications of such members are specified in the provisions of this Chapter with respect to such body. B. Qualifications. 1. The Historic Preservation Commission membership shall include, unless otherwise approved by the Mayor and City Council, at least three (3) individuals with disciplines in architecture, history, architectural history, planning, archaeology, and related professions. 2. In order to be qualified, all members shall be residents of the City and individuals who have demonstrated special interest, experience, or education in history, architecture, or the preservation of historic resources. C. Disclosure. Applicants for appointment to the Historic Preservation Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board. D. Composition. 1. The Historic Preservation Commission shall be composed of five (5) qualified members. 2. The Community Development Director or their designee shall serve as ex officio, non-voting staff liaison to the Historic Preservation Commission. E. Term of Office. All members shall be appointed for a term of three (3) years; provided however, that members may not serve more than two (2) consecutive terms. To achieve staggered terms, in the initial appointment, one (1) member shall serve for one (1) year, two (2) members shall serve for two (2) years, and two (2) members shall serve for three (3) years. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. F. Compensation. Each member shall be compensated in a manner prescribed by the Mayor and City Council. 8.3.3 Officers A. The Historic Preservation Commission shall elect one (1) of its appointed members as chair. The chair shall serve for one (1) year or until re-elected or a successor is elected. B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or until re-elected or a successor is elected. C. The Community Development Director shall appoint a designated employee to serve as the secretary of the Historic Preservation Commission. 8.3.4 Meetings and Rules of Procedure A. Meetings. 1. Regular Meetings. The Historic Preservation shall meet on the third Wednesday of each month at 6:30 p.m., or as established by the Historic Preservation Commission due to holidays and unforeseen circumstances. Meetings may be held in person, virtually, or in a hybrid format as permitted by state law and City policy, provided public access and participation are maintained. 2. Special Meetings. Special meetings may be called by the Chair of the Historic Preservation Commission or a majority of the members of the Historic Preservation Commission. B. Minutes and Public Records. The secretary of the Historic Preservation Commission shall keep minutes of its proceedings, recording the presence or absence of members and the vote of each member. C. Meetings and Hearing to the Public. All meetings and hearings of the Historic Preservation Commission shall be open to the public. D. Public Notice. Public notice of Historic Preservation Commission meetings shall be provided as required for each application type as provided in Chapter 10, Public Hearing Application, Review Procedures. E. Quorum. A majority of the appointed members shall constitute a quorum for the transaction of business. All rules, policies and procedures governing the Historic Preservation Commission shall be hereinafter governed by this requirement. F. Consideration of Applications and Other Actions. The Historic Preservation Commission may take action or make a decision or other determination by majority vote of the quorum present at the meeting. Both the Chair and Vice Chair, when in attendance, are authorized to vote on the decision. G. Appeal. The City Clerk shall be authorized to accept service for any appeal. 8.3.5 Rules and Operating Procedures A. The Historic Preservation Commission shall follow any by-laws and rules for the transaction of business adopted by the Mayor and City Council. B. The Historic Preservation Commission shall maintain a record of its resolutions, transactions, findings, and determinations, which record shall be public record. 8.3.6 Powers and Duties The Mayor and City Council hereby create the Historic Preservation Commission with the following powers and duties: A. General Authority. 1. The Historic Preservation Commission shall perform duties as directed by the governing body. 2. The Historic Preservation Commission may exercise additional powers as may be described elsewhere in this UDC, as applicable. B. Duties. 1. With respect to this UDC, the Historic Preservation Commission shall be responsible for the following duties: 2. Prepare and maintain an inventory of property having the potential for designation as historic property; 3. Restore or preserve historic properties acquired by the City; 4. Promote the acquisition by the city of façade easements and conservation easements, as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A., § 44-10-1 et seq.); 5. Conduct educational programs on historic properties located within the city and on general historic preservation activities; 6. Make such investigation and studies of matters relating to historic preservation, including consultation with historic preservation experts, the city council or the commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; 7. Seek out local, state, federal or private funds for historic preservation, and make recommendations to the city council concerning the most appropriate uses of any funds acquired; 8. Submit to the Historic Preservation Division of the Department of Natural Resources a list of historic properties of historic districts designated; 9. Perform historic preservation activities as the official agency of the Stockbridge Historic Preservation Program; 10. Employ persons, if necessary, to carry out the responsibilities of the Historic Preservation commission; 11. Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties. The Historic Preservation Commission shall not obligate the City without prior consent from City Council; 12. Review and make comments to the Historic Preservation Division of the Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; and 13. Participate in private, state, and federal historic preservation programs and with the consent of the City Council, enter into agreements to do the same. C. Review Authority. With respect to this UDC, the Historic Preservation Commission shall review and make recommendations to the Mayor and City Council regarding: 1. Specific districts, sites, buildings, structures, or objects to be designated by ordinance as historic properties or historic districts; and 2. The designation of any district, site, building, structure, or object as a historic property or historic district should be revoked or removed. D. Final Authority. The Historic Preservation Commission shall be responsible for final action regarding: 1. Certificates of Appropriateness; and 2. Historic properties or buildings identified as deteriorating by neglect. 8.4 Governing Body 8.4.1 Purpose The purpose of this section is to establish the authority for review and consideration of certain applications and other proposed actions, and to assign authority to the governing body, the Mayor and City Council of Stockbridge, Georgia. 8.4.2 Powers and Duties A. General Authority. The Mayor and City Council shall have the powers and duties listed below, in addition to those provided elsewhere in the City of Stockbridge Charter, Code of Ordinances, the Georgia Constitution, Georgia General Session Laws, and applicable federal and local laws. B. Final Authority. The Mayor and City Council shall be responsible for final action regarding: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Appointments. The Mayor and City Council shall appoint members of review bodies, as required by this UDC. 8.5 Community Development Director 8.5.1 Defined The Community Development Director shall be the head of the Planning and Zoning Division, as well as other divisions of the Community Development Department, and shall be responsible for administration and enforcement of this UDC. 8.5.2 Delegation of Authority The Community Development Director may delegate any of their authority or responsibility under this UDC by designating one or more City staff members to execute such authority. 8.5.3 Powers and Duties With respect to this UDC, the Community Development Director shall review and make recommendations regarding the following: A. General Authority. 1. The Community Development Director shall perform related duties as directed by Mayor and City Council; and 2. The Community Development Director shall have the powers and duties listed below, in addition to those provided elsewhere in this UDC and other City of Stockbridge Code, as applicable. B. Review Authority. With respect to this UDC, the Community Development Director shall review and make recommendations regarding the following: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifications to conditions placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adoption or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Final Authority. With respect to this UDC, the Community Development Director shall be responsible for final action regarding: 1. Chapter 143, Subdivisions; 2. Chapter 11Section 11.2, Administrative Variances; 3. Chapter 10Section 10.8, Tier 1 Waivers; and 4. Other duties specified elsewhere by this UDC. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES 9.1 Purpose and Intent A. This UDC sets forth procedures for receiving, reviewing, and rendering decisions for the development of any property in the City of Stockbridge. This UDC also sets forth the requirements for appealing decisions and enforcement. The procedures and requirements set forth in this UDC shall be followed in seeking approval of any development. The purpose of this UDC is to establish procedures and standards for the development and subdivision of land. This Chapter aims to achieve the following: 1. Orderly growth and development of new and redeveloped neighborhoods. 2. Coordinate streets within proposed neighborhoods with existing or planned streets and other public facilities. 3. Distribute population and traffic in a manner that will mitigate congestion and overcrowding. 4. Dedicate or reserve parks, greenspaces, and recreational areas, accessible to all residents to serve as community focal points. 5. Set standards for landscaping and detailing of the public domain of streets, parks, and squares to promote pedestrian oriented atmosphere and civic awareness. 6. Provide for pleasing visual environments to ensure public health, safety, and the general welfare to residents of the City. 7. To facilitate adequate provision for water, sewer, and stormwater management facilities; dedication of rights-of-way or easements for streets and utility purposes; proximity of residential areas to employment centers and shopping; further subdivision of larger tracts into smaller parcels; proper land records for public convenience; and permanent identification of real property boundaries. 8. To protect and enhance the quality of the natural environment of the City by encouraging preservation and protection of significant existing trees, assisting in natural control of solar heat, reducing development impacts on storm drainage, assisting in soil conservation and flood control, reducing air emissions and noise, conserving local water supply, and enhancing the visual and aesthetic appearance of the community. 9.2 Permits A. No construction or installation of improvements shall commence in any development until the land disturbance permit has been approved and all applicable preliminary plats, construction plans, and specifications have been approved by the appropriate authorities. B. No development permit shall be issued for the disturbance or construction of any lot until all requirements of this UDC have been met, unless otherwise provided in this UDC. C. No building permit shall be issued for the erection of any building or structure until all requirements of Title 8, Chapter 8.08 of the City of Stockbridge Code of Ordinances are satisfied and until a Certificate of Appropriateness has been issued, if applicable. D. Development, building, and other permits shall only be issued for development on lots of record as defined by this UDC. E. No permits shall be issued on lots described only by metes and bounds. F. All development activities or site work conducted following the approval of a subdivision plat or development plan shall conform to the specifications of the approved plans. 9.2.1 Expiration, Changes, and Extensions A. Application Expiration. An application for land development permit shall expire twelve (12)12 months after the issuance of the latest letter or comments of permit revisions or approval. The application will not expire within twelve (12)12 months if the inactivity is a result of a pending review from an external agency outside the applicant’s control. B. Issued Permit Expiration. An issued development permit remains valid for the duration of the project subject to the following time restrictions: A. Development permits expire twelve (12)12 months from the date of issuance if no activity has been initiated on the project; or B. If twelve (12)12 months elapses between observed activity during proactive inspections. C. Issued Permit Expiration Extension. The Community Development Director is authorized to grant an extension of a development permit for a period of not more than six (6) months. To request an extension, the owner or developer shall submit a written request to the Director no later than thirty (30)30 days after expiration. The Director is authorized to grant only one, one-time extension request for the subject development permit. D. A lapse in or suspension of application or development activity that is the direct result of action or inaction by the City of Stockbridge or an external review authority and for reasons outside the control of the applicant will not be considered a lapse in activity causing the development permit to expire. E. Changes to a previously approved development plan shall require formal re-approval prior to commencement of development activities, except for the following circumstances: A. Repairs to a facility that is part of a previously approved and permitted development. B. Accessory structures, provided applicable permits are obtained. 9.2.2 Application Review and Completeness A. All applications for development permits and building permits in the City shall submit a completed application form and copies of plan sets along with required review fees, as required by the instructions on the form or informational materials provided by the Community Development Department. Partial, incomplete, or unassembled submittals or resubmittals shall be rejected. B. Application materials shall be distributed as provided below: 1. Upon determination of a completed application packet, the Department shall distribute the application for review to internal City departments. If external agency reviews are required, the Department shall direct applicants to the external agency for review. 2. City reviews and external agency reviews may occur concurrently, but the City shall not issue any permits until the external agency approval is received. 3. A traffic impact study may be required as part of a development permit review for projects that meet any threshold in Section 16.1, Multimodal Traffic Impact Studies. C. The Department shall determine whether an application is complete and notify the applicant within five (5) business days of receipt. D. If the Department determines that the application is not complete, it shall send notice to the applicant identifying the deficiencies. The applicant shall have thirty (30)30 calendar days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited. E. If the Department determines that the application is complete, the application shall be processed for review and action. F. Any checklists provided by the City are intended as a guide and convenience for the applicant. Approval or required revisions are based solely on whether the submittal meets the requirements of this UDC. G. No development or building permit shall be issued prior to project acceptance by the water and wastewater service provider. The City may require submission of a capacity letter, will-serve letter, utility approval letter, executed service agreement, or other documentation deemed acceptable by the service provider. H. No development or building permit shall be issued prior to full payment of all applicable fees as determined and periodically adjusted by the City. I. In addition to the requirements of this chapter, applications shall comply with Title 8, Chapter 8.08 of the City of Stockbridge Code of Ordinances, as applicable. 9.2.3 Authority and Applicability A. The Community Development Director oversees issuance of all development permits to ensure site work conforms to federal, state, and local regulations. B. The Director shall have the authority to approve, approve with conditions, or deny the application. C. A development permit is required for land disturbance activity including, but not limited to, clearing and grubbing, dredging, grading, excavating, filling, storage, and construction of improvements such as streets, parking facilities, driveways, access drives, stormwater drainage facilities, sidewalks, or other permanent structures placed on or in the property. D. Water and sanitary sewer system improvements shall be authorized by the utility provider; however, utility placement and land disturbing activities associated with utility work shall be reviewed and permitted by the City to ensure compliance with affected Code standards that may be affected by the construction of such utilities. 9.2.4 Development Plan Components A. All documents submitted as part of an application for land disturbing activity shall abide by the requirements of this subsection. Any submittal that does not satisfy one or more requirements shall be rejected unless the requirement does not apply to a particular submittal. 1. Drawings, except final plats and as-built plats, may be submitted as digital files. 2. All drawings shall contain the dates of preparation and any revisions. 3. All drawings shall be at the same scale and shall be a minimum of one (1) inch equals one hundred (100)100 hundred feet. 4. Drawing sheets shall be uniform in size, no larger than twenty-four (24)24 inches by thirty-six (36)36 inches and shall be uniform in size for a submittal. 5. All drawings shall contain a graphic and written scale and a north arrow. 6. All drawings shall contain the name, address, and telephone number of the preparer(s), property owner(s) and developer(s). 7. Drawings for development proposed in phases shall contain all required information for the total site, for each phase, and shall depict phase lines on the drawings. 8. All drawings shall contain the seal and signature of the licensed professional preparing the drawings and computations. 9. All development plans shall be accompanied by a stormwater management plan meeting the requirements of Chapter 17, Stormwater Management of this UDC. 10. If the subject development proposal would directly disturb a regulatory floodplain, an engineering study and a floodplain management plan shall be provided, in compliance with the requirements set forth in Chapter 15, Environmental Protection of this UDC. 11. A landscape plan shall include sufficient information to determine whether the proposed landscape improvements are in conformity with the requirements of Chapter 4, Development Standards of this UDC. The plan shall identify all trees, natural features, and manmade structures that will be retained upon the site, and describe proposed landscaping improvements and plantings, including the species, size, quantity, and location of trees, shrubs, and other landscaping materials. 12. If the subject development proposal would contain protected open space, a management plan shall be provided, demonstrating compliance with the standards for resource and open space protection in Chapter 4, Development Standards of this UDC. 13. Applications for new or expanded mines or quarries shall provide information necessary to demonstrate compliance with State and Federal laws and regulations. 14. The applicant shall submit two (2) copies of construction improvement plans to the Henry County Water and Sewer Authority (HCWSA), or to the appropriate agency which supplies water and sewer services to the subject property. 15. Erosion and sediment control plans shall comply with the requirements of the subdivision ordinance and shall contain the following additional information: a. Name and phone number of a twenty-four-hour local contact responsible for erosion and sedimentation controls. b. Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters that "Installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities." c. Stormwater and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage areas. d. Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan shall show options for year-round seeding. e. Include the statement: "Mulch, temporary vegetation, or permanent vegetation shall be completed on all exposed areas within 14 fourteen (14) calendar days after disturbance ceases." f. Delineation of disturbed areas within project boundary. g. Detailed drawings and narrative notes to demonstrate compliance with the erosion and sediment control standards set forth in Chapter 15, Environmental Protection of this UDC and the requirements in the current edition of the Manual for Erosion and Sediment Control in Georgia. h. Provide the following Maintenance statement: "Erosion and sedimentation control measures shall be maintained at all times. Additional erosion and sedimentation control measures and practices shall be installed if deemed necessary by onsite inspection." i. Existing and planned contours, with ground slope contour intervals of two (2) feet. Location of erosion and sedimentation control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia. 9.2.5 Development Plan Review Specifications A. The applicant shall submit the number of copies of development plans, supporting data, and supporting plans as specified by the City. All documents submitted as part of an application for land disturbing activity shall meet every specification provided in this subsection. Any submittal that does not satisfy one or more of the requirements herein shall be rejected by the City unless the subject requirement does not apply to a particular submittal. 1. All information needed to demonstrate compliance with the site design and development standards in this UDC. 2. Depiction of existing land uses on adjacent parcels. 3. Draft of proposed covenants or deed restrictions to be imposed on the site. 4. Current zoning designation(s) of the site, including any conditions of zoning the any portion of the property is subject to. 5. The property owner name(s), zoning designations, and tax map parcel numbers of all adjacent parcels. 6. Total site area as measured in acres (minimum precision: the nearest hundredth acre) and square feet (minimum precision: the nearest square foot). 7. Topographic contours and vertical intervals of not more than two (2) feet. 8. Soil conditions pursuant to the U.S. Soil Conservation Service Classifications Manual. 9. Proposed gross residential density and net residential density of the development. 10. Lot layout, including lot and block numbers and/or letters. Layout of all lots shall indicate building setback lines, lot dimensions, and lot area. Lots with detention ponds shall meet minimum zoning area requirements outside the area of the detention pond. 11. For mixed-use developments, drawing notes shall include a table summarizing the total amount of development in each use, the percentage of the total site, net density of proposed residential development. 12. Location of existing and platted property lines, location, width, and names of all platted roads, railroads, utility rights-of-way, public areas, existing buildings or structures. 13. Show all existing and proposed easements. Show drainage easements for storm drainage pipes that cross individual lots. 14. Depict protected open space. 15. Depiction of natural features on the site and adjacent areas, including streams, lakes, other water bodies, wetlands, designated groundwater recharge areas, land subject to a one hundred-year flood hazard, including contour elevations, and geologic features, and other protected environmental features, as set forth in Chapter 15, Environmental Protection, including an outline of wooded areas, vegetation, and surface drainage, together with information on methods for protection of natural features as required in this UDC. State if elevations are taken from a surveyed stream on a FEMA map or if the elevations are from an independent study (HEC-2, QUICK-2, etc.). Flood elevations on any lots within a one-hundred-year flood hazard area shall be shown. In addition, the foundation elevation that is a minimum of three (3) feet above the established one-hundredyear flood evaluation shall be shown. This data may be provided either on the layout or in tabular form. 16. Depiction of required stream buffers and setbacks on the property. Provide detailed plans of all proposed development in the buffer and of all proposed impervious cover within the setback. 17. Wetland areas shall be field located. Notation whether live streams and/or wetlands lie within this subdivision, or unit and phase. Provide a copy of wetlands delineation report from a qualified professional with training and experience in wetland delineation following the guidelines of the latest version of the Army Corps of Engineers Wetlands Delineation Manual. 18. Proposed buffers, landscaping, and tree protection areas and zones. This shall include the location, size, and type of proposed plant materials. 19. Location of all proposed buildings, with indication as to how they will be used (commercial, industrial, recreational or public facility). 20. Details regarding other proposed structures or additions to existing structures, including accessory structures and signs. 21. The configuration and names of proposed roads, alleys, sidewalks, trails, and multi-use paths, with width of pavement and rights-of-way. Total linear feet of proposed roads (per phase and total) shall be indicated. 22. Construction plans of streets including typical cross-section and grade profiles, showing the percent of each grade and length of each vertical curve. 23. Show the centerline stopping distance for all points of access onto public roads and posted speed limits on existing roads. 24. Existing sewers, water mains, drains, culverts and other underground facilities within the tract or within the right-of-way of boundary roads with sizes, grades, and invert elevations from field surveys or other sources. All sizes and data on all utilities shall be provided. Location of proposed public facilities such as sanitary sewers, water mains, storm drainage facilities, culverts, bridges, and other underground or aboveground facilities within the parcel to be developed, or within the rights-of-way of roads bordering the parcel. Sizes, grades and invert elevations from field surveys or other sources, consistent with the requirements of Chapter 16, Infrastructure Improvements. 25. Construction plans of sanitary sewers with grades, service, pipe size, and points of discharge and connection to other trunk or lateral sewers. 26. Construction plans of storm drainage systems with pipe sizes, length, grade, location of outlets, runoff and velocity calculations, etc. All storm drainage systems carrying off-site runoff shall be designed for the one-hundred-year storm event. All storm pipes within any City right-of-way shall be approved by the City. 27. Construction plans of water supply system with pipe sizes and location of hydrants, valves, and all appurtenances. 28. Final contours; street profiles may suffice in indicating cut and fill volumes; however, in many cases, final contours must be shown on the plans. 29. Any structural practice used shall be explained and illustrated with detail drawings. 30. Permanent reference monuments shall be depicted and guaranteed by use of steel pins not less than one-half (½) inch in diameter and thirty (30)30 inches long, with a survey marker cap showing the land surveyors registration number shall be set at all lot corners. Any monuments disturbed by construction or grading shall be reset by the prior to the conclusion of development activities. 31. A demolition plan, if any existing structures or buildings are proposed for partial or total demolition, removal, or relocation. 32. All of the following notes must be prominently provided on the plan set: a. A twenty-foot-20 foot wide storm sewer and sanitary sewer easement exists along each property line and along each lot line, centered on lot lines, for future drainage and sanitary sewer lines. b. All storm drains shall be extended to the rear setback line. c. Grade stakes shall be set on all streets prior to any street grading. An asbuilt subgrade centerline profile shall be submitted and approved by [the] City prior to the installation of curb and gutter or waterlines. d. An as-built detention pond detail and revised hydro study shall be submitted to the City prior to the final approval. e. All undisturbed buffers shall be field located; staked and flagged or marked with "tenax" (or similar type fencing); and shall be submitted to the City for approval prior to grading. B. Any project to be developed in phases shall provide all information for the total site and for each phase. C. Applications for development plans within each watershed protection area identified and regulated in Chapter 15, Environmental Protection shall provide the following additional information: 1. The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir. 2. The location of each perennial stream that crosses or abuts the site. 3. The location of each public reservoir that abuts the site. 4. The location, elevation and orientation of the one-hundred-year floodplain on the site. 5. A certification issued by a registered land surveyor or registered engineer verifying the location of the site as being located either within the water quality critical area, the limited development area or outside of both areas. 6. Location and detailed design of any spill and leak collection systems designed for the purposes of containing accidentally released hazardous or toxic materials. D. The Director of Community Development shall cause for the applicant to be notified of any application deficiencies pursuant to the requirement of this subsection, and the changes necessary to achieve compliance. E. A soil erosion and sedimentation control plan, when in compliance with the standards for erosion and sedimentation control as set forth in Chapter 15, Environmental Protection of this UDC shall be approved prior to issuance of a permit for land development activity. 9.2.6 Pre-Construction Meeting Required A. Prior to commencement of site grading, the applicant shall arrange a pre-construction conference with appropriate City of Stockbridge staff. The meeting shall include review of the soil erosion and sedimentation control plan, street cross-sections and profiles, construction specifications, inspections and testing procedures, stormwater drainage and detention facilities, and other matters concerning the development. The applicant shall provide names, telephone numbers, addresses, and business license numbers of all contractors and subcontractors employed on the job. 1. A separate pre-construction meeting is required with the Henry County Water and Sewer Authority prior to any water or sanitary sewer installation. B. A development permit shall be issued only after approval of construction improvement plans and the soil erosion and sedimentation control plan. Site grading shall be limited only to areas clearly defined in approved plans. Site grading without an approved soil erosion control plan and development permit is a violation of this UDC and shall result in enforcement penalties as provided in Chapter 12, Violations, Penalties, and Enforcement. 9.2.7 Permitting Requirements A. All applications for land development activities shall be completed on forms provided by the City. B. Applications shall be accompanied by payment of fees as required by each department's most recently approved fee schedule. C. No development permit shall be approved absent the submission of a scaled site plan that depicts lot boundaries, all existing conditions, and all proposed improvements. D. The disturbance of land for solely residential development shall not begin prior to a site inspection by the City. The inspection must yield an affirmative result and confirm compliance with this UDC before disturbance activities may commence. Additional inspections may be made, as necessary at the discretion of the City, in order to verify compliance with the requirements of this UDC. E. The disturbance of land for purposes other than solely residential development shall satisfy all of the following requirements. 1. In addition to the local permitting fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the State general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land-disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a), half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-7 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. 2. In addition to the local permitting fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the State general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land-disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a), half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-7 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. 3. Approval by the Henry County Soil and Water Conservation District (district). Immediately upon receipt of an application and plan for a permit, the City shall refer the application and plan to the district for its review and approval or denial concerning the adequacy of the erosion and sedimentation control plan. The district shall approve or deny a plan within thirty-five (35) calendar days of receipt. Failure of the district to act within thirty-five (35) calendar days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the City. Such review shall not be required if the City and the district have entered into an agreement which allows the City to conduct such review and approval of the plan without referring to the application and plan to the district. 4. Identification of any violations of previous permits, the requirements of Chapter 15 of this Code, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing of the application under consideration. 5. Proof of irrevocable letter of credit. F. Proof of payment of all ad valorem taxes levied against the property. G. For development requiring the recordation of a final plat, no development permit shall be issued until the Community Development Department has received a copy of the recorded plat bearing the recording information of the Clerk of Superior Court. The applicant shall be responsible for providing said copy. H. Any development permit may be suspended, revoked, or modified by the Director of Community Development, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this UDC. A holder of a permit shall notify any successor in title to the permit holder as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 9.3 Timber Harvesting A. Applications for timber harvesting are subject to the requirements provided below: 1. A parcel that has been declared silvicultural shall provide all of the information as part of an application to harvest or remove timber. a. A certificate from the tax assessor indicating agricultural preference. b. A forest management plan, demonstrating compliance with the erosion control standards set forth in Chapter 16, Infrastructure Improvements of this UDC. c. A commitment to follow the Georgia Forestry Commission "Best Management Practices." d. A commitment to reforestation of the site. 2. Upon approval by the City, a combined timber removal and logging permit shall be issued. B. Land designated for silvicultural activities may subsequently be developed, provided that a development plan has been prepared and approved by the Director prior to clearing, grading, clear-cutting, or other land disturbance. Where a development plan has been approved, land disturbance and timber removal permits may be issued by the City pursuant to the requirements of this Chapter. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES 10.1 Generally 10.1.1 Purpose The purpose of this Chapter is to provide the procedures and general standards for review of applications that are submitted to administrators or review bodies with the City of Stockbridge under this UDC. 10.1.2 Application Requirements The requirements of this Section shall apply to all applications unless otherwise provided in this UDC. Where applicable, detailed requirements are provided in each application-specific section. 10.1.3 Pre-Application Meeting A. The purpose of the pre-application meeting is to provide an opportunity for the applicant to consult with City staff for advice and assistance prior to preparation of any zoning application. This will enable the applicant to become familiar with the approval process, required documents, the Comprehensive Plan, and public hearing standards that may affect the proposed development. B. The intent of this UDC is that all procedural and development requirements be identified during the pre-application meeting. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a participant at the pre-application meeting, as a representation or implication that the proposal will be ultimately approved or rejected in any form. Additionally, failure of a participant to identify any applicable requirement or condition shall not preclude the City from requiring an applicant to comply with such requirement or condition. C. The pre-application conference may be in person or via virtual meeting/call. D. A pre-application conference may be waived by the Community Development Director at their discretion. E. City-initiated petitions are exempt from pre-application meeting requirements. 10.1.4 Forms and Fees A. Applications required under this UDC shall be submitted on standardized forms approved by the City. All applications shall be filed and completed as specified on the application form. B. All fees associated with a review must be paid in full before any application will be processed or reviewed. C. Filing fees are established and reviewed periodically to defray the cost of processing the application. Fees shall be adopted by the Mayor and City Council. 10.1.5 Determination of Completeness A. All applications shall be complete before their acceptance for review and decisionmaking. A determination of completeness is a determination that all required documents and plans have been submitted in sufficient number, and that all fees have been paid. A determination of completeness is not a determination of compliance with substantive standards and criteria. B. Effect of Incomplete Application. If the Community Development Director determines that the application is not complete, the Community Development Director shall send notice to the applicant identifying the deficiencies. The applicant shall have thirty (30)30 calendar days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken for processing the application. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited. 10.1.6 Application Deadline Applications shall be submitted in accordance with the published Planning and Zoning calendar schedule. A Planning and Zoning schedule indicating submittal dates shall be developed each year, submitted to the City Clerk and made available to the public, upon request. 10.1.7 Concurrent Applications Related applications may be filed and reviewed simultaneously. Applications submitted simultaneously are subject to individual approval. Any application that is contingent upon the approval of another application shall not be eligible for final approval until the contingent application is first approved. 10.1.8 Application Withdrawals, Deferrals, Continuances A. Withdrawals. 1. The applicant may withdraw an application in writing at any time prior to the final decision by the appropriate reviewing body on said application. 2. If a request to withdraw an application is made in a public hearing, the applicant may do so by stating the request on the record. B. Deferrals at Applicant Request (Postponement to a Certain Time). The applicant may request a deferral to a future scheduled meeting by requesting the deferral in writing in advance of the meeting, or by the request on the record at the meeting. In either case, the applicable review or governing body shall vote in a properly advertised meeting to postpone to a certain time. If the date and time of the meeting are not indicated at the time of the originally scheduled public hearing, the application shall be readvertised pursuant to the Public Notice requirements. C. Deferrals by Reviewing or Governing Body (Postponement to a Certain Time). Deferrals by a reviewing body or governing body are authorized, but final decisions shall be made within the identified timeframes outlined herein. 1. Mayor and City Council. Mayor and City Council shall have the authority to postpone to a certain time the review of an application scheduled for public hearings to any future date chosen by the governing body. 2. Planning Commission. The Planning Commission shall issue a recommendation to approve or deny an application or petition within forty-five (45)45 days after the opening of the public hearing or comment period. Failure of the Planning Commission to act within the forty-five-day period shall constitute a recommendation that the application be forwarded to the Mayor and City Council for a final decision. 10.2 Procedures Summary Table 10.2, Procedures Summary Table, provides a summary of review and decisionmaking authority under this UDC. In the event of conflict between Table 10.2, Procedures and Summary Table and the detailed procedures identified in this UDC, the detailed procedures govern. Table 10.2 - Procedures Summary Table Application Type City Staff Planning Commission Mayor and City Council Text Amendments R <R> <DM> Rezoning (i.e., Map Amendments) R <R> <DM> Modifying Conditions of Zoning (major)/Master Plan Amendments (major) R <R> <DM> Special Use Permit R <R> <DM> Variance R <R> <DM> Tier 2 Waiver R <R> <DM> Legend: 1. R = Review or Recommending Body 2. DM = Decision-Making Body (Final Decision) 3. <> = Public Hearing required 10.2.1 Requirements for Amending the Official Zoning Map (Rezoning) A. Requirements. 1. The official zoning map may be amended by the Mayor and City Council on its own motion, on recommendation from the Planning Commission, or by approval by the Mayor and City Council of an application from a property owner. An adopted zoning resolution shall be an amendment to the official zoning map. 2. For rezoning applications filed by others than those initiated by the City of Stockbridge governing body or staff, where properties are held in ownership by multiple persons or entities, it shall be the responsibility of the applicant to ensure they have obtained proper consent to the rezoning from all persons or entities with an ownership stake in the rezoning. 3. If the applicant is acting as the agent of the property owner, the agent shall submit an authorization form executed by the property owner authorizing the agent to file on the owner’s behalf. No application shall be accepted unless such authorization is provided. B. Official Application. 1. Prior to the submittal of an application for rezoning, the applicant shall have participated in the pre-application meeting. 2. Applications shall include, at a minimum, the following information: a. Application form; b. Proof of ownership; c. Property Owner Authorization; d. Campaign Disclosure Forms; e. A property survey conducted no more than five (5) years prior to the filing of the application. Where two (2) or more parcels are included within a proposed development, the survey shall include all parcels that are part of the proposed development, including all phases. The survey shall be prepared and sealed by a surveyor registered in the State of Georgia. If the survey is older than five (5) years, the survey must be certified by a surveyor registered in the State of Georgia as to whether changes have or have not been made to the property; f. A letter of intent, which outlines the details of the request, the reason for requesting an amendment to the zoning map, and addresses the criteria in Section 109.2.2, Review Standards for Rezoning Applications; g. A concept plan containing the information set forth below: i. Project name; ii. Vicinity map showing zoning districts and existing land use within five hundred (500)500 hundred feet of the boundaries of the site; iii. Total area in acres and square feet; iv. Current and proposed zoning classification, together with a summary of the applicable development standards for the proposed zoning district; v. Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas; vi. General location of existing and proposed roads and utility rightsof-way or easements; vii. Location of existing property lines within the development site; Formatted: Underline viii. General location of existing and proposed development by type of use; ix. Proposed residential density and dwelling unit types, if applicable; and x. Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use. h. A general plan for the provision of utilities and infrastructure, to include a report or letter from the City’s Public Works Department, the Henry County Water and Sewer Authority, or the Clayton County Water and Sewer Authority, indicating the availability of water and sewer and a report or letter from the Henry County Environmental Health Department indicating septic suitability if sewer is not available; i. A traffic impact study or trip generation report if it exceeds the thresholds found in Section 16.1.3.A, Thresholds of Applicability. j. Architectural renderings or building plans, as determined by the Community Development Director; and k. Proof of payment of fees. C. Action by the Director. 1. The Director shall prepare a staff report addressing the following uses, in priority: a. Consistency with the Comprehensive Plan; b. The relation that the proposed amendment bears to the purpose of the overall zoning scheme with due consideration given to whether or not the proposed change will help carry out the purposes of this UDC. c. Potential positive effects of the amendment on the character of the proposed zoning district, a particular piece of property, neighborhood, a particular area, or the community. d. The physical conditions of the site relative to its capability to be developed as requested, including topography, drainage, access, and size and shape of the property. e. The impact upon adjacent property owners, should the request be approved. f. The potential impact of the proposed amendment on City infrastructure, including water and sewerage systems. g. The impact of the proposed amendment on adjacent thoroughfares and pedestrian and vehicular circulation and traffic volumes. h. The merits of the requested change in zoning relative to any other guidelines and policies for development that the Planning Commission and Mayor and City Council may use in furthering the objectives of the Comprehensive Plan. i. The capacity of the site to be developed as presently zoned. D. A Community Zoning Information Meeting is required pursuant to Section 10.2.110, Community Zoning Information Meeting (CZIM). E. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. F. Planning Commission Recommendation. 1. The application shall be submitted to the Planning Commission for review at a public meeting prior to a public hearing before the Mayor and City Council. 2. The Planning Commission shall review and make recommendations on the proposed rezoning based upon the standards in Section 10.2.2, Review Standards for Rezoning Applications. 3. The Planning Commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the Planning Commission shall be submitted to the Mayor and City Council. The recommendations of the Planning Commission shall be of an advisory nature and shall not be binding on the Mayor and City Council. 4. In making its recommendation, the Planning Commission may recommend approval, approval with conditions, approval with an alternative zoning district that is lesser intensity than that which was advertised, or denial. Findings shall be set forth in official minutes of the Planning Commission. G. Mayor and City Council Action. 1. The Mayor and City Council shall consider the rezoning application at a public hearing. 2. The Mayor and City Council shall consider the information set forth in the staff report and the findings and recommendations of the Planning Commission. 3. In deciding upon any application for an amendment to the official zoning map, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the request subject to certain conditions necessary to promote and protect the health, safety, and general welfare of the general public and adjacent properties. 4. In deciding upon any application for an amendment to the official zoning map, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the application subject to certain conditions necessary to 5. 6. 7. 8. promote and protect the health, safety, and general welfare of the general public and adjacent properties. The Mayor and City Council may include conditions of zoning which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) involved and to further the goals and objectives of the comprehensive plan. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the community development director in the same manner as any other provision of this UDC. Prior to a final vote being taken upon any application for an amendment to the official zoning map for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to re-file the same zoning map amendment for the same property until twelve (12)12 months has elapsed from the date of withdrawal. Following the public hearing, the Mayor and City Council shall approve, approve with conditions, approve with alternative zoning district that is of lesser intensity than that which was advertised, deny, defer, or any other action within the scope of the Mayor and City Council authority as outlined elsewhere in this UDC, the City of Stockbridge Code of Ordinances, or State or Federal Law. If the zoning decision of the Mayor and City Council is for the rezoning of property and the amendment to accomplish the rezoning is defeated by the Mayor and City Council, then the same property shall not again be considered for rezoning until the expiration of at least twelve (12)12 months immediately following the defeat of the rezoning by the Mayor and City Council. 10.2.2 Review Standards for Rezoning Applications A. In ruling upon any application for a zoning map amendment, or any other zoning decision, the Mayor and Council shall act in the best interest of the health, safety, morals, and general welfare of the City. In doing so, they will consider one (1) or more of the following standards of review which are relevant to the application: 1. Whether the proposal is consistent and/or compatible with the City's plans, goals and objectives reflected in the City's Comprehensive Plan. 2. How the proposal impacts the purposes of the overall zoning scheme, and whether the proposed change furthers the purposes of these zoning regulations. Applications for zoning amendments that do not contain specific site plans carry a rebuttable presumption that the proposed change shall adversely affect the zoning scheme. 3. How the proposal impacts the character of the zoning district, the particular piece of property, neighborhoods, or the community. 4. Whether the proposal creates an isolated zoning district unrelated, and not contiguous, to adjacent properties and nearby districts. 5. How the proposal impacts the aesthetic character of existing and future uses of the property and the surrounding area. 6. Whether the proposal is consistent with adjacent development densities and the density patterns reflected in the Comprehensive Plan. 7. How the proposal impacts the public health, safety, and welfare of the general public and adjacent properties. 8. How the proposal impacts water, sewerage, other public facilities, or public services, and how the proposed amendment impacts expenditures of public funds. 9. How the proposal impacts traffic safety and congestion. 10. How the proposal impacts environmental conditions, including, but not limited to, drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity. 11. How the proposal impacts the provision of adequate light and air. 12. How the proposal impacts the value of adjacent property. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing regulations. 14. Preservation of the integrity of residential neighborhoods shall carry greater weight than other factors. Where property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall carry greater weight. B. After hearing evidence at the zoning hearing, the Mayor and Council shall apply the evidence to the standards of review in making their decision. The Mayor and Council are not required to consider every criterion in the standards of review. The applicant carries the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality, or welfare of the general public and the adjacent properties. C. If the Mayor and Council determine from the evidence that has been presented that the applicant has shown that the proposed zoning map amendment promotes the health, safety, morals, or welfare of the general public and adjacent properties under the standards of review, then the application shall be granted, subject to those reasonable conditions that may be imposed by the Mayor and Council. Otherwise, such applications shall be denied. D. In ruling upon any petition in which the petitioner has brought a challenge to the existing zoning classification, the Mayor and Council shall follow these general lines of inquiry: 1. The existing uses and zoning of the subject and surrounding property. 2. The extent to which property values may be diminished by the particular zoning restrictions. 3. The extent to which the reduction of property values, if any, promotes the health, safety, morals, or welfare of the general public and adjacent properties. 4. The relative gain to the public, as compared to the hardship, if any, which may be imposed upon the individual property owner. 5. The suitability of subject property for development purposes as it is presently zoned. 6. The length of time the property, if it is vacant, has been vacant as it is currently zoned, considered in the context of land development in the vicinity of the property. 7. The existing zoning classification shall be presumed to be valid; it shall be the responsibility of the applicant to present evidence to rebut this presumption. E. If the Mayor and Council determine, from the evidence that has been presented, that the existing zoning classification is unduly burdensome to the applicant and is not offset by consideration of the public's health, safety, morals, and general welfare, and consideration of the integrity of this chapter and of the official zoning map, the Mayor and Council may impose any appropriate zoning classification, including allowable conditions, which might be consistent with the considerations outlined in Subsection (a) of this section. 10.2.3 Annexation Criteria A. When a rezoning request is accompanied by an annexation request, the following criteria shall be considered when reviewing the annexation request: 1. Compliance with applicable sections of O.C.G.A 36-36 for lawful Annexation of Territory and 489 Agreement, as adopted and amended over time; 2. Adequacy of access to the site, or the potential for such adequate access to be provided; 3. Consistency of the proposal with the City's adopted Comprehensive Plan, including but not limited to goals and policies for urbanization, housing, cultural, historic and natural resources, infrastructure, and provision of public infrastructure and community services; 4. The annexation is in the best interest of the City. Generally, the Mayor and City Council may consider the annexation is in the best interest of the City if it meets two (2) or more of the following criteria: a. It provides a needed solution for existing problems resulting from insufficient sanitation, water service, public safety, code enforcement, or other service-related problems; b. It provides land for development to meet public needs including jobs and/or housing in an orderly and logical growth pattern; c. It fills in gaps in existing islands or other types of non-contiguous boundaries; d. It provides needed routes for utility and transportation networks. 10.2.4 Requirements for Modifying Conditions of Approval and Modifying Approved Master Development Plans A. An applicant may file a zoning modification application to request approval of changes to previously approved quasi-judicial actions for master development plans. Such changes may be major or minor and shall be modified in accordance with this Section. B. Major Modifications. Major modifications include changes to allowable uses, maximum density, maximum intensity, or compatibility requirements attached to zoning approval as conditions of approval. The following procedures shall be followed: 1. An application shall be submitted containing details of the amendment requested and the situation giving rise to the need for an amendment. It shall be accompanied by plans fully describing the nature and extent of the amendment. 2. A staff report shall be prepared to address the requirements that are listed in this section for the amended concept plan and/or zoning conditions. 3. A community zoning information meeting is required pursuant to Section 10.2.11, Community Zoning Information Meeting (CZIM). 4. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. 5. The Planning Commission shall review the application for an amended concept plan at a public meeting. The Planning Commission shall consider the application for amended conditions placed on special uses and/or variances and make a recommendation to Mayor and City Council according to the procedures in Section 10.2, Procedures Summary. 6. The Mayor and City Council shall consider the application for amended zoning conditions and/or concept plan at a public hearing according to the procedures in Section 10.4, Procedures for Conducting Public Hearings. C. Minor Modifications. Minor modifications include changes to dimensional design features as depicted on a concept plan. Such dimensional design features, as are provided on a development plan, shall generally conform to the conditions depicted on the concept plan but shall be allowed to vary, provided the Director determines that the development plan is generally consistent with the concept plan conditions. The following information shall be provided: 1. The development plan shall be accompanied by a detailed description of the site design features that are depicted on the development plan that differ from the concept plan. 2. The description of the modifications shall also include an explanation of the need for the modification. 3. The development plan application will be processed as set forth in Chapter 9, Administrative Development Procedures. D. Requests to modify approved development plans may be approved by the Director as set forth below: 1. An application shall be submitted containing details of the amendment requested, the situation giving rise to the need for an amendment and accompanied by plans fully describing the nature and extent of the amendment. 2. Review by the Director shall follow the same procedures and address the same issues as for the original application. 10.2.5 Requirements for Special Use Permits A. Special Uses within each zoning district are uses that may be appropriate in a particular zoning district if controlled as to number, area, location, or relation to other uses may be appropriate in a particular zoning district. A Special Use Permit shall be required for all special uses (identified with an “S” designation) as set forth in the permitted use table in Section 2.3Table 3.1.B, Principal Uses TableLand Uses or as part of a “use” condition. B. Specific use standards may be applicable to the approved special use. C. Any use or activity on the property that is not specifically permitted by Chapter 2, Zoning and Overlay Districts, or the Special Use Permit, as modified, shall be deemed unlawful and subject to Chapter 12, Violations, Penalties and Enforcements. D. Requirements. An application for a Special Use Permit may be submitted by any person, firm, corporation, or agency, provided they are the owner or owner’s representative of the subject property. E. Official Application. The applicant shall submit the special use permit application and associated documents, as identified in Section 9.2.1, Requirements for amending the official zoning map (rezonings). F. Action by the Director. 1. The Director shall make a determination of application completeness. 2. The Director shall prepare a staff report addressing the following issues, in priority: a. The proposed use shall not cause traffic congestion or conditions that will adversely affect nearby properties. b. The physical conditions of the site, including topography, drainage and size and shape, are suitable for the proposed development. c. Adequate public facilities are available to serve the proposed use. d. The applicant has made a binding agreement for any specific limitations or conditions that are necessary to protect the public interest, and to assure the continued beneficial use and enjoyment of nearby properties; or that no special limitations are necessary to protect the public. e. The special use with specific limitations and design features as may have been required will further the aims of the Comprehensive Plan and will not be unduly detrimental to nearby properties. G. A community zoning information meeting is required pursuant to Section 10.2.11, Community Zoning Information Meeting (CZIM). H. Public Hearing. The director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. I. Planning Commission Recommendation. 1. The application shall be submitted to the Planning Commission for review at a public hearing. 2. The Planning Commission shall review the application at a public meeting prior to a public hearing before the Mayor and City Council. 3. The Planning Commission shall submit its report with comments and recommendations according to the published schedule. The recommendations of the Planning Commission shall be submitted to the Mayor and City Council. The recommendations of the Planning Commission shall be of an advisory nature and shall not be binding on the Mayor and City Council. 4. In making its recommendation, the Planning Commission may recommend approval, approval with conditions, or denial. Findings shall be set forth in official minutes of the Planning Commission. J. Mayor and City Council Action. 1. The Mayor and City Council shall consider the application for Special Use Permit at a public hearing. 2. The Mayor and City Council shall consider the information that is set forth in the staff report and the findings and recommendations of the Planning Commission. 3. In deciding upon any application for a Special Use Permit, the Mayor and City Council may, on their own motion or upon the suggestion of the applicant, or on consideration of the recommendations of the Planning Commission, grant the request subject to certain conditions that are necessary to promote and protect the health, safety, and welfare of the general public and the adjacent properties. 4. The Mayor and City Council may include conditions of zoning which they deem necessary in order to make the requested action acceptable and consistent with the proposed uses of the district(s) that are involved, and to further the goals and objectives of the Comprehensive Plan. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the Community Development Director in the same manner as any other provision of this UDC. 5. Prior to a final vote being taken upon any application for a Special Use Permit for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permitted to re-file the same zoning map amendment for the same property until one (1) year has elapsed from the date of withdrawal. 6. Following the public hearing, the Mayor and City Council shall approve, approve as recommended by the Planning Commission, approve with conditions, deny, or defer the Special Use Permit. 7. If the zoning decision of the Mayor and City Council is for a Special Use Permit application to be denied, then the same property shall not again be considered for a Special Use Permit until the expiration of at least twelve (12)12 months immediately following that denial. 10.2.6 Review Standards for Special Use Permit A. In the interest of public health, safety, and welfare, the City Council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the City Council shall consider each of the following: 1. Whether the proposed use is consistent with the Comprehensive Plan adopted by the City Council; 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; 3. Whether the proposed use may violate local, State and/or Federal statutes, ordinances or regulations governing land development; 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; 5. The location and number of off-street parking spaces; 6. The amount and location of open space; 7. Protective screening; 8. Hours and manner of operation; 9. Outdoor lighting; 10. Ingress and egress to the property; and 11. Any other pertinent factors. B. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. 10.2.7 Requirements for Certificate of Appropriateness A. A Certificate of Appropriateness is required for a material change in the appearance of a designated historic property, building, structure, site, or object within a historic district, unless exempted by this UDC. B. Exemptions. The following shall be exempt from the provisions of this article: 1. Interior arrangements. 2. The Department of Transportation and any contractors, including cities and counties, performing work funded by the Department of Transportation. 3. Local governments are exempt from the requirements of obtaining a certificate of appropriateness; provided, however, that local government shall notify the commission 45 days prior to beginning an undertaking that would otherwise require a certificate of appropriateness and allow the commission an opportunity to comment. 4. Minor repairs that do not alter the historic or architectural features existing on the building. 5. In the event an applicant is not certain about whether an item requires a Certificate of Appropriateness or not, an application shall be submitted to the Director for review. The Director shall determine if a Certificate of Appropriateness, with advice provided by the Chair of the Historic Preservation Commission, is required. C. Requirements. An application for a Certificate of Appropriateness can be submitted by any person, firm, corporation or agency for a Certificate of Appropriateness, provided they are the owner or the owner's representative of the subject property. D. Official Application. 1. An application to amend the text of the UDC shall be submitted on forms provided by the City. 2. Prior to submittal of an application for rezoning, the applicant shall have participated in the pre-application conference. 3. Applications shall, at a minimum, include the following information: a. Project name; b. Vicinity map showing zoning districts and existing land use within five hundred (500)500 hundred feet of the boundaries of the site; c. Total area in acres and square feet; d. Current zoning classification, together with a summary of the applicable development standards for the proposed zoning district; e. Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general location of wetlands, and the general location of wooded areas; f. General location of existing and proposed roads and utility rights-of-way or easements; g. Location of existing property lines within the development site; h. General location of existing and proposed development by type of use; i. Proposed residential density and dwelling unit types, if applicable; and; j. Location of proposed open spaces, recreational areas, and public buildings and uses, indicating those areas reserved or dedicated for public use. 4. Application form; 5. Proof of ownership; 6. Property Owner Authorization; 7. A letter of intent, which outlines the proposed scope of work; 8. A concept plan containing the information set forth below: 9. Photographs of all four sides of existing buildings and adjacent structures; 10. Archaeology report if the property contain a documented archaeological site; 11. General plan for the provision of utilities and infrastructure, including the following: a. A report or letter from the city or Henry County Water and Sewer Authority indicating the availability of water and sewer and a report or letter from the Henry County Environmental Health Department indicating septic suitability if sewer is not available. 12. Architectural renderings or building plans, as determined by the Community Development Director; 13. Digital copy of material sample board for any materials being introduced to the exterior of the building or on the site; and 14. Proof of payment of fees. E. Action by the Director and Historic Preservation Action. 1. The Director shall determine completeness F. Public Hearing. The director shall advertise for the public hearing at the Historic Preservation Commission in accordance with Section 10.3, Public Notice Requirements. G. Historic Preservation Action 1. The Historic Preservation Commission must approve or reject an application within forty-five (45)45 calendar days after filing of a complete application. 2. Following the public hearing, the Commission shall approve, approve with conditions, or reject the Certificate of Appropriateness. Failure to act within the 45 -day period constitutes approval of the application. This time may be extended if both the application and the Historic Preservation Commission agree on an extension. 3. The Historic Preservation Commission shall consider the application for a Certificate of Appropriateness at a public hearing. 4. In deciding upon any application for a Certificate of Appropriateness, the Historic Preservation Commission may, on their own motion or upon the suggestion of the applicant, grant the application subject to certain conditions necessary to promote and protect the historic property, building, or district. 5. The Historic Preservation Commission may include conditions which they deem necessary in order to make the requested action acceptable and consistent with the aesthetic, historic, architectural significance and value of the historic property, building involved. Such conditions: a. Shall only be valid if they are included in the motion approving the amendment of adoption. b. Shall be permanent conditions of approval unless a lesser period of time is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condition of their use of the property. d. Shall be permitted and continuously enforced by the Community Development Director in the same manner as any other provision of this UDC. 6. Prior to a final vote being taken upon any application for a Certificate of Appropriateness for which such conditions shall be imposed, such conditions shall be announced at the public hearing and made a part of the motion to approve. If such conditions are found to be unacceptable, the applicant may withdraw or request a postponement. 7. Following the public hearing, the Historic Preservation Commission shall approve, approve with conditions, or reject the Certificate of Appropriateness. 8. A Certificate of Appropriateness shall become void unless construction commences within six (6) months of the date of issuance. A Certificate of Appropriateness shall be issued for a period of 18 months and is renewable. H. Appeals. Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or rejection of a Certificate of Appropriateness may appeal such determination to the City Council. The appeal shall follow the procedures found in Section 11.3, Appeals of Administrative Decisions. 10.2.8 Review Standards for Certificate of Appropriateness A. In the interest of the public health, safety and welfare, the Historic Preservation Commission may exercise limited discretion in evaluating a Certificate of Appropriateness. In exercising such discretion, the Historic Preservation Commission shall consider it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property, building, or district B. For reconstruction, alteration, new construction, renovation, relocation, or demolition, the Commission shall consider each of the following: 1. Whether the proposed action conforms to the design, scale, building materials, setback and site features; and 2. Whether the proposed action conforms to the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings C. For relocation of a building structure, or object, the Historic Preservation Commission shall consider each of the following: 1. Whether the historic character and aesthetic interest the building, structure or object contributes to its present setting; 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; 3. Whether the building, structure or object can be moved without significant damage to its physical integrity; and 4. Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site or object. D. For demolition of buildings, structures, sites, trees judged to be 50 years or older, or objects, the Historic Preservation Commission shall consider each of the following: 1. The historic, scenic or architectural significance of the building, structure, site, tree or object; 2. The importance of the building, structure, site, tree, or object to the ambiance of a district; 3. The difficulty or the impossibility of reproducing such a building, structure, site, tree, or object because of its design, texture, material, detail, or unique location; 4. Whether the building, structure, site, tree, or object is one of the last remaining examples of its kind in the neighborhood or the City; 5. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; 6. Whether reasonable measures can be taken to save the building, structure, site, tree, or object from collapse; and 7. Whether the building, structure, site, tree, or object is capable of earning reasonable economic return on its value. E. Undue Hardship. When, by reason of unusual circumstances, the strict application of any provision of this Section would result in the exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the Historic Preservation Commission, in passing upon applications, shall have the power to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided such variances, modifications interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the Historic Preservation Commission may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. An undue hardship shall not be a situation of the person's own making. F. In granting such certificates, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of the historic property, building, or district. 10.2.9 Requirements for Amendments of the UDC (Text Amendments) This UDC may be amended by the Mayor and City Council on its own motion. If otherwise motioned, a complete application packet shall be required as described below: A. An application to amend the text of the UDC shall be submitted on forms provided by the City. B. The application shall include the following information: 1. Identification of the specific provision proposed for amendment; 2. The proposed modifications in a strikethrough and underline format; 3. A detailed explanation of the rationale and justification for the requested amendment; and 4. A detailed explanation of the potential impacts of the modification on the development of the City of Stockbridge. C. The Director shall prepare a staff report analyzing the proposed amendment and recommending approval, approval with modifications or conditions, or denial. The staff report shall address the following issues: 1. Consistency of the amendment with the Comprehensive Plan. 2. Potential impacts on the character and quality of development in the City and any affected zoning districts. 3. Potential impacts on the provision of infrastructure and improvements. 4. The merits of the proposed amendments relative to any guidelines, policies, or programs which have been adopted in furtherance of the Comprehensive Plan. D. Public Hearing. The director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. E. The Planning Commission shall consider the proposed amendment to the UDC at its regularly scheduled public meeting. 1. The Planning Commission shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report. 2. The Planning Commission shall make a recommendation to the Mayor and City Council for approval, approval with further modifications, or denial. F. The Mayor and City Council shall consider the proposed amendment at a public hearing. 1. The Mayor and City Council shall consider the information set forth in the staff report and the recommendations of the Planning Commission. 2. The Mayor and City Council may approve, approve with conditions, defer, or deny the proposed amendment to the UDC. 10.2.10 Requirements for Amendment to the Comprehensive Plan The Comprehensive Plan may be amended by the Mayor and City Council on its own motion. If otherwise motioned, a complete application packet shall be required as described below: A. An application to amend the text or maps of the Comprehensive Plan shall be submitted on forms provided by the City. B. The application shall include the following information: 1. Identification of the specific provision proposed for amendment. 2. The proposed modifications in a strikethrough and underline format. 3. A detailed explanation of the rationale and justification for the requested amendment. 4. A detailed explanation of the potential impacts of the modification on the development of the City of Stockbridge. C. The Director shall prepare a staff report analyzing the proposed amendment and recommending approval, approval with conditions, or denial. D. The Director shall advertise for the public hearing at the Planning Commission and the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. E. The Planning Commission shall consider the proposed amendment to the Comprehensive Plan at a public meeting. 1. The Planning Commission shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report. 2. The Planning Commission shall make a recommendation to the Mayor and City Council for approval, approval with further modifications, or denial. F. The Mayor and City Council shall consider the proposed amendment at a public hearing. 1. The Mayor and City Council shall consider the information set forth in the staff report and the recommendations of the Planning Commission. 2. The Mayor and City Council may approve, approve with conditions, defer, or deny the proposed amendment to the Comprehensive Plan. 2. 10.2.11 Community Zoning Information Meeting (CZIM) A. Purpose. The purpose of the Community Zoning Information Meeting (CZIM) requirement is to help educate applicants and neighbors about one another's interests, to attempt to resolve issues in a manner that respects those interests, and to identify unresolved issues. B. Applicability. CZIMs are applicant-initiated meetings required to be held for any nonCity-initiated decisions as required by this chapter. They are encouraged in all cases.. C. Written Notice. The applicant or their representative is responsible for completing all requirements of this section. Written notice is required for all CZIMs and shall be sent via certified mail to the owners of all properties that are located within 500 hundred feet of the boundaries of the subject property, as those property owners are listed on the tax records of Henry County. The notices shall be mailed at least ten (10) days before the Formatted: Font: (Default) Calibri date of the CZIM. Written notices shall indicate the nature of the application, the street address of the subject property, and the date, time, place and purpose of the meeting. D. The applicant shall host a meeting, either virtual or in-person, that is accessible to the general public. E. Summary Report. The applicant shall host the meeting and submit a summary of the CZIM prior to the public meeting before the Planning Commission. The summary report shall describe: 1. Efforts to notify neighbors about the meeting date, time, and location (how and when notification occurred, and who was notified); 2. Meeting location, date, and time; 3. Who was involved in the discussions; 4. Suggestions and concerns raised by neighbors; and 5. What specific changes to the proposal were considered and/or made as a result of the meeting. 10.3 Public Notice Requirements All hearings of the Mayor and City Council which involve annexation, zoning map amendments, text amendments of the UDC, Special Use Permits, major modifications of zoning conditions and/or master plans, appeals, and variances are public and subject to notification requirements under the State Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., where applicable. Planning Commission meetings shall be open to the public but are not required to be public hearings. 10.3.1 Public Notice Required A. Notice shall be provided by the City for public meetings and hearings regarding the following actions: 1. Zoning Map Amendment; 2. Special Use Permits; 3. Text Amendments ; 4. Major modification of zoning conditions and/or master development plans; 5. Variances; 6. Certificate of Appropriateness; and 7. Tier 2 Waivers. B. All required public notices shall include the following information: 1. Date and time of the public meeting or public hearing; 2. Place of the public meeting or public hearing; 3. Location of the property being considered; 4. Purpose of the requested action; and 5. For requests to amend the official zoning map, the notice shall include the current and proposed zoning district. C. Forms of notice required for public hearings may include mailed notice, published notice in a newspaper of general circulation, and posted notice by signs as required by Table 10.3.1, Types of Public Notice for Applications below. Table 10.3.1 - Types of Public Notice for Applications Proposal Mailed Posted Published CZIM Comprehensive Plan Amendments Y Y Y -- Annexation Y Y Y -- Rezoning (Map Amendment) Y Y Y Y Modifying Conditions of Approval (Major)/Master Plan Amendment (Major) Y Y Y Y Special Use Permit Y Y Y Y Variance Y Y Y -- Certificate of Appropriateness Y Y Y -- Designation of a Historic District Y Y Y -- Designation of a Historic Property or Building Y Y Y -- Legend: 1. Y = Required; 2. “--” = Not Required 10.3.2 Requirements for Publishing Legal Ads A. Upon receipt of a completed application, fees, and other information required by this Chapter or Chapter 9, Administrative Development Procedures, the Community Development Director shall cause notice of such application to be published within a newspaper of general circulation within the territorial boundaries of the City of Stockbridge at least fifteen (15),15 but not more than forty-five (45),45 calendar days prior to the date of the public hearing. B. For applications to designate a local historic district or to designate a local historic property, notice of the public hearing shall be published at least ten (10) but not more than 20 days prior to the public hearing as provided in O.C.G.A. § 44-10-26 ("Georgia Historic Preservation Act"), or as amended. Notice of the public hearing shall be published on at least three (3) occasions prior to the public hearing. 10.3.3 Requirements for Posting Signs A. The City shall provide standardized signs for posting to provide public notice of meetings and hearings. B. Signs shall be posted as follows: 1. The sign(s) shall be posted in a conspicuous location on the property, adjacent to the street, if possible. 2. The sign(s) shall be posted not less than fifteen (15),15 and not more than fortyfive (45),45 calendar days prior to the date of the public hearing. For applications to designate a local historic district or to designate a local historic property, signs shall be posted not less than ten (10) but no more than 20 days before the public hearing. 3. If the property proposed for rezoning does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street that provides access to the site. C. Any City-initiated request shall be exempt from these posted notice requirements of this section unless otherwise required by the State statute referenced in Section 109.3.5, Additional Notice Required. 10.3.4 Mailed Notices A. Mailed notice shall be provided to all adjacent property owners who own property within five hundred (500500 hundred) feet of the boundary line of the subject property, including those across public rights-of-way, at least fifteen (15),15 but not more than forty-five (45),45 calendar days prior to the public hearing for all variances, special use permits, modifications, amendments to the official zoning map, and certificates of appropriateness. Additionally, notice shall be sent to the subject property owner(s). Said adjacent property owner mailed notices shall be mailed by the applicant, and the applicant shall provide the Community Development Director proof of mailing. B. How Property Addresses are to be Obtained. 1. Mailing addresses for property owners shall be obtained from the most recent tax digest available from the office of the Henry County Board of Assessors. 2. The Community Development Director shall prepare the content of the notice and be responsible for its mailing, unless otherwise required by the application process. 10.3.5 Additional Notice Required When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional requirements. Formatted: Font: Bold A. City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or B. Halfway drug rehabilitation center, or other facility for the treatment of drug dependency; or C. Annexation. 10.4 Procedures for Conducting Public Hearings 10.4.1 Rules of Procedure The following rules of procedure in compliance with O.C.G.A. § 36-66-5 shall govern public hearings before the Planning Commission and the Mayor and City Council. A. Each person speaking before Mayor and Council shall identify him or herself by name, address, and state whether the applicant is owner or agent for the owner. B. Each applicant or other interested party who submits documents at the hearing shall have each document numbered and shall identify each document. Each document submitted shall be made a part of the official record of the hearing. C. Time Allotted for Testimony 1. Each applicant shall have ten (10) minutes to present data, evidence, and opinions that are pertinent to the application. A portion of this time may be saved for rebuttal. 2. Persons who are in opposition shall have a total of ten (10) minutes to address the board. Persons who are in support shall have a total of ten (10) minutes to address the board. Each person shall provide the Community Development Director with his or her name and address. 3. Additional time may be granted equally to the applicant and opponents at the discretion of the Mayor or the chair of the Planning Commission. D. At the conclusion of a hearing by the Planning Commission, the board chair shall announce its recommendation, as required, and instruct the Community Development Director to notify the applicant of such decision or recommendation in writing. The notification shall be made a part of the record on the date written notification is given to the applicant. E. At the conclusion of a hearing by Mayor and Council, the Mayor and Council may take the following actions: 1. Approve the application. 2. Approve the application with conditions. 3. Deny the application. 4. Continue or postpone their deliberations for rendering their decision to a certain date. 5. Remand matters to the Planning Commission for additional review and recommendation if the nature of the request has substantially changed. F. Mayor and City Council shall announce its decision and instruct the Community Development Director or their designee to notify the applicant of the decision in writing. The written notification shall immediately be entered on the minutes and made a part of the record on the date such written notification is given to the applicant. 10.4.2 Additional Hearing Requirements When any of the following actions are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for additional requirements: A. City-initiated rezoning and/or text amendment to revise a zoning classification related to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning; or B. Halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency; or C. Annexation. 10.5 Requirements for Development(s) of Regional Impact A. A proposed development that meets or exceeds thresholds established by the Georgia Department of Community Affairs (DCA), Atlanta Regional Commission (ARC), and Georgia Regional Transportation Authority (GRTA) for a Development of Regional Impact (DRI) shall be reviewed according to the procedures in Chapter 110-12-3, Rules of the Department. B. When a development meeting the threshold standards established by the DCA, ARC, and GRTA is proposed, the City shall take no action (including actions by the director, Planning Commission, or Mayor and City Council) concerning the development until the DRI review process is completed. C. Upon receipt of a request for action related to a project that meets or exceeds the thresholds established for that development category, the City of Stockbridge may request that the applicant submit additional information about the project using forms available from DCA. D. Upon determination that the proposed development is not a DRI, the City may process applications using procedures that are set forth in this UDC. E. Upon conclusion of the DRI review, the City may continue with review and decisionmaking procedures as set forth in this UDC. 1. The City is encouraged to include the public findings and comments regarding the proposed DRI project in considering actions on the application for project approval. 2. Where the project received a negative public finding and the City approves the project, the City shall notify the DCA, indicating any conditions that have been placed on the project to mitigate the negative finding. 3. The Director shall submit applications for DRI review to the DCA. 10.6 Requirements for Designation of Historic Districts and Properties A. Requirements. No ordinance designating any historic property, historic district, or expansion of a historic district may be adopted unless all requirements of this Section have been met. B. Criteria. 1. Historic District. The property or properties to be reviewed for inclusion into the historic district or designation of a new historic district shall meet two or more of the following criteria: a. Has special character or special historic/aesthetic value or interest; b. Represents one or more periods, styles or types of architecture typical of one or more eras in the history of the municipality, county, state or region; and c. Causes such area, by reason of such factors, to constitute a visibly perceptible section of the municipality or County. 2. Historic Property or Building. The property or building to be reviewed for designation shall meet two or more of the following criteria: a. It is an outstanding example of a structure representative of its era; b. It is one of the few remaining examples of a past architectural style; c. It is a place or structure associated with an event or persons of historic or cultural significance to the City of Stockbridge, State of Georgia, or the region; or d. It is the site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, County, State or region. C. Official Application. 1. Applications for the expansion or designation of a historic district may be proposed by the Mayor and City Council, the Historic Preservation Commission, a historical society, neighborhood association, or property owners. 2. An application to amend the text of the UDC shall be submitted on forms provided by the City. 3. Prior to submittal of an application for rezoning, the applicant shall have participated in the pre-application conference. 4. Applications shall, at a minimum, include the following information: a. Description of the proposed property, properties, or building; b. Proposed boundary of the historic district; c. Evaluation of properties within a historic district as contributing or noncontributing; d. List the name(s) of the owner(s) of the property, properties, or building; e. Representative photographs of properties within the historic district; f. Require that a Certificate of Appropriateness be obtained from the Commission prior to any material change in appearance of the designated property; and g. Require that the property or district be shown on the official zoning map of the City of Stockbridge and be kept as a public record to provide notice of such designation. D. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 109.3, Public Notice Requirements. E. Decision-Making Process 1. Historic Preservation Commission Recommendation a. The Historic Preservation Commission shall make or cause to be made an investigation and shall report on the historic, cultural, architectural, or esthetic significance of each place, district, site, building, structure, or work of art proposed for designation or acquisition. No less than 30 days prior to making a recommendation on any ordinance to designate a property, building, or district, the Historic Preservation Commission must submit the report to the Department of Community Affairs or its successor. b. A recommendation to affirm, modify, or withdraw the proposed ordinance for designation shall be provided to City Council within 15 days following the public hearing. 2. Mayor and Council Decision a. Upon receipt of a recommendation from the Historic Preservation Commission, the City Council may adopt the ordinance as proposed, with any amendments they deem necessary, or reject the ordinance. F. Adoption. Within 30 days immediately following the adoption of the ordinance, the owners and occupants of each designated historic property or building and the owners Formatted: Underline and occupants of each structure, site, or work of art located within a designated historic district shall be given written notification of such designation by the City Council, which notice shall apprise said owners and occupants of the necessity for obtaining a Certificate of Appropriateness prior to undertaking any material change in the appearance of the historic property or building designated or within the historic district designated. This notice shall be provided in accordance with Section 10.3.4, Mailed Notices. 10.7 Zoning of Annexed Property with Common Zoning Classification Property which has been annexed from Henry County into the City shall be automatically zoned by the City through the operation of this section for the same use for which the property was zoned immediately prior to annexation, so long as the City and county zoning ordinances share a common zoning classification for such use. As provided under O.C.G.A. § 36-66-4(e), a zoning action taken pursuant to this section shall exempt the City from the notice and public hearing requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. Property which was zoned pursuant to this section may later be rezoned upon compliance with the requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. 10.8 Waivers A. Applicability. The waiver permits specified minor deviations from the zoning ordinance, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow the circumvention of the intent of this Code. There are two (2) tiers of waiver requests defined herein. B. Authorized Waiver Requests. 1. Tier 1. Tier 1 waivers are minor in nature and are intended to solve minor issues that arise from the application of the Code during building and site design and development. a. Reduce width of any dimensional standard for any architectural standard in Section 4.4, Architectural Guidelines by up to twenty percent (20%).20%. b. Reduce width of any dimensional standard for any street or streetscape standard by up to twenty percent (20%),20%, but in no case shall the sidewalk be reduced to less than five (5) feet wide. c. Reorder the landscaped strip, sidewalk, and building zones or relocate improvements and amenities among them (e.g., relocating trees to building zones). d. Allow changes in frequency of improvements in the landscaped strip, sidewalk, and building zones in Section 4.3.10, Streetscape Standards by up to twenty percent (20%) (e.g., increase the separation of bicycle racks from two hundred fifty (250) to three hundred fifty (350) feet). 2. Tier 2. Tier 2 waivers are more significant requests that would result in a more substantial departure from the Code requirements. a. Reduce width of any dimensional standard for any street or streetscape standard by any amount. b. Reduce, alter, or eliminate any standards in Section 4.4, Architectural Guidelines. c. Reduce, alter, or eliminate any standards in Section 4.3.10, Streetscape Standards. d. Reduce, alter, or eliminate any standards in Section 13.7, Buffer Requirements. e. Reduce, alter, or eliminate any standards in Section 13.8, Landscape Requirements. f. Reduce, alter, or eliminate any standards in Chapter 5, Parking. C. Authority to File. Applications for waivers may be filed by the owner of the subject property or the property owner's authorized agent. D. Pre-Application Meeting. A pre-application meeting with the Community Development Department is required for all waiver requests. E. Tier 1 and Tier 2 Notice. 1. Tier 1 Waivers a. Posted notice (signs) shall be posted for a minimum of ten (10) days before a decision is rendered and in a conspicuous place on the subject property to notify the public and adjacent property owners of a request for a Tier 1 waiver. b. Each notice shall provide the following information: i. Purpose of request. ii. Location of property. c. Members of the public wishing to support or oppose a request for Tier 1 waiver shall file their comments in writing with Community Development Department. The deadline for acceptance of comments is ten (10) days after notice was posted. 2. Tier 2 Waivers. Tier 2 waivers require a public hearing. a. The Director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. F. Decision-Making Process. 1. Tier 1 Waivers a. Upon receipt of a complete Tier 1 waiver application, the Community Development Department shall review the proposal and prepare an analysis. b. At least thirty (30)30 days from the submittal of a complete application, the Community Development Director shall act to approve the Tier 1 waiver, approve the Tier 1 waiver with conditions, or deny the Tier 1 waiver based on the applicable review and approval criteria in accordance with this Section. The Community Development Director is also authorized to allow the applicant to withdraw the Tier 1 waiver without prejudice. 2. Tier 2 Waivers a. Staff Review. Upon receipt of a complete Tier 2 waiver application, the Community Development Department shall review the proposal and prepare an analysis and recommendation for consideration by the Planning Commission. b. Planning Commission Recommendation. The Planning Commission shall hold a public meeting on the Tier 2 waiver application. The Planning Commission shall act to recommend that the Tier 2 waiver be approved, approved with conditions, or denied based on the applicable review and approval criteria of this Section. The Planning Commission may also recommend deferral of the application, or, upon request of the applicant, may recommend withdrawal of the application without prejudice. c. Mayor and Council Decision. Upon receipt of a recommendation from the Planning Commission, the Mayor and City Council shall review the Tier 2 waiver application. The Mayor and City Council shall act to approve the Tier 2 waiver, approve the Tier 2 waiver with conditions, or deny the Tier 2 waiver based on the applicable review and approval criteria of this section. The Mayor and City Council is also authorized to withdraw the Tier 2 waiver without prejudice. G. Review and Approval Criteria. The Director may authorize Tier 1 waivers, and the Council may authorize Tier 2 waivers from the provisions of this zoning ordinance based on consideration of the following criteria: 1. Features such as topography, high frequency transmission lines, existing trees of specimen or significant quality, underlying rock, or other condition outside the owner's control to the extent that strict adherence to said requirements would be unreasonable and not consistent with the purposes and goals of this Code; 2. Alternative streetscape or building/facade design configurations are provided; and 3. Proposal will not result in any detriment to the public good, including, without limitation, detriment to the interest of the public, and will not result in any harm to the health, safety, or welfare of the City or the general public. H. Successive Applications. If a waiver application is denied, an application to waive the same zoning ordinance provision for the same portion of the subject property may not be resubmitted for one (1) year from the date of the denial. I. Appeals. See Section 11.3, Appeals of Administrative Decisions for Tier 1 waivers and Section 11.4, Appeals of Final Action by the Mayor and City Council for Tier 2 waivers. J. Amending Conditions. A request for changes in conditions of approval attached to an approved waiver shall be processed as a new waiver application in accordance with the procedures of this division, including the requirements for fees, notices, and hearings. CHAPTER 11: VARIANCES AND APPEALS 11.1 Variances A. A variance may be granted where owing to special conditions, a literal enforcement of the provisions of this unified development code will in an individual case result in unnecessary hardship. B. A variance shall observe the spirit of this unified development code, secure public safety and welfare, and deliver substantial justice. C. The existence of a nonconforming use on adjacent or nearby property shall not constitute a justification for granting a variance. D. The Planning Commission shall make recommendations to the Mayor and City Council which shall have the authority to render a decision on a variance application pursuant to the requirements set forth in this chapter. 11.1.1 Limitations on Power to Grant Variances A. Variances shall be limited to dimensional relief and no variance shall be granted that would result in any of the following situations to: 1. Allow a structure, building, or use not permitted by this Code or not permitted in the zoning district in which a given property is located. 2. Allow an increase in maximum building height. 3. Waive, vary, modify, or otherwise override a condition of approval attached to a quasi-judicial or legislative land use decision. 4. Reduce, waive, or modify in any manner the minimum lot area or lot width required for the zoning district in which a given property is located. 5. Allow the reestablishment, expansion, or enlargement of any nonconforming use that has been abandoned or otherwise no longer has lawful nonconforming status. 11.1.2 Criteria for Variances A. The Community Development Director, Planning Commission, and Mayor and City Council shall consider and find in the affirmative that all the following criteria are met in determining whether a variance shall be approved: 1. Extraordinary and exceptional circumstances which are peculiar to the property due to its size, shape, or topography that are not common to other properties in the same zoning district; 2. A literal interpretation of the provisions of this unified development code would deprive the applicant of rights commonly enjoyed by owners of other properties located in the same zoning district, resulting in unnecessary and undue hardship on the applicant; 3. Granting the variance requested will not confer upon the property owner any special privileges that are denied to other owners of property in the same zoning district; 4. The variance will be consistent with the intent of this unified development code and the Comprehensive Plan and shall not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare; 5. The extraordinary circumstances are not the result of actions of the applicant; and 6. The variance, if granted, is the minimum relief necessary to make possible the reasonable use of land, buildings or structures. 11.1.3 Requirements for Authorizing a Variance A. A variance shall be initiated by an application from a property owner or on behalf of a property owner. An application for a variance must be completed and submitted on standardized forms approved by the City. All applications shall be filed and completed as specified on the application form. B. All fees associated with an application for a variance must be paid in full prior to processing. C. Applications will be submitted to the Community Development Department and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this Chapter and noted in the application materials. D. Once an application has been deemed to be complete, the Community Development Director shall transmit the application and notify the applicant that the application is complete. The application shall then be placed on the next available agenda of the Planning Commission, and the Community Development Director shall oversee preparation of a staff report for the requested variance. The Community Development Director shall also publicly advertise all public hearings to be held for the requested variance in accordance with this UDC and State regulations. E. Incomplete applications shall not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application. 11.1.4 Planning Commission Recommendation A. The Planning Commission shall hold a public hearing for an application for a variance. Following the public hearing, the Planning Commission shall issue an advisory recommendation for the requested variance. 1. The recommendation shall be to approve, approve with conditions, deny, or table the subject request. This recommendation shall be forwarded to the Mayor and City Council prior to their public hearing on the subject request. 2. If the Planning Commission does not issue a recommendation within forty-five (45) 45 calendar days following the public hearing for a given variance request, the Commission shall be considered to have recommended approval of the application. 11.1.5 Mayor and City Council Decision A. Following the issuance of a recommendation by the Planning Commission, the Mayor and City shall hold a public hearing for an application for a variance. B. Following their public hearing on the matter, the Mayor and City Council shall cast a decision on an application for a variance. The final decision is not required to align with the recommendation of the Planning Commission. 1. The final decision, as issued by the Mayor and City Council, shall be to approve, approve with conditions, or deny the subject request. 2. The Mayor and City Council may table the variance application to a future public meeting if there are evolving or uncertain factors that hinder their ability to cast a definite decision at the time. 11.2 Administrative Variances A. The purpose of an administrative variance is to provide the applicant with the minimum amount of relief necessary to avoid unnecessary hardship. B. The Director shall have the power to approve a variance from site design and development standards of this unified development code where the intent of this unified development code can be achieved, equal performance obtained, and the administrative variance would not override conditions of zoning adopted by the Mayor and City Council. The authority to grant a variance shall be limited to the instances provided herein. 1. A reduction of the minimum front, side, or rear yard building setback for a lot of record, provided the following standards are satisfied: a. The building setback reduction is necessary due to geologic conditions, unusual topography, or Tree Protection challenges peculiar to the subject property pursuant to Chapter 134, Buffers, Landscaping, and Tree Protection of this UDC. b. The building setback reduction is limited to a maximum deviation of ten percent (10%) from the minimum code requirement. 2. A reduction or increase of the minimum parking requirements for a particular land use, provided the following standards are satisfied: a. The subject property would not contain fewer than ten (10) parking spaces, including at least one (1) ADA accessible space, as a result of the administrative variance. b. The reduction of minimum parking spaces required is limited to a maximum deviation of ten percent (10%) of the code requirement. c. An increase in the maximum required parking space quantity by greater than ten percent (10%) of the Code requirement if the subject site is undeveloped or contains fewer than ten (10) parking spaces at the time of the request. d. An increase in the maximum required parking space quantity by greater than 20% of the Code requirement if the subject site is developed and contains ten (10) or more parking spaces at the time of the request. 3. A waiver from Chapter 5, Parking requiring a dust free parking surface may be issued by the director provided the parking area consists of a pervious or semipervious materials meeting the following standards: a. There shall be a paved primary lot that serves the parking needs of customers and employees on a regular basis. Unpaved parking spaces may not count toward the parking requirements outlined in Section 4.8 with the exception of spaces dedicated to employees of the business. b. Materials used for unpaved parking shall be approved by the City of Stockbridge Public Works Department prior to installation. Gravel shall not be an acceptable material for impervious parking areas. c. Unpaved parking areas shall be enclosed by a fence that restricts public access. All gates and locks shall be approved by the City of Stockbridge Fire Department prior to installation. d. The unpaved parking area shall meet the design standards for parking lots, with the exception of paving requirements, and including size of spaces, drive aisles, maneuvering areas, and stormwater management. e. A paved driveway leading to the unpaved parking area that is a minimum of twenty-four (24)24 feet in length shall be provided. f. Unpaved parking areas are subject to the landscaping provisions, including the provision that all landscaping be permanently maintained. Surfaces must remain grass and weed free. 4. No administrative variance shall be issued that outright eliminates a requirement development standard. 11.3 Appeals of Administrative Decisions A. The Mayor and City Council shall hear and decide appeals where it is alleged by the appellant that there is error in any approval, denial, written interpretation, or decision made by the Director of the Community Development Department, based on the interpretation or enforcement of the unified development code. B. Only persons or entities that are aggrieved by an action shall be permitted to file an appeal under this Code section. C. A notice of appeal under this Section shall be applied for pursuant to the following: 1. A notice of appeal shall be filed within thirty (30)30 calendar days following the decision or determination that is the subject of the appeal. 2. An appeal shall be made by filing a written notice with the Director of Community Development, specifying the grounds of the appeal and the alleged errors in the decision or interpretation made by the Community Development Department. 3. When applicable, the appellant shall cite the specific section(s) of the unified development code pertinent to the administrative appeal request. 4. A notice of appeal shall be considered filed when a complete notice of appeal is delivered to the Director. D. The Director shall cause for the appropriate departments to be notified that an appeal application and the requisite fees have been filed and shall forward those documents to the appropriate department head and/or his or her designee for handling. 1. The Mayor and City Council shall hold a public hearing for an application for administrative appeals no later than thirty (30)30 calendar days following the filing date of a notice of appeal. The Director shall publicly advertise all public hearings to be held for the requested appeal in accordance with this Code and State regulations. 2. The Director shall oversee the preparation of a staff report for the requested administrative appeal. E. The Mayor and City Council shall render a decision on an application for administrative appeal following a public hearing on the request and the consideration of all testimony, documentary evidence, and matters of record. 1. The decision shall be either to affirm or reverse, wholly or in part, the administrative decision that is the subject of the appeal request. At the time of motioning during a public meeting, the decision shall include a statement of the specific reasons including the proposed findings of fact that support the decision. The findings of fact shall be based on the same evidence received by the first decision maker. 2. The reversal of an administrative decision, in whole or in part, shall be sustained only upon an expressed finding by the Mayor and City Council that the decision by the Director was based on an erroneous finding of a material fact, or that the Director acted in an arbitrary manner. 3. If a motion to reverse or modify is not made within thirty (30)30 calendar days following the public hearing for an administrative appeal, or such motion fails to receive the affirmative vote of a majority of the members present, then the appeal shall be denied. F. The filing of a complete notice of administrative appeal stays all proceedings in furtherance of the action appealed. Proceedings shall not be stayed if it is determined by the Director that a stay would cause imminent peril to life or property, or that the violation is transitory in nature, or that a stay would interfere with the enforcement of this Code or other regulations. 1. An appeal shall stay only those proceedings that involve the subject of the appeal. G. The filing on an appeal does not stop the accruing of assessed civil penalties, if any. 11.4 Appeals of a Final Action by the Mayor and City Council A. All appeals of final decisions of the Mayor and City Council shall be as follows: 1. An appeal of the final decision of the Mayor and City Council under this Chapter may be taken by the applicable processes as stated in O.C.G.A. § 36-66-5.1. 2. If an appeal is being made by way of petition for review to the superior court where the property lies, in accordance with both O.C.G.A. § 36-66-1 et seq., and as provided for in Chapter 4, Title 5 of the Official Code of Georgia Annotated, any petition may be served through the City Manager or Mayor on behalf of the lower judiciary body being appealed, or on behalf of the city. CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT 12.1 Authority The City of Stockbridge and the Community Development Department (and their designee) shall be designated to enforce the provisions, regulations, and intent of this Code. All remedies and enforcement shall comply with the powers set forth in all applicable State of Georgia laws. 12.2 Inspections Inspections and enforcement authority outlined herein shall apply to the Community Development Director. 12.2.1 Right of Entry A. Upon presentation of City identification to the developer, contractor, owner, owner’s agent, operator or occupants, City employees authorized by the Community Development Director shall be permitted to enter during all reasonable hours, or outside reasonable hours, in the event of any emergency threatening life or property, any public or private property for the purpose of: 1. Making inspections to determine compliance with the provisions of this UDC during the open period of any land development, building permit, or other open quasi-judicial or zoning decision. 2. Making inspections to determine compliance with the provisions of this UDC. Where consent is not given to entry, such City employees may seek a warrant to secure entry to the premises B. If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the Community Development Director. C. The owner or operator shall allow the Community Development Director ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography, and videotaping for ensuring compliance with the provisions of this UDC. The owner or operator shall allow the Community Development Director to examine and copy any records that are required under the conditions of any permit granted under this UDC. D. Any temporary or permanent obstruction to safe and easy access to the premises, property, or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Community Development Director and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator. E. Unreasonable delays in allowing the Community Development Director access to a facility, property, or premises shall constitute a violation of this UDC. F. If the Community Development Director has been refused access to any part of a premises, property, or facility and the Community Development Director is able to demonstrate probable cause to believe that there may be a violation of this UDC, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this UDC or any order issued hereunder, or to protect the overall public health, safety, environment, and welfare of the City, then the Community Development Director may seek issuance of an inspection warrant from the magistrate court. G. The Community Development Director may determine inspection schedules necessary to enforce the provisions of this UDC. 12.2.2 Inspection Warrants A. The Community Development Director, in addition to other procedures provided, may obtain an inspection warrant for the purpose of inspection or investigation of conditions relating to the enforcement of this UDC or observation, measurement, sampling, or testing with respect to the provisions of this UDC. B. Inspection warrants may be issued by the magistrate court when the issuing judge is satisfied that the department has established by oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes the property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of the property. C. An inspection warrant shall be issued only if it meets the following requirements: 1. The warrant is attached to the affidavit required to be made in order to obtain the warrant; 2. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection; 3. The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; 4. The warrant refers, in general terms, to the code provisions sought to be enforced; and 5. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection; 12.3 Enforcement A. Inspections and enforcement authority outlined herein applies to the Community Development Director. B. It is the duty of the Community Development Director to enforce the provisions of this Section. C. In addition, it is the duty of all officers and employees of the City, especially members of the Code Enforcement and Police Department, to assist the Community Development Director by reporting any seeming violations, including violations in new construction, redevelopment, or land use. D. Failure to Obtain a Permit. If any person commences any activity requiring a permit as prescribed in this UDC without first obtaining said permit, the person shall be subject to revocation of his/her business license, work permit, or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority. 12.3.1 Responsibility A. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Stockbridge, its officers, or employees, for injury or damage to persons or property. B. Enforcement. If the Director determines that any violation of this UDC is taking place, or that a condition of zoning, variance, or other permit or administrative approvals are not complied with, the Director shall present to the owner, owner’s agent, occupier, or party responsible for such use or activity, a notice of violation and order the use or activity to cease immediately. C. Violation. The owner of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be held responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the findings of the Community Development Director (and their designees). D. Responsibility of Historic Properties or Buildings. The owner of any historic property or buildings within historic districts shall be responsible for any maintenance or repair to deterioration by neglect. Such conditions shall include but not be limited to broken windows, doors and exterior openings which allow the elements and vermin to enter, or the deterioration of a building's structural system. In the event the owner fails to provide ordinary maintenance or repair, it will be considered a violation in accordance with this Chapter. 12.3.2 Procedure for Violations There shall be a three-step procedure for violations of this UDC. These steps are as follows: A. The Community Development Director (and their designees) shall issue a notice of violation to the person(s) who has committed, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been determined and that it must be corrected within thirty (30)30 days of the mailing date or posting of notice. The violator will have the opportunity to respond prior to the imposition of a penalty and further rights as provided in this Section. B. The Community Development Director (and their designees) shall issue a notice of fines and penalties to the person(s) who have committed, in whole or in part, a violation. The notice of fines and penalties is a citation that states the fines and penalties for the violation. The person(s) in violation will have fifteen (15)15 days to pay said fines and/or comply with the penalties. The person(s) in violation must correct the violation within fifteen (15) 15 days or face additional notices of fines and penalties. C. If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after notice has been given, the Department of Community Development and/or City of Stockbridge may pursue court action through the municipal court. Fines and liens against the property may also be pursued until the matter is resolved. 12.3.3 Notice of Violation A. The written notice of violation shall at least contain the following information: 1. The name and address of the owner or responsible person; 2. The address or other description of the site upon which the violation is occurring; 3. A description of the nature of the violation; 4. A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this UDC; 5. The deadline or completion date of any such remedial actions or measures, to consist of not less than thirty (30)30 days, except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient; 6. A statement of the penalty or penalties that may be assessed against the owner or responsible person to whom the notice of violation is directed; and 7. The name and contact information of the enforcement officer who drafted the Notice of Violation. B. If the violation has not been corrected within a reasonable length of time, as noticed in the violation, the owner of the property on which such violation has occurred or the owner’s agent, occupier, or other party responsible for the violation shall be subject to the penalties set forth in this Article, provided that the Community Development Director may, at their discretion, extend the time for compliance with any such notice. C. The Community Development Director also shall have authority to issue a warning notice prior to issuance of a notice of violation. A warning notice shall be discretionary when circumstances warrant such action in the opinion of the Community Development Director and shall, under no circumstances, be required prior to issuance of a notice of violation or other enforcement action. If issued, a warning notice shall include all of the requirements set forth in subsection (a)A of Section 12.3.3, Notice of Violation. If a warning notice has not resulted in corrective action within the time specified in the notice, or within any time limit as extended by the Community Development Director, said Director may proceed with a notice of violation or other authorized enforcement action. D. The Community Development Director also shall have the authority to extend the originally issued deadline for compliance by up to six (6) months, if it is established to the Community Development Director’s satisfaction that the responsible party is: 1. Acting in good faith to comply with the notice by taking incremental action to remedy the situation; and 2. Is unusable to comply with the original deadline presented due to financial, medical, or legal hardship, or another extenuating circumstance. 12.3.4 Immediate Public Risk Violations Any violation of this Code which presents an immediate risk to the health, safety, or welfare of the public, or to property within the City of Stockbridge may be corrected by the Community Development Director (and their designees), without prior notice to the property owner or other person responsible for the violation. A. Immediate public risk violations shall include: 1. Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in violation of this UDC. 2. Any sign, structure, landscaping, or other material located on private property which serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public. 3. Any other immediate threat to public welfare as determined by the Community Development Director (and their designees), City Police Department, City Fire Department, and/or other City departments. B. The Community Development Director (and their designees) shall provide notice to the owner of the property upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this Code, by either placing a notice in a conspicuous place on the property or by letter. 1. The notice shall be sent to the property owner via certified mail within twentyfour (24) 24 hours of the seizure. 2. The notice shall include the following: a. A description of the materials seized; b. A citation of the sections of the UDC which were violated and the characteristics of the violation which posed an immediate threat to public welfare; c. The address and phone number of the Department of Community Development and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item; and d. Instructions describing how, where, and when the seized items may be claimed. C. The Community Development Director (and their designees) shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than thirty (30)30 days from the date notice was provided to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of a twenty-five dollar ($25.00) fine and the establishment of a memorandum of agreement between the property owner and Community Development Director (and their designees) regarding the future use of the item in a manner consistent with this UDC. D. Neither Community Development Director (and their designees), the building inspector, or any other official or entity involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken. 12.4 Stop Work Orders and Revocations The Community Development Director may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations. 12.4 Other Enforcement In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of, any one or more of the following actions may be taken against the person to whom the notice of violation was directed. Before taking any of the following actions, the Community Development Director shall first notify the applicant or other responsible person in writing of its intended action as provided in Section 12.3.3, Notice of Violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Community Development Director may take any one or more of the following actions or impose any one or more of the penalties provided in Section 12.6, Penalties for violations: A. Withhold Certificate of Completion/Occupancy. The Community Development Director may refuse to issue a certificate of completion/occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. B. Suspension, Revocation, or Modification of Permit. The Community Development Director may suspend, revoke or modify the permit authorizing the project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Community Development Director may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations. Formatted: Underline C. Bond Forfeiture. The Community Development Director may forfeit a bond, if required to post one. The City may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site and bring it into compliance. 12.6 Penalties for Violations The Community Development Director by mandatory injunction in the city municipal court against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this Code, or the removal of any use or condition in violation of this Code. A. Civil penalties. Where authorized by statute, in the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described by the specified deadline or completion date, the City may impose a penalty not to exceed $1,000 (for each day the violation is not remedied after the specified deadline or completion date). B. Criminal penalties. The Police Department or Community Development Director may issue a citation to the applicant or other responsible person, requiring such person to appear in the magistrate court of the City to answer charges for such violation. Upon conviction, a fine not to exceed $1,000, except where authorized by law, or imprisonment for 60 days, or both shall punish such person. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. Nothing in this UDC shall require issuance of notice of violation or stop work order prior to the issuance of a citation. 12.7 Appeals or Trials A. Any person receiving a notice of violation and/or fines and penalties may appeal the violation and/or fine to the City municipal court. A written statement from the person in violation, giving notice of the filing of an action with a court, shall be submitted to the Community Development Director (and their designees) via certified mail at least thirty (30) days prior to the date any fine is due. B. Fines due will be postponed until the court of jurisdiction have made a ruling as to the violation and/or fine. Failure to meet these deadlines will reinstate all fines due by the person(s) in violation. C. No additional notices will be issued by the Community Development Director (and their designees) if the person(s) in violation has (have) submitted an appeal or notice of court review. 12.8 Enforcement, Remedies, or Injunctive Relief The Community Development Director (and their designees) may bring an action in the City municipal court to invoke any legal, equitable, or special remedy, for the enforcement of any code or regulation, and its subsequent amendments. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION 13.1 General A. Findings. Whereas, The City of Stockbridge finds that trees and associated vegetation provide substantial public benefits and that their preservation and management are essential to protecting the public health, safety, welfare, environmental quality, and economic vitality of the community. Trees contribute to Stockbridge in the following ways: 1. Public Health and Air Quality. Trees produce oxygen essential to human and animal life and improve air quality by absorbing carbon dioxide and intercepting dust, particulate matter, and airborne pollutants. Additionally, trees sequester carbon and contribute to long-term ecological balance, resource stewardship, and community sustainability. 2. Stormwater Management and Water Quality Protection. Trees and their root systems reduce soil erosion, increase stormwater infiltration, decrease runoff and sedimentation, improve water quality, and enhance the natural functions of streams, floodplains, and related buffers, supporting infrastructure sustainability. 3. Wildlife Habitat and Biodiversity. Trees and understory vegetation provide food, shelter, and movement corridors for wildlife, supporting biodiversity and overall ecosystem health. 4. Preservation of Mature Tree Canopy. Existing mature trees provide the greatest ecological benefits, including shading, habitat value, stormwater absorption, and carbon storage, and therefore warrant priority for preservation during development activities. 5. Scenic Quality and Community Character. Trees soften the visual impact of development, streets, and infrastructure, enhance scenic beauty, and contribute to the unique identity and natural character of the City of Stockbridge. 6. Noise, Glare, and Land Use Compatibility. Trees and landscaping provide effective screening and buffering between dissimilar land uses, reducing noise, glare, wind, and visual impacts, and promoting a healthy, livable environment. 7. Protection of Public and Private Infrastructure. Proper planning, placement, and maintenance of trees minimize conflicts with buildings, utilities, streets, and other infrastructure while maximizing long-term environmental and economic benefits. 8. Temperature Moderation. Tree canopy provides shade and cooling that reduces urban heat, moderates air temperatures, and supports long-term public health by mitigating the impacts of extreme heat and climate variability 9. Economic Value and Property Enhancement. Well-preserved and thoughtfully planted trees enhance property values, support economic activity, and improve the visual character and marketability of real property. B. Purpose 1. The City of Stockbridge City Council hereby finds that the preservation of existing trees is a public purpose that protects the public health, safety, general welfare, and aesthetics of Stockbridge and all its citizens. The purpose of these standards is to facilitate the preservation, planting, and/or replacement of trees and to prevent the indiscriminate removal of trees in the city without denying the reasonable use and enjoyment of real property as a part of land development in the city. 2. These standards establish requirements for tree preservation and protection during land development and construction, prevent unnecessary loss of mature trees through clear‑cutting and mass grading, ensure appropriate replanting when tree removal occurs, and protect trees during public and private construction activities to support the quality of life in the City. 13.2 Applicability A. The terms and provisions of this Chapter shall apply to: 1. All real property in the City of Stockbridge city limits except as otherwise provided in this Chapter. 2. Any residential or non-residential development which requires the issuance of a land disturbance permit, development permit, or building permit, except as otherwise provided in this Chapter. 3. Development on any City-owned property, including property owned by city agencies, boards, and authorities, except as otherwise provided in this Chapter. B. No tree or protected landscape feature shall be removed, damaged, or otherwise impacted except in full compliance with the requirements set forth herein. 13.3 Exemptions A. The following shall be exempt from the provisions of this chapter: 1. The removal of five (5) or fewer trees, other than specimen trees, on any singlefamily residential property, within a single calendar year. 2. The removal of more than (5) trees, other than specimen trees, from an owneroccupied, single-family lot may be approved by the director if the owner must remove trees to build a newly permitted structure, or to build an addition to or make improvements to an existing structure where the tree is a physical detriment to the structure, or to improve the health of other trees in the landscape. 3. Zonings conditioned to a specific site plan prior to adoption of the tree protection ordinance, provided that said zoning contains specific conditions for both tree preservation and tree replacement. 4. The removal of trees found to be diseased, or insect infested by the Henry County extension service, the State forestry commission, a certified arborist, or urban forester. 5. The removal of structurally declining trees as determined by the Henry County extension service, the State forestry commission, an certified arborist, or urban forester. 6. The removal of trees from horticultural properties, such as farms, nurseries, or orchards. This exemption shall not include tree harvesting. 7. The removal of any dead, dying, or hazardous (DDH) tree which has become, or threatens to become, a danger to human life or property. The owner/developer, prior to removal of the DDH tree(s), shall provide a report from a professional arborist to the director prior to tree removal. This report shall identify the conditions of the tree(s) that necessitate removal. However, in the case of immediate danger to life and property the tree may be taken down and an inspection requested to verify the condition of the tree. 8. The removal of trees for agricultural activities on land zoned rural residential. 9. The necessary removal of trees by a utility company within dedicated utility easements provided alternative methods to trenching are used when possible, including boring and tunneling. 10. The removal of trees on public rights-of-way conducted by, on behalf of, or any activity pursuant to work to be dedicated to, a Federal, State, County, municipal or other governmental agency in pursuance of its lawful activities or functions in the construction or improvement of public right-of-way. 13.4 Grandfathered Provisions This Chapter shall not apply to any portion of a property included within the limits of a valid and complete application for a land disturbance permit or preliminary plat approval where said application has proceeded through and completed first round red line review by the community development director or to commercial site plans that have been reviewed and red lined by the community development department and which were received by the director or the director’s designee prior the adoption of the ordinance from which this chapter is derived, provided that all time constraints relating to the permit issued shall be observed. 13.5 Procedures A. Application Requirements. 1. Pre-Application Conference. Prior to submission of an application for development, the applicant is required to meet with the Director or Director’s designee this Chapter as it relates to the applicant's property. The purpose of the pre-application conference is to clarify the provisions and procedures of this Chapter and review applicable standards and guidelines for the submittal of documents and required tree protection, replacement, and maintenance measures. 2. Tree Survey. Except as provided elsewhere in this section, a tree survey must be a to-scale map or site plan prepared and sealed by a registered surveyor, or certified engineer, arborist or landscape architect, and shall be required as part of any application for a land disturbance permit, development permit, building permit or preliminary subdivision plat. The survey shall identify: a. All specimen trees and all trees that are to be preserved and counted toward meeting density requirements and inventoried by size (caliper or DBH, whichever is applicable) and species. Trees larger than two (2) inches (DBH) may be identified and counted for unit credit on; b. All specimen tree critical root zones; c. Trees which are proposed to be removed; d. All tree protection zones and tree save areas; e. All buffer with existing trees; and f. Sampling methods may be used to determine tree densities for forested areas, as approved by the Director. 3. Tree Protection Plan. A tree protection plan shall be submitted with other permit drawings as part of the development permits process. This plan may either be a separate drawing, or part of a landscape plan, and shall include the following information: a. Limits of land disturbance, clearing, grading, and trenching; b. Tree save areas; c. Specimen trees; d. Areas of revegetation; e. Location, species, and size (DBH) of existing significant trees and an indication of which significant trees would remain on the site; f. Tree fences; g. Erosion control fences; h. Tree protection signs; i. Tree wells; j. Aeration systems; k. Transplanting specifications; l. Staking specifications; m. Utility lines existing and proposed. The applicant shall coordinate the location of these utility lines with the utility companies to prevent root damage within the critical root zones of protected trees, and to minimize damage to trees located in protected zones; n. Procedures and schedules for the implementation, installation, and maintenance of tree protection measures; o. Calculations of tree density proposed on site; and p. Other applicable drawings as determined by the Director. B. No development or building permit shall be issued until the tree protection plan has been approved by the Director. C. Issuance of a building or land development permit shall be conditioned on the approved tree protection plan and conformance to the provisions of these regulations. Any permit may be voided if its terms are violated D. Tree Protection Inspection. Following the receipt of a complete application, the Director shall schedule and conduct an inspection of the proposed development site. The applicant or applicant's designee shall be advised as to the date and time of the inspection and given an opportunity to participate. 1. Following the inspection said plans shall be reviewed by the Director for conformance with applicable zoning conditions, this Chapter, and any applicable administrative guidelines, and will either be approved or denied. Reasons for denial shall be noted on the tree protection plan or otherwise Stated in writing. 2. Final Inspection. No Certificate of Occupancy shall be issued by the Director with respect to any permit subject to this section unless and until the Director shall have inspected the site and confirmed that all existing trees to remain are in healthy condition and all replacement trees have been planted in accordance with this section. E. Tree Protection Methods. Methods for tree protection must be shown on the tree protection plan. Acceptable methods of tree protection are as follows: 1. Trees identified to be preserved must have a valid, recognizable method of tree protection (tree save) marking or delineation installed at the critical root zones. 2. No person engaged in the construction of any structure or improvement may encroach on a designated tree-save or critical root zone area with heavy machinery, temporary construction related structures such as trailers or portable toilets, or the storage of heavy building materials. 3. During construction, a tree save area must be designated around any trees that are to remain at the end of construction. This includes, but is not limited to, chain link, orange laminated plastic, wooden post and rail fencing, or other appropriate methods that can identify the noninvasive drip line area. 4. The barrier must be placed beyond the critical root zone and prevent the stockpiling of soil or building materials, dumping cleaning solvents, or parking of vehicles or equipment within the tree save area 5. All tree protection measures shall be installed prior to land disturbance. 13.6 Tree Protection 13.6.1 Tree Removal A. Removal of Specimen Trees. The removal of specimen trees from a site may only be allowed in accordance with this Section. 1. Any tree in fair or better condition which equals or exceeds the following diameter sizes is considered a specimen tree: a. Large hardwoods, i.e. oaks, hickories, tulip poplars, and similar species at least 30 inches DBH. b. Large softwoods, i.e. pines, evergreens, and similar species at least 30 inches DBH. c. Small trees, i.e. dogwoods, redbuds, sourwoods, and similar species at least ten (10) inches DBH. d. A tree which may not meet the size requirements above but which is: i. It is a rare or unusual species or of historical significance. ii. It is specifically used by a builder, developer, or design professional as a focal point in a project or landscape. iii. It is a tree with exceptional aesthetic quality. 2. A tree in fair or better condition should meet the following minimum standards: a. A life expectancy of greater than fifteen (15)15 years. b. A relatively sound and solid trunk with no extensive decay or hollow, and less than ten percent (10%) radial trunk dieback. c. No major insect or pathological problem. 3. The Director may identify and require the preservation of a tree stand if it contains one (1) or more specimen trees and the specimen trees are interlocked with other members of the stand in such a way as to imperil the specimen tree if other members of the stand were to be removed 4. Permit. a. Removal of any specimen tree requires a permit. The permit must include the following information: i. A written explanation as to why the tree cannot be retained on the site. ii. Consideration as to whether features of the proposed development can be relocated or designed in a manner that would allow for the retention of the specimen tree and any economic impacts which may occur as a result of such relocations or designs. b. The application to remove a specimen tree may be issued upon finding one or more of the following conditions are met: i. Evidence that alternative site and building designs have been considered by the applicant but would not result in retention of the specimen tree. ii. Retention of the specimen tree would result in less economic use of the property. iii. The site design results in the removal of the minimum number of specimen trees necessary to accommodate the development. iv. The request to remove a specimen tree or trees is reasonable considering the remaining specimen trees on the site that will be retained. B. Removal of Nonspecimen Trees. The removal of nonspecimen trees from a site may be allowed if: 1. The tree is located in an area where a structure or improvement will be placed. 2. The tree is diseased or structurally unsound. 3. The tree poses an imminent danger. 4. The tree interferes with existing utility service. 5. The tree obstructs visibility at intersections. C. Tree Removal Limitations. Nothing in these regulations shall be construed to allow the removal of any tree or vegetation in a required stream buffer, transitional buffer zone or State buffer zone except buffer improvements as authorized by the Director. 13.6.2 Tree Density Requirements A. All sites must maintain a minimum tree density as indicated below. The density requirement must be met whether or not a site had trees prior to development or land disturbance. 1. Residential Developments: 15 units per acre. Formatted: Font: Bold 2. Nonresidential and Multifamily Developments: 30 units per acre. Formatted: Font: Bold B. The term “tree density unit” is not synonymous with “tree.” C. Only trees planted on private property may be counted towards meeting the tree density requirements. Any trees planting within the public rights-of-way do not count towards and are excluded from the site acreage. D. Tree Density Unit Definition and Value. 1. One Tree Density Unit equals one inch in diameter at breast height of an existing tree preserved, or one caliper inch of a replacement tree planted (1:1 ratio). Adjustments to these values, including bonuses and deductions, shall be applied as by the discretion of the Director. 2. Removal of an existing tree may create deductions. Where removal qualifies for a deduction, the associated deduction shall be applied against the site’s total TDU calculation. 3. These requirements apply regardless of whether a site contained trees prior to development. 4. Minimum tree density requirements may be met through: a. Preservation of existing trees with no impact to their critical root zone. a. b. Planting of new trees to supplement any deficit. E. How to Calculate Tree Density Units. Tree Density Units shall be calculated as follows: 1. Base TDUs. Calculate the base TDU value for all existing trees on the site (1 TDU equals 1 inch DBH) and for all replacement plantings (1 TDU equals 1 caliper inch). 2. Adjustments. Apply authorized multipliers to preserved, planted, or removed trees. 3. Total TDUs Provided. Add all credits for all proposed preservation and replacement and subtract all deductions for all proposed removals. The result is the total TDUs provided on the site. 4. Required TDUs. Multiply the minimum TDU requirement and compare the result to the total TDUs provided to determine compliance. 5. Encroachment and Damage. Unauthorized encroachment, damage, or removal of trees shall be subject to the fines and enforcement measures. F. Table 13.5.2.F, Tree Density Units for Existing Deciduous Trees provides the conversion from diameter to density factor units for existing deciduous trees to remain on site. Table 13.5.2.F – Tree Density for Existing Deciduous Trees Existing Tree DBH (inches) Density Units 2 0.8 3 0.8 4 1.6 5 1.6 6 1.6 7 2.4 8 2.4 9 2.4 10 3.2 11 3.2 12 3.2 13 4.0 14 4.0 15 4.0 16 4.8 17 4.8 18 4.8 19 5.4 20 5.4 21 5.4 22 6.0 23 6.0 24 6.0 25 6.8 26 7.4 27 8.0 26 8.6 29 9.2 30 9.8 31 10.4 32 11.2 33 11.8 34 12.3 35 13.4 36 14.2 37 15.0 38 15.8 39 16.6 40 17.4 41 18.4 42 19.2 43 20.2 44 21.2 45 22.0 46 23.0 47 24.0 48 25.2 49 26.2 50 27.2 G. Table 13.5.2.G, Tree Density Units for Evergreens and Conifers provides the conversion from diameter to density factor units for evergreens and conifers to remain on site. Table 13.5.2.G – Tree Density Units for Evergreen and Conifers Existing Tree DBH (inches) Density Units 2 0.6 3 0.6 4 1.4 5 1.4 6 1.4 7 2.2 8 2.2 9 2.2 10 3.1 11 3.1 12 3.1 13 3.9 14 3.9 15 3.9 16 and above Same as deciduous trees found in Table 13.6.F H. Required Front Yard Trees. 1. Properties zoned RR, NR and SR shall provide a minimum of two (2) overstory trees, each not less than two (2) inches caliper, within the required front yard. 2. Properties zoned CCR and MFR shall provide a minimum of one (1) overstory tree, not less than two (2) inches caliper, within the required front yard. 3. Required front yard trees may be existing preserved trees or newly planted replacement trees, provided they satisfy applicable size and species requirements. 4. Existing Credit. Existing preserved overstory trees located within the required front yard may satisfy front yard tree requirements where such trees meet minimum size and species standards. 13.6.3 Mitigation Measures A. General. It shall be the policy of the City to maximize the preservation and maintenance of existing trees and where necessary the planting of replacement trees. An approved Tree Protection and Replacement Plan must be included as a condition for issuance of a Land Disturbance Permit. The City shall have the authority to reject and/or approve appropriate measures (including a combination of measures) based on the requirements of this Chapter and the particular circumstances of each project. It shall also be the policy of the City to provide guidelines for new tree plantings in those instances where no trees currently exist. B. Preservation and Protection of Existing Trees. 1. The required Site Density Factor shall first be met with existing trees when possible. When a choice is available as to which existing trees to save, specimen trees, even isolated individual trees, shall be given preference over other trees. 2. If significant trees exist on a tract of land for which a permit subject to this section is sought, either one 120 inches (DBH) per acre or 25% of existing significant trees per acre of such significant trees, whichever is less, shall be preserved on the site. Trees and tree save areas counting toward this requirement on sites zoned OI, C-1, C-2, LI, or HI may be located in stream buffers, State buffer zones, transitional buffer zones, or designated floodplains. 3. Understory Vegetation. Tree preservation areas shall leave intact the naturally occurring groundcover and understory vegetation except where directed otherwise by the Director in order to allow the removal of undesirable groundcover or understory vegetation. C. Planting of New Trees. 1. Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability. 2. If the required Site Density Factor cannot be accomplished with existing trees, replacement trees shall be planted as required by this Chapter. 3. If the Director determines that special constraints of a site result in an inability to build or develop without removing significant trees on a site, where there are 120 inches (DBH) per acre or less of existing significant trees, the Director may permit the removal of one (1) or more significant trees. Trees removed pursuant Formatted: Font: Bold to this section must be replaced with trees totaling one (1) times the diameter inches of those inches removed. 4. There shall be at least two (2) two-inch (DBH) overstory trees in every front yard of properties zoned RR, NR, and SR. 5. There shall be at least one (1) two-inch (DBH) overstory tree in every front yard of properties zoned CCR and MFR. 6. Required trees may be located on individual lots or in subdivisions in which there is commonly owned property may be located on such commonly owned property. D. Protection of Trees During Construction. 1. Trees identified to be preserved and counted as credit for meeting required unit density shall have four (4) foot tall orange tree protection fencing installed six (6) feet beyond the perimeter of the critical root zones. 2. No person engaged in the construction of any structure(s) or improvement(s) or any activity shall encroach or place solvents, material, construction machinery or temporary soil deposits within six (6) feet of the area outside the critical root zone as defined herein, or any existing significant tree within a tree save area, transitional buffer zone, stream buffer, or State buffer zone. 3. All tree protection devices must remain in functioning condition until completion of the project or until the Certificate of Occupancy is issued. 4. Any tree, designated in the plan to be saved, which is negligently damaged during construction or as a result of negligent construction, as determined by the Director, shall be treated according to accepted National Arborists Association standards. a. If fatally damaged (50% of critical root zone disturbance or structural damage confirmed by an arborist, trees shall be replaced with four (4) inch caliper trees equal to the unit value of the tree removed. b. However, any specimen tree negligently damaged as described above shall be replaced with four (4) inch caliper trees equal to one and onehalf (1.5) times the equivalent inches (DBH) of the tree removed or damaged. c. Replacement of failed replacement trees must occur within 30 days or the next planting season if failure occurs outside planting windows. E. Damage or Disturbance to Trees. 1. General Prohibition. No person shall cause or permit the damage, destruction, or disturbance of any tree regulated except as authorized or exempted under this chapter at any time, including but not limited to: a. Grading, trenching, or excavation within the critical root zone; b. Soil compaction, alteration of grade, or placement of impervious surfaces within a critical root zone; c. Storage of materials, equipment, or debris within the critical root zone; d. Damage caused by vehicles, machinery, or improper pruning; e. Failure to maintain tree protection fencing or required measures during construction; or f. Removal or death of a tree due to neglect of required protection or maintenance measures. 2. Verification and Determination of Damage. If encroachment or other activity results in the decline, irreversible damage, or death of a tree, as verified by a certified arborist, the tree shall be deemed removed and subject to the replacement provisions of this Chapter. 3. Plan Revision and Replacement. The approved Tree Survey and/or Replacement Plan shall be revised to reflect the loss, with replacement trees and/or additional tree density units (TDUs) required to fully compensate for the damage. The revised plan shall be approved by the Director prior to the continuation of site work. 4. Continued Enforcement. Revisions to the Tree Survey and/or Replacement Plan shall not preclude enforcement action. The developer, property owner, or responsible party shall remain liable for all penalties, restoration, and replanting obligations resulting from the violation. F. Removal of Trees from Floodplain. 1. Trees shall not be cut or removed from the floodplain, except as follows: a. Those trees found to be diseased or insect infested by the county extension service, the Georgia Forestry Commission, a certified arborist, or a certified forester. The owner/developer, prior to removal of the diseased or infested tree(s), shall provide a report from a professional arborist to the Director prior to tree removal. This report shall identify the conditions of the tree(s) that necessitate removal. b. As necessary for construction, repair or maintenance of public roads, utilities or stormwater management facilities. c. As part of an approved wetland mitigation plan. G. Protection of Understory Vegetation 1. Tree save areas and tree protection areas shall preserve naturally occurring understory vegetation and groundcover to the maximum extent practicable. 2. Naturally occurring understory vegetation within tree preservation areas shall remain intact except where removal is approved by the Director for: a. Removal of invasive species; b. Removal of hazardous or diseased vegetation; c. Selective removal necessary to promote tree health or survivability; or d. Approved restoration, utility, access, or maintenance activity. 3. Disturbance of understory vegetation within tree save areas shall be minimized to preserve soil stability, root protection, and ecological function. 13.6.4 Tree Replacement Standards A. Table 13.6.4, Tree Density Unit Values for Replacement Deciduous Trees provides the conversion from diameter to density factor units for deciduous replacement trees. Table 13.6.4 – Tree Density Unit Values for Replacement Deciduous Trees Caliper of Replacement Tree (inches) Density Units 2 0.4 3 0.5 4 0.7 5 0.8 6 1.0 7 1.1 8 1.2 9 1.3 10 1.5 11 1.6 12 inches or greater 2.0 B. Seven (7) gallon container-grown pine trees are given replacement value of 0.05 density units. The Director may approve one (1) gallon or three (3) gallon pines. There will be no replacement value given for such trees. C. At least 50% of replacement trees must be overstory trees. D. No more than 25% of replacement trees may be of any single species E. No more than 25% of replacement trees may be evergreen species. F. Any trees eight (8) inches (DBH) and over which have been removed in violation of this Chapter shall be replaced by the violator with four (4) inch caliper replacement trees equal to the unit value of the trees removed. G. Any specimen tree removed from a parcel shall be replaced by one and one-half (1.5) times the equivalent inches (DBH) of replacement trees or existing trees using species with potentials for comparable size and quality at maturity. H. Tree Relocation and Tree Credit. 1. Tree relocation and credit for existing trees replacement units will be granted to trees relocated on site, subject to approval of the Director. Existing trees between two (2) caliper inches and seven and nine-tenths (7.9) caliper inches may be used for credit on the tree replacement plan. 2. Trees used for credit on the tree replacement plan must be chosen from the Table 13.65.5, Recommended Tree List. I. Unless otherwise approved by the Director, trees selected for replanting must meet the minimum standards as provided in the American Standard for Nursery Stock (ANSI Z60.1, 1980) and must be included in Table 13.65.5, Recommended Tree List. J. Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Planting Manual or a similar publication. K. It is desirable that replanted trees be ecologically compatible with the site and neighboring sites. When practical, the replanted trees shall be of the same or similar species as those removed. L. Replacement trees shall be planted in manner that provides adequate space for nourishment, light, and maturation as recommended by the Director. 13.6.5 Recommended Tree Species A. Table 13.6.5, Recommended Tree List represents the recommended trees to be utilized when the planting or replanting of trees is required by this UDC. Table 13.6.5 – Recommended Tree List Overstory Tree Species Scientific Name Common Name Recommended Leaf Habit Acer rubrum Red Maple October Glory, Red Deciduous Sunset Acer saccharum Sugar Maple Betula nigra Riverbirch Duraheat Deciduous Carya aquatica Water Hickory Availability Deciduous Carya cordiformis Bittemut Hickory Availability Deciduous Carya glabra Pignut Hickory Availability Deciduous Deciduous Carya illinoensis Pecan Deciduous Carya tomentosa Mockernut Hickory Celtis occidentalis Hackberry Deciduous Diospyros virginiana American Persimmon Deciduous Fagus grandifolia American Beech Deciduous Fraxinus pennsylvanica Green Ash Deciduous Fraxinus tomentosa Pumpkin Ash Deciduous Gleditsia triacanthos Honeylocust (seedless) Deciduous Ilex opaca American Holly Evergreen Juglans nigra Black Walnut Deciduous Juniperus virginiana Red Cedar Brodie Liquidambar styraciflua Sweetgum Limited Use— Deciduous Rotundiloba (Avail.) Liriodendron tulipifera Tulip Poplar Limited Use Magnolia acuminata Cucumbertree Magnolia grandiflora Southern Magnolia Bracken's Brown Evergreen Beauty, Greenback Magnolia virginiana Sweetbay Magnolia Deciduous Nyssa sylvatica Black Gum Deciduous Nyssa ogeeche Swamp Tupelo Deciduous Pinus echinata Shortleaf Pine Evergreen Pinus strobus Eastern White Pine Evergreen Pinus taeda Loblolly Pine Evergreen Platanus occidentalis Sycamore Deciduous Populus deltoides Eastern Cottonwood Deciduous Quercus alba White Oak Deciduous Availability Deciduous Evergreen Deciduous Deciduous Quercus coccinea Scarlet Oak Deciduous Quercus falcata Southern Red Oak Deciduous Quercus georgiana Georgia Oak Deciduous Quercus hemisphaerica Laurel Oak Evergreen Quercus lyrata Overcup Oak Deciduous Quercus laurifolia Laurel Oak Deciduous Quercus michauxii Swamp Chestnut Oak Deciduous Quercus muehlenbergii Chinkapin Oak Deciduous Quercus nigra Water Oak Deciduous Quercus nuttalli Nuttall Oak Deciduous Quercus palustris Pin Oak Deciduous Quercus phellos Willow Oak Deciduous Quercus prinus Chestnut Oak Quercus rubra Northern Red Oak Deciduous Quercus shumardii Shumard Red Oak Deciduous Quercus stellata Post Oak Deciduous Quercus velutina Black Oak Deciduous Salix spp. Willow Deciduous Taxoduim distichum Bald Cypress Tilia americana American Basswood (Linden) Deciduous Ulmus alata Winged Elm Deciduous Availability Shawnee Brave Deciduous Deciduous Understory and Other Small Tree Species Scientific Name Common Name Recommended Leaf Habit Acer barbatum Florida Maple Deciduous Acer leucoderme Chalk Maple Deciduous Acer saccharum Sugar Maple Deciduous Aesculus pavia Red Buckeye Deciduous Alnus serrulata Alder Deciduous Amelanchier grandiflora x Serviceberry Princess Diana, Deciduous Autumn Brilliance Aralia spinosa Devils Walking Stick Deciduous Asimina triloba Pawpaw Deciduous Betula nigra River Birch Carpinus caroliniana American Hornbeam Deciduous Castanea pumila Chinkapin Deciduous Celtis tenulfolia Georgia Hackberry Deciduous Celtis laevigata Sugarberry Deciduous Cercis canadensis Eastern Redbud Deciduous Cercis reniformis Redbud Chioanthus virginicus White Fringetree Deciduous Cladrastis kentukea Yellowwood Deciduous Cornus spp. Dogwood Florida and crosses Cornus florida Flowering Dogwood Aurora Corylus americana American Hazelnut Cotinus obovatus Smoketree Deciduous Crataegus aestivalis Mayhaw Deciduous Crataegus spp. Hawthorn Crataegus phaenopyrum Washington Hawthorn Deciduous Diospyros virginiana Persimmon Deciduous Halesia carolina Silverbell Deciduous Halesia diptera Two Silverbell Little King Deciduous Oklahoma Kousa Deciduous Filbert Deciduous Thornless cultivars Winged Deciduous Deciduous Deciduous Hamamelis virginiana Witch-hazel Ilex spp. Holly Ilex decidua Possumhaw Juniperus virginiana Red Cedar Deciduous Burford, Carolina #2, Evergreen Foster, Neillie R. Stevens, Savannah, Yaupon Deciduous Lagerstromia indica x Crape Myrtle faurieri Tree form cultivars Deciduous disease resistant and hardy, e.g., Choctaw, Natchez Magnolia grandiflora Southern Magnolia Alta, Bracken's Brown Evergreen Beauty, Greenback, Claudia Wannamaker Magnolia x loebneri Loebner Magnolia Merrill Magnolia macrophylla Bigleaf Magnolia Deciduous Magnolia soulangiana Saucer Magnolia Deciduous Magnolia stellata Star Magnolia Magnolia tripetala Umbrella Magnolia Deciduous Magnolia virginiana Sweetbay Magnolia Evergreen Myrica cerifera Waxmyrtle Evergreen Osmanthus americanus Devilwood Evergreen Ostrya virginiana Eastern Hophombeam Deciduous Oxydendrum arboreurn. Sourwood Deciduous Pinus Virginiana Virginia Pine Pistacia chinesis Chinese Pistache Prunus angustifolia Deciduous Star Man Slopes, Screen Evergreen Deciduous Chickasaw Plum Deciduous Rhamnus caroliniana Carolina Buckthorn Deciduous Rhus glabra Staghorn Sumac Deciduous Salix sericea Silky Willow Deciduous Sassafras albidurn Sassafras Deciduous Styrax americana Snowbell Deciduous Ulmus alata Winged Elm Deciduous Vaccinium arboreurn Sparkleberry Evergreen Trees for Under Powerlines Scientific Name Common Name Recommended Aesculus pavia Red Buckeye Alnus serrulata Alder Cercis candensis Redbud Chionanthus virginicus White Fringetree Cornus spp. Dogwood Florida and Kousa crosses Cornus florida Flowering Dogwood Disease resistant varieties, Aurora Corylus americana American Hazelnut Cotinus obovatus Smoketree Crataegus phaenopyrum Washington Hawthorn Ilex spp. Holly Magnolia soulangiana Saucer Magnolia Myrica cerifera Waxmyrtle Oxydendrum arboreum Sourwood Prunus angustifolia Chickasaw Plum Filbert Nellie R. Stevens, tree form Burford, Yaupon 13.6.6 Invasive Species A. General. For purposes of this section, an invasive species shall include any plant species identified as invasive or prohibited by one or more of the following authorities, as amended from time to time: 1. The Georgia Exotic Pest Plant Council (GEPPC); 2. The Georgia Forestry Commission; or 3. Any additional authoritative source approved by the Director B. No person, property owner, developer, contractor, or agent shall plant, install, replant, or cause to be planted any tree, shrub, vine, groundcover, or other vegetation identified as an invasive species in connection with any development activity, landscaping installation, buffer planting, tree replacement, mitigation plan, or maintenance obligation required or regulated by this Chapter. C. Administrative Invasive Plant Species. The Director is hereby authorized to maintain and periodically update an administrative list of invasive plant species prohibited from planting within the City of Stockbridge. The administrative list shall be used for review and enforcement purposes and shall not require formal amendment of this Chapter. D. Removal and Maintenance of Invasive Species. 1. Invasive Species Removal. Where invasive species are identified within required tree save areas, buffers, landscape areas, or mitigation plantings, the Director may require their removal and replacement with approved non-invasive species consistent with the intent of this Chapter. 2. Replacement Requirements. Removal of invasive species shall not generate tree density credit or replacement credit unless otherwise approved by the Director. Replacement plantings shall comply with all applicable tree preservation, replacement, and landscape standards of this chapter. E. Enforcement and Violations. 1. Violation: Planting or allowing the planting of prohibited invasive species in violation of this section shall constitute a violation of this chapter. 2. Corrective Action: In addition to any penalties, the Director may require corrective action, including removal and replacement of prohibited plant species at the expense of the responsible party. 13.7 Buffer Requirements 13.7.1 Buffer Standards A. Buffers shall meet the minimum width requirements contained in the zoning ordinance, except as authorized to be reduced by the applicable buffer reduction process, as follows: B. As specified in Table 13.74.6.3.A, Buffer Widths the "Buffer Area Standards Table;" C. As specified in a residential zoning district for a permitted nonresidential use (e.g. a church, temple, synagogue, etc.); or D. As required by a condition of zoning, special use, or variance approval. 13.7.2 Buffer Installation Requirements A. Buffers shall be natural, undisturbed, and free of encroachments except as authorized by a condition of zoning, special use or variance approval, or as authorized herein, and shall contain the existing tree cover and vegetation as well as any supplemental plantings or replantings as may be required. B. Minimum required screening shall consist of an opaque visual screen to a height of six (6) feet, or any combination of existing and replanted vegetation which can reasonably be expected to create an opaque visual screen six (6) feet high within two (2) growing seasons. C. In situations where the required buffer width is partially or completely contained within an existing easement (e.g. power or natural gas transmission, trail easement, etc.), the screening requirements of this unified development codeUDC shall be met outside of the easement area, to ensure a continuous buffer. D. Location. 1. Buffers shall be measured from the property line. 2. Buffers shall be located on the outer perimeter of a lot or parcel, parallel to the lot or parcel boundary line and must be provided along the entire site or lot immediately abutting the property line. 3. Buffers required alongside property lines shall extend to a street right-of-way line unless otherwise required by the Director in order to observe the sight distance requirements contained in the development regulations, or as authorized by a condition of zoning, special use, or variance approval. 4. Breaks for pedestrian, bicycle, and vehicle access are allowed, as approved by the Director. Driveways or walkways must cross a buffer at as near a perpendicular angle as practical. 5. The parking of vehicles and the placement of buildings or structures, except as provided below, is not allowed in a required buffer. Figure 13.7.2.D - Buffer Location Standards E. Plantings. 1. Buffer plantings shall be designed taking into consideration existing conditions, including, but not limited to, soils, topography, streams, and existing vegetation. Native vegetation shall be used for landscaping and buffering unless the applicant demonstrates that the use of non-native, drought-resistant plants would best serve the site and advance the objectives of this Section. 2. Supplemental Plantings. Buffers in which vegetation is non-existent or is inadequate to meet the screening requirements of this Section shall be planted with supplemental plantings so as to provide a year-round visual screen. Such screen shall include: a. Two (2) canopy trees for each 50 feet of buffer length. Canopy trees shall be two-and-a-half (2.5) inch caliper; b. Two (2) understory trees for each 50 feet of buffer length. Understory trees shall be two (2) inch caliper; c. Fifteen (15) screening shrubs with a minimum install height of four (4) feet. d. New deciduous trees shall have a caliper of no less than two (2) inches upon planting, and new evergreens shall be at least six (6) feet tall when planted. F. Non-Vegetative Screening. 1. Non-vegetative materials utilized in addition to the use of existing vegetation and/or supplemental plantings, may consist of walls, fences, earthen berms or any combination thereof. 2. While non-vegetative screening materials may be utilized in addition to natural, enhanced or planted buffers, they are not a replacement of, nor exemption from the requirement to plant buffers. 3. If walls or fences are to be utilized, their placement and installation shall be such to cause minimal disturbance of existing vegetation and located so as to provide an effective visual screen. 4. Fences used in buffers must be made of rot-resistant material or protected from deterioration with waterproofing material. G. Maintenance. Buffers shall be maintained, in perpetuity, by the property owner. 13.7.3 Buffer Widths A. Minimum Width. Buffer widths shall comply Table 134.76.3.A, Buffer Widths, required along the property lines, where applicable. Table 13.7.3.A – Buffer Widths Proposed Development Type Adjacent Zoning RR, NR, SR CCR, MHR MFR, Nonresidential Mixed-Use (C1, C2, OI, LI, and (DT, MUS, MU, HI) PUD Single-Family 25 FT Attached (Townhomes, TwoFamily) and MultiFamily 0 FT 50 FT 0 FT Business/Commercial, 50 FT Public Institutional, or Mixed-Use 50 FT 0 FT 0 FT Industrial 100 FT 0 FT 0 FT 100 FT Figure 13.7.3 - Buffer Width Standards 13.7.4 Disturbance or Encroachments A. Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary sewer conveyance facilities, similar facilities, and any associated easements, shall not encroach into a buffer except for necessary access and utility crossings (e.g. stormwater or sanitary sewer pipes) may encroach into the buffer as near to perpendicular as practical. B. Land disturbance is authorized in areas of a buffer that are devoid of significant existing vegetation provided that the final grade and replanting of vegetation meet the requirements contained herein. C. Dead, dying, diseased, hazardous, or invasive vegetation may be removed from a buffer provided minimal disturbance occurs. Vegetation removed shall be replaced where necessary to meet the buffer requirements contained herein. A landscape architect and/or certified arborist shall identify dead, dying, diseased, hazardous, or invasive vegetation for removal. C.D. Trail installation or connections required per Section 16.7, Trail Construction Standards are authorized to encroach within the buffer. All clearing associated with the construction of such path shall be contained within the required width of the path. 13.7.5 Protection During Land Disturbing Activities A. During authorized land disturbing activities, buffers shall be clearly demarcated and protected prior to commencement of, and during, construction. Limits of disturbance shall be located a minimum of ten (10) feet from the edge of the buffer. B. The method of demarcation and protection shall at a minimum be a continuous single row of four (4) foot tall orange vinyl (or other high visibility color) tree protection fence or shall be protected as required by the Community Development Department. 13.8 Landscape Requirements 13.8.1 Applicability A. Compliance Required. Compliance with this Section shall be required in the following development circumstances: 1. Subdivision, construction, or reconstruction of all residential and nonresidential developments, except as exempted herein. 2. Expansion or alteration of the gross floor area of an existing multi-family dwelling, mixed-use, or nonresidential building by 50 percent or more. B. Compliance Exemptions. Compliance with this Section shall not be required in the following circumstances: 1. Individual lot, single-family development. 2. Duplexes; and 3. Accessory uses, structures, or temporary uses. 13.8.2 General Requirements A. Strategically locate deciduous trees and plants to provide shade and windbreaks to reduce building energy use. B. Coniferous plant material clusters should be sensitively located to create strong visual impact while not impeding views (both into the site and out to the surrounding landscape) or negatively impacting circulation of vehicles. C. Landscape design must consider climate, urban and natural context, and local character. The effects of solar access and shade on roads and sidewalks should be considered when locating landscape materials. D. Reduce water consumption by using xeric plants appropriate to the climate and location. E. Install plant material by hydro-zones based on water requirements. 13.8.3 Maintenance Requirements A. All landscaped areas shall be maintained to ensure that plant materials remain healthy. Any diseased or dead plant materials shall be replaced as soon as reasonably possible based on the growing season, but no later than six (6) months following identification of the need for replacement. B. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, to maintain visual clearance for public safety, and to ensure that landscape and buffer areas serve the intended purpose. C. Provide efficient irrigation systems for all plant materials. Wherever possible, employ the use of flow sensors and weather sensing elements such as rain sensors to ensure that water is not wasted. 13.8.4 Street Trees A. Street trees shall be provided by the developer in non-residential zoning districts under the following conditions: 1. In Overlay Districts listed in Chapter 2, Zoning and Overlay Districts. 2. In zoning districts MUS, MU, and DT. 3. As a condition of zoning. B. Regulations. When street trees are required in non-residential and mixed-use zoning districts the following regulations shall apply: 1. Street trees shall be located along the property frontage, either inside or outside of the public right-of-way, in no case closer than 11 feet to the edge of pavement or back of curb. When the street trees are proposed inside the right-of-way, they shall be located outside of the clear zone per the current edition of the AASHTO Roadside Design Guide subject to Department of Transportation approval. 2. One tree per 50 linear feet of property frontage shall be provided. 3. Street trees shall be selected from Table 4.7.413.8.4.C, Street Trees and shall be two-and-a-half (2.5) inch caliper and six (6) feet in height at the time of planting. 4. Street trees shall be spaced as evenly as possible along the property frontage to create a unified and repetitive tree canopy at maturity with consideration given to lighting, underground utility placement, and utility easements. 5. No more than twenty-five (25)25 (or twenty-five percent (25%)25% of the total number, whichever is greater) of the trees installed may be of any one (1) genus. 6. No more than twenty-five percent (25%)25% of the street trees used in a single development shall be of the small tree species in Table 4.7.413.8.4.C, Street Trees, unless limited by roadway classification or posted speed limit that affect tree placement. 7. No street tree or streetlight standard shall be placed within ten (10) feet of another tree, streetlight standard, utility pole or within five (5) feet of a fire hydrant. C. Appropriate Tree Species. Trees selected for planting or replanting shall be a native species per the Georgia Forestry Commission list of native Georgia trees, or selected from the approved tree list, Table 13.8.4.C Street Trees. Table 13.8.4.C – Street Trees Large Trees Small Trees Nuttall Oak Crepe Myrtle Shumard Oak Saucer Magnolia (variety: Butterflies) Willow Oak Chinese Fringe Tree Gingko (variety: President, Autumn Gold, Golden Rain Tree male gender) Princeton Elm Texas Redbud (Cercis reniformis) Chinese Elm (varieties: Allee, Athena, Kousa Dogwood Drake, Bosque) Bald Cypress (variety: Shawnee Brave) Washington Hawthorn ‘Princeton Sentry’ Zelkova (variety: Green Vase or Village Zelkova (variety: Wires) Green) Northern Red Oak Red Leaf Maple 13.8.5 Landscape Strips A. Applicability: All surface parking areas (of any size) abutting a public street (not including an alley) must be screened using one of the following options. B. Landscape Strip Requirements: A minimum ten (10) foot wide landscape strip planted with a minimum of ten (10) shrubs per 35 linear feet of street frontage, excluding driveway openings. Shrubs shall be provided to screen paved areas and parking lots from the right-of-way. Figure 13.8.5 - Landscape Strip Requirements C. Plant Material. Shrubs shall be at least two (2) feet tall at the time of planting. They must be planted two (2) rows deep and provide a screen within three (3) years of planting. 13.8.6 Landscape Standards for Nonresidential Development A. Applicability. The provisions of this Section apply to all street frontage of nonresidential and mixed-use development sites. B. Disturbance. 1. Required landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and buffer areas shall not be disturbed by grading, property improvements or construction activities, except where necessary to prevent a nuisance, or to maintain natural plant growth, or to remove diseased, misshapen, or dangerous and decayed trees. C. Landscaping Requirements. 1. All landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and buffer areas shall utilize existing natural vegetation in an undisturbed state provided that the existing vegetation is appropriate for inclusion. 2. A minimum of 12% of the total buildable area in any parcel shall be devoted to landscaping. 3. A minimum of 50% of the landscaping area 4. Plantings and Other Required Elements. Where existing vegetation is insufficient, the following trees and shrubs shall be provided as indicated in Table 13.8.6.C, Nonresidential Landscaping Requirements. Table 13.8.6.C – Nonresidential Landscaping Requirements Location Number of Plants Front Yard 1 per 40 linear feet of yard length Side Yard 1 per 25 linear feet of yard length Rear 1 per 25 linear feet of yard length 13.8.7 Parking Lot Landscaping A. Applicability. Parking lot landscaping is required on all on-site surface parking lots with more than 20 spaces created after the effective date of this UDC. 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 Landscaping. All surface parking areas (of any size) abutting a public street (not including an alley) must be screened by a landscape strip as specified in Section 13.8.5, Landscape Strips. Perimeter screening that is not next to a public street must be a minimum of 5 feet in width with a single hedgerow. C. Interior Landscaping. 1. A landscaped interior island must be provided every 12 parking spaces. 2. An interior island must be a minimum of ten (10) feet in width and 300 square feet in area. Each island must include two (2) shade trees. 3. All required shade trees must be chosen from the approved tree list. 4. All required shade trees must be a minimum caliper of two (2) inches and be at least six (6) feet tall at the time of planting. 5. Trees should be placed within interior islands to maximize shading of the pavement. 6. Vehicle stops or curbing shall be used to ensure that vehicles do not overhang required landscaped areas. D. Tree Canopy. 1. In addition to the internal landscaping requirements, a minimum tree canopy cover shall be provided for paved parking areas exceeding 4,000 square feet in new or redeveloped sites. Formatted: Font: 10 pt Commented [DS78]: Should there be an overall site tree canopy requirement? Typically tree density and other landscaping requirements will maintain a certain amount of trees/tree canopy Formatted: Font: Not Bold Formatted: Font: Not Bold 2. Post-Construction Canopy. Post-construction canopy shall be based on proposed canopy cover consisting of both preserved and newly planted trees. Polygon mapping shall be used to delineate canopy groupings. Canopy projections for new plantings shall be based on the species-specific canopy spread data provided in the Appendix. 3. Minimum Required Canopy Cover. At least 50% of paved parking lot area shall be shaded by tree canopy at maturity, as calculated under this section. 4. Plan Requirements. Landscape and site plans shall clearly identify all postconstruction canopy areas and provide supporting calculations demonstrating compliance with the minimum canopy requirement. 6. 13.9 Timber Harvesting A. Timber harvesting may be permitted upon authorization by the Director. B. Permits. Permits authorizing tree harvesting shall be in accordance with the following standards: 1. A 75 foot wide undisturbed buffer shall be provided and maintained along the entire perimeter of the property, including road frontages, during the land disturbing activity, except for authorized access crossings. 2. Notwithstanding the other provisions of this section, no property owner shall be required to preserve an undisturbed buffer that covers more than 25% of the total land area of the property, excluding area inside the 100 year100-year floodplain. In any such case, an alternative buffer width shall be provided, as determined by the Director pursuant to its review of the application for a permit. 3. The property shall be required to meet a tree density standard of 30 units per acre, not including the 75 foot buffer, upon completion of authorized land disturbing activities. 4. The owner/applicant shall utilize the recommended best management practices as established by the Georgia Forestry Commission. 5. Land that has been designated silviculture may be developed after a period of 5 years from harvesting, provided that a development plan has been prepared and approved by the Director prior to any clearing, grading, or other land disturbance. 13.10 Sureties A. Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this tree protection ordinance, and following acceptance by the Community Development Department in accordance with the issuance of a land disturbance permit, development permit, or building permit, the owner shall either provide proof of warranty or post a maintenance bond or other acceptable surety in accordance with Article 18, Sureties and GuaranteesGuarantees and Sureties, warranting the new trees, shrubs or landscape material for a period of no less than two (2) years. B. Compliance Prior to Certificate of Occupancy or Final Plat Approval. In the event that new trees proposed to be planted to achieve the tree density standard as set forth and contained herein, or other trees or landscape material required to be planted as set forth in this UDC, are not installed upon application for a Certificate of Occupancy or final plat approval as appropriate to the project, then a performance bond or other acceptable surety in accordance with Article 18, Sureties and GuaranteesGuarantees and Sureties shall be posted with the City. C. Compliance Upon Permit Completion or Expiration. Properties where a permit is issued to conduct land disturbing activities that do not require the issuance of a Certificate of Occupancy or the approval of a final plat, or said activities as authorized are completed or the permit expires, shall comply with the tree density standard of this section as follows: 1. Clearing, Clearing and Grubbing, or Grading Only Permits. Replacement trees proposed to be planted to achieve the tree density standard of this Chapter which is not planted upon completion or prior to expiration of a clearing, clearing and grubbing, or grading permit, shall be planted within 30 days of the completion or expiration of said permit unless a performance bond is posted with the City. 2. Development Permits. Replacement trees proposed to be planted to achieve the tree density standard of this section which is not planted upon completion or prior to expiration of a land disturbance permit, development permit, or building permit, shall be planted within 30 days of the completion or expiration of said permit unless a performance bond is posted with the City. 13.11 Inspection A. The Community Development Department shall perform an inspection of the plantings and landscape materials required by this Code prior to expiration of the one (1) year warranty or maintenance period. The owner shall be notified of any replacements or restoration that must be made to maintain compliance with this Code or conditions of zoning, special use or variance approval. B. Required landscape material found to be dead or near death shall be replaced prior to release by the community development department of the warranty of maintenance surety. In no case shall replacement be delayed greater than thirty (30)30 days from notification unless a performance bond is posted with the City. 13.12 Continuing Maintenance A. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the perpetual maintenance and protection of buffers and landscape plantings required by this Chapter. B. The City is hereby authorized to order diseased, infested, dying, dead or damaged landscaping required herein to be replaced. C. Buffers that, over a period of time, lose their screening ability shall be replanted to meet the requirements of this Chapter. D. Replacement trees and landscaping shall be in accordance with the applicable provisions of this Chapter. CHAPTER 14: SUBDIVISIONS 14.1 Subdivision Plat Process Applicability These regulations shall govern the subdivision of all land within the incorporated area of the city. A. Any owner of land within such jurisdiction wishing to subdivide land shall submit to the Community Development Department a plat of the subdivision which shall conform to all requirements set forth in these regulations. B. No plat of a subdivision lying within such territory or part thereof, shall be recorded in the Office of the Clerk of the Superior Court of Henry County and no subdivider shall proceed with the improvement of lots in a subdivision until such subdivision plat shall have been approved by the Community Development Director. C. The recording of a plat shall be based on an approved plat and shall not be recorded solely on the basis of a metes and bounds description. 14.2 Plat Procedures A. Applicability. This chapter is applicable to all subdivisions of land involving any: 1. Street dedication; 2. Public infrastructure; 3. Utility extensions; 4. Platted open space or common areas that are not part of an individually owned lot; or 5. All other subdivisions not exempt pursuant to Section 14.6, Exemptions from Preliminary Plat Procedures. B. Effect of Approval. The preliminary plat does not constitute nor provide assurance of approval of the final plat or building or development permits but is to be used as the development design for the subdivision and for the acquisition of a development permit as provided in this Code. C. Improvements prior to Final Plat. No final plat shall be approved unless and until the subdivider has installed all improvements required by this Code, or appropriate sureties have been secured. 14.3 Review and Approval Authority A. The Community Development Department, the Public Works Department, the City Engineer, and the Fire Marshal shall have the authority to review and approve a subdivision plat required by this chapter, consistent with these provisions. B. Neither the Director, the City Engineer, nor the Fire Marshal shall have the authority to waive any requirement of this Code in the review of a subdivision plat. C. Revisions. The procedure for the review of proposed amendments or revisions to previously approved subdivision plat shall follow the process for the initial approval of subdivision plat as outlined below. 14.4 Pre-Application Meeting A. Prior to the preparation of the subdivision plat, the subdivider shall prepare sketch plans and general subdivision proposals. The subdivider or their agent shall then engage in a pre-application meeting with the director regarding the suitability of the plans. B. The purpose of a pre-application meeting is to acquaint the subdivider with plans and policies that might be significant to their proposed development and furnish City staff with preliminary information regarding said development. C. Upon receiving favorable consideration, the subdivider may then proceed to prepare the preliminary plat for submission to the Community Development Department. 14.5 Preliminary Plat Requirements A. Application. Following successful pre-application meeting, the subdivider shall cause to be prepared a preliminary plat, together with other supplementary material as deemed necessary by the Director. B. Preliminary Plat Contents. 1. The preliminary plat shall be prepared by a surveyor, landscape architect, or civil engineer who is licensed to practice in Georgia, affixing the respective seal, signed, and dated. The plat be drawn at a scale no smaller than one hundred (100)100 hundreed feet to an inch and shall show all existing conditions required below and all proposals, including the following: a. Any conditions of approval formally set upon the property by the Mayor and City Council; b. Proposed name of subdivision; c. Name and address of owner of record, and the subdivider (if not the owner); d. Name, address and telephone number of the professional who prepared the plat; e. Date of survey, date of plat drawing, north point and graphic scale; f. Location (land district and land lot), and acreage; g. Quantity of proposed parcels and typical lot sizes; h. A vicinity map depicting streets and highways, land lot lines, railroads and other significant features, within one (1) mile of the proposed subdivision, drawn at a scale sufficient to show the information required; i. Exact boundary lines of the assemblage, giving lengths, bearings, and present zoning designation(s); j. Adjoining property owner names, subdivision names, and zoning; k. Unit divisions or phase of development, if any, proposed by the subdivider; l. Contour lines based on sea level datum and drawn at intervals not greater than two (2) feet. The source of the topographic contours shown shall be specified; m. Natural features within the proposed subdivision, including drainage channels, bodies of water and other significant features. On all watercourses the direction of flow shall be indicated; n. The 100-year floodplain, if any, must be delineated; o. All required stream buffers and setbacks on the property; p. Cultural features existing within the proposed subdivision, including street names, rights-of-way and pavement widths; easements; bridges; culverts; utility lines and structures; buildings; city and county lines; land lot lines; and such other significant information; q. Proposed subdivision layout, including: Street names, central angles of street intersections, approximate street grades, street surface widths; lot lines with dimensions, lot number, block letters; building setback lines with dimensions; sites to be reserved, developed or dedicated for public uses or for nonpublic uses exclusive of single-family dwellings; r. A statement as to the source of the domestic water supply and provisions for sanitary sewage disposal; s. The approximate location of proposed stormwater management facilities, including any Green Infrastructure, hereafter indicated as “GI”, or Low Impact Development, hereafter indicated as “LID”, techniques;; t. Location and results of percolation tests for any lots which will not be served by a public sewage system, as required by the county health department; u. Location and size of all proposed drainage structures, including catch basins, curbs, gutters, grates and headwall; v. Location of all proposed sanitary and storm sewer lines or improvements and any easements required with sufficient dimensions to location same on the ground; w. Location and description of all proposed monuments and pins; x. A written statement on the preliminary plat describing the intent of the plat or proposed development of the property, in no less than one (1) complete sentence. 14.6 Exemptions from Preliminary Plat Procedures A. The types of activities listed here shall be considered subdivisions but may be exempt from the preliminary plat requirements of this chapter, except as noted. Each such exempt subdivision shall be drawn in accordance with final plat standards and shall be submitted with the appropriate fees. 1. Small subdivisions; 2. Re-combinations; and 3. Minor revised final plats. B. Small Subdivisions Exemption. The preceding provisions of this chapter may be waived and a shortened procedure initiated in the case of a subdivision of five (5) lots or less and the subdivider may submit an application for final plat approval, without submitting a preliminary plat, provided that: 1. Each lot in the proposed subdivision abuts an existing public street; 2. The proposed subdivision will not affect any major alterations of utility installations, or other existing or proposed public facilities; and 3. The application for final plat approval meets all the applicable procedural, design, and other requirements of these regulations. C. Re-combination Exemption. The preceding provisions of this chapter may be waived and a shortened procedure may be initiated in the case of a combination or recombination of two (2) or more lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with this Code. D. Minor Revised Final Plat Exemption. The preceding provisions of this chapter may be waived and a shortened procedure initiated in the case when it becomes necessary to revise an original recorded final plat due to some error, required adjustment, or desired adjustment, that is minor in scope and scale of change. This may include the adjustment of lot lines for single-family attached units after as-builts have taken. E. A subdivider intending to use any of these exemption methods shall first consult with the director or their designee, supplying sufficient information to assure that the specified conditions will be met. 14.7 Final Plat Requirements A. Application. Following completion of land disturbance activities, the subdivider shall cause to be prepared a final plat, together with other supplementary material as deemed necessary by the Director. The following shall be provided at the time of the application: B. The final plat shall conform substantially to the preliminary plat; it may, however, represent only that portion of the approved preliminary plat which the subdivider proposes to develop and record at any one time, provided that such portion conforms to the requirements of these regulations. C. Final Plat Contents. 1. The final plat shall be prepared by a surveyor, landscape architect, or civil engineer who is licensed to practice in Georgia, affixing the respective seal, signed, and dated. The plat shall be labeled "Final Plat," be drawn at a scale no smaller than one hundred (100)100 hundred feet to an inch, and shall contain the following information: a. A written statement on the final plat describing the intent of the plat or proposed development of the property, in no less than one (1) complete sentence; b. Name of subdivision; c. Graphic scale, north arrow with reference of bearings to magnetic, true or grid north, and date of survey; d. Location of tract (land lot and land district) and acreage; e. All dimensions accurate to the nearest one-tenth of a foot and all angles accurate to the nearest minute; f. Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line, and building line whether curved or straight. This shall include, but not be limited to, the radium, length of arc, internal angles and tangent distance for the center line of curved streets; g. Exact locations, right-of-way widths, and names of all streets and alleys within and immediately adjoining the plat along with street center lines; h. Street intersection angles and street pavement widths; centerline profiles; i. Minimum required building setback lines and any zoning buffers, with dimensions, or note indicating none required, as applicable; j. Lots or sites numbered in numerical order and blocks lettered alphabetically with lots and sites numbered in numerical order; k. Location, dimensions, and purpose of all depicted easements, public service utility rights-of-way lines; areas (other than streets) to be reserved, donated, or dedicated to public use; and sites to be used for other than single-family residences; l. Location and size of all drainage structures, including catch basins, curbs, gutters, grates, and headwalls; m. Extent of the 100-year floodplain and a floodplain chart showing the area within and outside the floodplain for each lot containing any portion of the 100-year floodplain. The origin of the floodplain data must be indicated; n. All required stream buffers and setbacks on the property; o. Location, material, and description of all monuments and pins, including street markers. p. Notation that streams or wetlands lie or do not lie within 200 feet of the development, unit or phase. Delineate and label all applicable buffers per Chapter 15, Environmental Protection; q. Certification that the applicant is the land owner and dedicates streets, rights-of-way and any sites for public use; r. Certification by the appropriate authorities for roads, water, sewers, and health that the subdivider has complied with one (1) of the following alternatives; i. All improvements have been installed in accordance with their requirements; ii. A performance bond has been posted in sufficient amount to assure completion of all required improvements; or iii. Other guarantees of satisfactory completion of required improvements have been accepted with their conditions specified in the certification. s. Protective covenants, if any, shall be shown on the plat. If covenants are separately recorded, a statement shall be provided on the final plat as follows: "This plat is subject to the covenants set forth in the separate documents attached hereto dated ________, which hereby become a part of this plat, and which were recorded on ________;" t. A copy of the deeds for dedication of public areas to the appropriate public agency(s), if applicable; u. Zoning information including the current zoning district and all applicable zoning conditions, variances, and/or special use permits. The adopted ordinance, or final letter in the case of variances, shall be provided on the final plat; v. As-built construction drawings prepared by a professional engineer or surveyor, registered in the State of Georgia; v. w. Other data may be required by the Planning Commission in the enforcement of these regulations. This data may include final engineering design reports on proposed improvements, or other certificates, affidavits, endorsements, or dedications necessary to support the intent of these regulations. D. Review Process. The application shall be approved by the Planning and Zoning Department, the Public Works Department, the City Engineer, the Fire Marshal, and the Planning Commission. 14.8 Final Plat Recording It shall be the responsibility of the subdivider to send the approved final plat to the Clerk of the Superior Court of Henry County to be recorded. 14.9 Appeals If a Preliminary or Final Plat is denied, the applicant may file an appeal with the County Board of Commissioners, within 30 days following a denial. Appeals shall be processed in accordance with Section 13.11Chapter 11, Variances and Appeals. 14.10 Expiration A. Preliminary Plat Applications. An application for a preliminary plat shall expire six (6) months after the issuance of the latest letter/comments of plat revisions. The application may not expire within six (6) months if the inactivity is a result of a pending review from an external agency outside the applicant’s control. B. Plats. A plat remains valid for the duration of the project, subject to the following time restrictions: 1. An approved preliminary plat shall expire two (2) years after the approval date unless the applicant has filed a complete application for a final plat. 2. An approved Final Plat does not expire, provided it is recorded within six (6) months of approval. 14.11 Requirements Regarding Ownership and Management of Open Space A. Where open space is required in a proposed development, the open space shall be protected in perpetuity by a binding legal instrument that is recorded with the plat. If the entity accepting an easement is not the City of Stockbridge, then a right of enforcement favoring the city shall be included in the easement. The instrument shall be one (1) of the following: B. A permanent conservation easement in favor of either: 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. The conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or 2. A governmental entity that will ensure perpetual management of the open space. C. A permanent restrictive covenant, recorded on the final plat in favor of the City of Stockbridge. D. An equivalent legal tool that provides permanent protection, if approved by the mayor and city council. E. The legal instrument for permanent protection shall include clear restrictions on the use of the open space. The restrictions shall include all required by this unified development code. F. Open space may be owned by a homeowners' or property owners' association. Where such association is established and authorized to own the protected open space, membership in the association shall be mandatory for all owners and their successors within the development containing the protected open space. The association shall be responsible for managing and maintaining the open space and any structures located within the open space. 14.12 Requirements Regarding Stormwater Facilities A. The property upon which the stormwater facilities are located cannot be included in the description of any lot located in a residential subdivision. B. Maintenance and Responsibility. 1. Non-Residential Properties. a. Detention ponds and facilities that are located on commercial and industrial properties shall follow the title of the property upon which such facilities are located, and the owner of such property, after the expiration of the maintenance bond, shall be fully liable and responsible for the maintenance of such facilities. b. In addition to maintaining the stormwater management function of the facility, the property owner shall be responsible for the ongoing beautification and appearance of all stormwater detention ponds, retention ponds, and related facilities. Such maintenance shall include, at a minimum, routine mowing, removal of litter, debris, and dead vegetation, control of weeds and invasive plant species, maintenance or replacement of required landscaping, and upkeep of any decorative fencing, screening, irrigation systems, or other aesthetic improvements installed as part of the approved site plan. Stormwater facilities shall be maintained in a neat, safe, and attractive condition so as not to create a nuisance or detract from adjacent properties or public rights-of-way. 2. Residential Properties. a. Detention ponds that are located on residential properties may transfer full liability to a homeowner's association that is validly existing under the laws of the State of Georgia where such entity has the legal ability to assess and collect fees for the maintenance of those facilities. b. In the event of such a transfer, the homeowner's association shall be responsible for the payment of all costs that are incurred for the maintenance of the facility according to the ordinances of the city. 3. The city shall have a perpetual nonexclusive easement over and across all access easements to the detention ponds and facilities, together with a nonexclusive easement over, above, under and through the detention pond and facilities for the purpose of the operation and maintenance of such facilities. 4. All final plats that are submitted to the City for review shall include an unencumbered nonexclusive easement from an existing public roadway to any stormwater detention structure or pond. The access easement shall be a minimum of twenty (20)20 feet in width and shall be at least graveled to accommodate the equipment necessary to clean and maintain both the easement and the structure or pond. 14.13 Street Name and Sign Requirements A. Street Names. 1. All proposed street names shall be approved by the Department during the preliminary plat review process or prior to recording of the road and its rightof-way deed. 2. Any request to change the name of an existing road shall be submitted to the Department for review and shall be approved by City Council. B. Street Signs. 1. The location of the street signs shall be determined during the review of the preliminary plat. CHAPTER 15: ENVIRONMENTAL PROTECTION 15.1 Stream Buffer Protection 15.1.1 Findings and Purposes A. Findings. Whereas, the City Council of the City of Stockbridge finds that buffers adjacent to streams provide numerous benefits including: 1. Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources; 2. Removing pollutants delivered in urban stormwater; 3. Reducing erosion and controlling sedimentation; 4. Protecting and stabilizing stream banks; 5. Providing for infiltration of stormwater runoff; 6. Maintaining base flow of streams; 7. Contributing organic matter that is a source of food and energy for the aquatic ecosystem; 8. Providing tree canopy to shade streams and promote desirable aquatic habitat; 9. Providing riparian wildlife habitat; 10. Furnishing scenic value and recreational opportunity; and 11. Providing opportunities for the protection and restoration of greenspace. B. Purposes. The purpose of this Section is to protect the public health, safety, environment, and general welfare; to minimize public and private losses due to erosion, siltation, and water pollution; and to maintain stream water quality by provisions designed to: 1. Create buffer zones along the streams of the City of Stockbridge for the protection of water resources; and 2. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities. 15.1.2 Applicability This Section shall apply to all land development activity on property containing a Stream Buffer Protection Area. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State, or Federal regulations. 15.1.3 Grandfathered Provisions. This Section shall not apply to the following activities: A. Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of the ordinance codified in this Section; B. Existing development and on-going land disturbance activities including, but not limited to, existing agriculture, silviculture, landscaping, and gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements; C. Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of the ordinance codified in this Section; D. Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effective date of the ordinance codified in this Section. 15.1.4 Exemptions. The following specific activities are exempt from this Section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property. A. Activities for the purpose of building one (1) of the following: 1. A Stream crossing by a driveway, transportation route or utility line; 2. Public water supply intake or public wastewater outfall structures; 3. Intrusions necessary to provide access to a property; 4. Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; 5. Unpaved foot trails and paths; or 6. Activities to restore and enhance stream bank stability, vegetation, water quality, and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. B. Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least twenty-five (25) feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents, and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in this section. C. Land development activities within a right-of-way existing at the time the ordinance codified in this Section takes effect or approved under the terms of this Section. D. Within an easement of any utility existing at the time the ordinance codified in this Section takes effect or approved under the terms of this Section, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to, manholes, vents, and valve structures. E. Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the Director on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Director to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability, or water quality of the protection area. F. Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three (3) years after the end of the activities that intruded on the buffer. G. Any land development activity within a Stream Buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Chapter 110, Variances and Appeals, of this UDC. 15.1.5 Stream Buffer and Setback Requirements A. All land development activity subject to this article shall meet the following requirements: 1. An undisturbed natural vegetative buffer shall be maintained for fifty (50)50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. If defined banks are not identifiable, the protected buffer will be measured from other identifiable features such as the "point of wrested vegetation" or the "ordinary high water mark". 2. An additional setback shall be maintained for twenty-five (25)25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling, and earthmoving shall be minimized within the setback. 3. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. 15.1.6 Inspection A. The City of Stockbridge may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City in making such inspections. The City of Stockbridge shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. B. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. 15.1.7 Minor Land Disturbing Activities. The following land-disturbing activities are examples of projects not specifically listed in O.C.G.A. § 12-7-17(3) that would be considered minor landdisturbing activities and are, therefore, exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters. These minor land disturbing activities shall be exempt from the buffer requirements of this Article, as well: A. Elevated structures such as decks, gazebos, patios, walkways, viewing platforms or open picnic shelters, provided that: 1. The floor or decking is built in a pervious manner to allow for the infiltration of stormwater; 2. No more than 100 square feet of footprint of the elevated structure extends into or over the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA); 3. No grading, cutting, filling or similar land-disturbing activities occurring as a part of the site preparation, construction or subsequent development; 4. The structure is built on posts, concrete blocks or similar supports; 5. Permanent protective vegetative cover remains, or protective measures (for example, mulch or gravel) are installed within the footprint of the elevated structure to prevent post-construction soil erosion; 6. A natural canopy is left in sufficient quantity to keep shade on the streambed; and 7. No concrete or asphalt slabs, pads or foundations are constructed or placed as a part of the site preparation, construction or subsequent development. B. A pervious ground-level walkway approach to a dock or similar structure, provided that: 1. No more than 100 square feet of the constructed walkway extends into the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA); 2. No grading, cutting, filling or similar land-disturbing activities occur as a part of the site preparation, construction or subsequent development; 3. No concrete or asphalt slabs, pads, supports or foundations are constructed or placed as a part of the site preparation, construction or subsequent development; and 4. All ground preparation and walkway material placement is completed with the use of hand-held equipment. C. Restoration of buffer area after the removal of an existing structure, provided that the buffer area must be replanted with native vegetation. D. Maintenance or repair of existing structures, the failure of which would result in a threat to human health or County waters, such as sewer lines, water lines, dams or gas lines. Total disturbance must be less than 100 square feet. E. Placement of rock riprap within the buffer not to exceed 100 square feet on any one property, provided that: 1. The placement of the riprap does not result in soil disturbance outside the placement area; and 2. No grading, cutting, filling or similar land-disturbing activities occur as part of the site preparation, construction or subsequent development. 15.1.7 Land Disturbing Activities not Considered Minor. The following land-disturbing activities are examples of projects that are not considered minor land-disturbing activities and are, therefore, not exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters. Such activities shall comply with the requirements of this Article: A. Any land-disturbing activity utilizing wheeled or tracked machinery and equipment resulting in soil erosion within the buffer; 1. Paving with poured or prefab concrete or asphalt; 2. Any project or combination of projects occurring within the same calendar year on the same property resulting in more than 100 square feet of any elevated structures or pervious ground level walkways within or extending into the buffer; 3. Construction of a barbeque pit on a concrete or asphalt slab or pad within the buffer; 4. Construction of a ground-level patio within the buffer; 5. Construction of a swimming pool within the buffer; 6. Construction of a decorative or structural retaining wall within the buffer; 7. Construction of a new seawall with land-disturbing activities occurring within the buffer; and 8. Backfilling any new seawall construction within the buffer. B. Prohibited Activity. Any land development activity within a buffer established under this Section or any impervious cover within a setback established under this Section is prohibited unless a variance is granted pursuant to Chapter 110, Variances and Appeals, of this UDC. 15.2 Soil Erosion, Sedimentation, and Pollution Control 15.2.1 Title and Findings A. Title. This Section will be known as "The City of Stockbridge Soil Erosion, Sedimentation and Pollution Control Ordinance." B. Findings. The City of Stockbridge finds that soil erosion and sediment deposition onto land and into water within the watersheds of the City are a result of failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of the City and the intent of this Section to strengthen and extend the present erosion and sediment control activities and programs of the City and to provide for the establishment and implementation of a County-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of the City of Stockbridge, GA. 15.2.2 Exemptions. This Section shall apply to any land-disturbing activity undertaken by any person on any land except for the following: A. Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968;" B. Granite quarrying and land clearing for such quarrying; C. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; D. The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however: 1. Construction of any such residence shall conform to the minimum requirements as set forth in Section 15.2.3.C of this Section. 2. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any State waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. a. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. b. Primary Trout Waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. c. Secondary Trout Waters. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. d. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. 3. The minimum requirements of Section 15.2.3.C of this Section and the buffer zones provided by this paragraph shall be enforced by the City; E. Agricultural operations as defined in O.C.G.A. § 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including, but not limited to, chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; F. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer. No other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) years after completion of such forestry practices; G. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; H. Any non-commercial project involving less than one (1) acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within 200 feet of the bank of any State Waters, provided that: 1. For purposes of this paragraph, "State Waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located; and 2. That nothing contained herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by this section. 3. Commercial projects of 5,000 square feet or greater of disturbed area are not exempt from any provision of this Section; provided, however, that the City of Stockbridge may specifically exempt commercial projects of less than one (1) acre from soil erosion plan requirements in cases where minimal land disturbance is to occur); I. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one (1) or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the State general permit, in which case a copy of a notice of intent under the State general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; J. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 3618-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the State general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and K. Any public water system reservoir. 15.2.3 Minimum Requirements A. General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of this Section and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this Section shall contain provisions for application of soil erosion, sedimentation, and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation, and pollution control plans. Soil erosion, sedimentation, and pollution control measures and practices shall conform to the minimum requirements of Section 15.2.3.B, Minimum Requirements/BMPs and Section 15.2.3., B of this Section. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation, and pollution during all stages of any land-disturbing activity in accordance with requirements of this Section and the NPDES general permit. B. Minimum Requirements/BMPs 1. Best management practices as set forth in this Section shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with Section 15.2.3.B.2 or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act." As used in this subsection, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in subsection (b) of O.C.G.A. § 12-7-6. 2. A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or of any State general permit issued by the division pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres. 3. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or of any State general permit issued by the division pursuant to subsection (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act," for each day on which such failure occurs. 4. The Director may require reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 5. The City or district office may set more stringent buffer requirements than stated in elsewhere in this ordinance, in light of subsection (c) of O.C.G.A. § 12-7-6. C. Additional Requirements. The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12-7-1 et seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the State general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: 1. A construction exit designed in accordance with the "Manual for Erosion and Sediment Control in Georgia" must be the first element developed on a construction site. The construction exit must be maintained in such a way as to prevent any mud from being tracked onto public roads; 2. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 3. Cut-fill operations must be kept to a minimum; 4. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 5. Whenever feasible, natural vegetation shall be retained, protected, and supplemented; 6. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 7. Disturbed soil shall be stabilized as quickly as practicable; 8. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 9. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 10. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. § 12-7-1 et seq.; 11. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 12. Cuts and fills may not endanger adjoining property; 13. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 14. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; 15. Land-disturbing activity plans for erosion, sedimentation, and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in this Section. 16. Except as provided in this Section, there is established a 25 foot buffer along the banks of all State Waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term "ephemeral stream" means a stream that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to Part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: i. Stream crossings for water lines; or ii. Stream crossings for sewer lines; and 17. There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any State waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: i. Stream crossings for water lines; or ii. Stream crossings for sewer lines; and 18. There is established a 25 foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of this title, the "Coastal Marshlands Protection Act of 1970," and the rules and regulations promulgated thereunder, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where an alteration within the buffer area has been authorized pursuant to O.C.G.A. § 12-5-286, for maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however: a. That if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, where a drainage structure or roadway drainage structure is constructed or maintained; b. That if such maintenance requires any land-disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, on the landward side of any currently serviceable shoreline stabilization structure, or for the maintenance of any manmade storm-water detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. c. For the purposes of this paragraph maintenance shall be defined as actions necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condition to achieve its maximum useful life. Maintenance includes emergency reconstruction of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of time after damage occurs. Maintenance does not include any modification that changes the character, scope, or size of the original design and serviceable shall be defined as usable in its current state or with minor maintenance but not so degraded as to essentially require reconstruction. i. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat; and ii. The buffer shall not apply to crossings for utility lines that cause a width of disturbance of no more than 50 feet within the buffer, provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. iii. The buffer shall not apply to any land-disturbing activity conducted pursuant to and in compliance with a valid and effective land-disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented or any lot for which the preliminary plat has been approved prior to December 31, 2015 if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a 25 foot buffer would consume at least 18% of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. iv. Activities where the area within the buffer is not more than 500 square feet or that have a "minor buffer impact" as defined in EPD Rule 391-3-7-.01(r), provided that the total area of buffer impacts is less than 5,000 square feet are deemed to have an approved buffer variance by rule. Bank stabilization structures are not eligible for coverage under the variance by rule and notification shall be made to the division at least 14 days prior to the commencement of land-disturbing activities. 19. Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Subsections B. and C. of this section. 20. The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Section or the terms of the permit. 15.2.4 Application/Permit Process A. General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The local issuing authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this Section, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the owner and/or operator are the only parties who may obtain a permit. B. Application Requirements. 1. Permit. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the City without first obtaining a permit from the City to perform such activity and providing a copy of notice of intent submitted to EPD if applicable. 2. Application. The application for a permit shall be submitted to the City and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data as necessary. Said plans shall include, as a minimum, the data specified in Section 15.2.4.C, Plan Requirements. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the landdisturbing activity proposed will be carried out in such a manner that the provisions of Section 15.2.4.B and Section 15.2.4.C of this Section will be met. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-10. 3. Fee. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. § 12-5-23, provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the State general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8 half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. 4. Immediately upon receipt of an application and plan for a permit, the City shall review and approve or disapprove concerning the adequacy of the erosion, sedimentation and pollution control plan. The City shall approve or disapprove a plan within 35 days of receipt. Failure of the City to act within 35 days shall be considered an approval of the pending plan. No permit will be issued unless the plan has been approved by the City, and any variances required by Section 15.2.3.C have been obtained, all fees have been paid, and bonding, if required as per Section 15.2.4.B, has been obtained. 5. If a permit applicant has had two (2) or more violations of previous permits, this section, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing the application under consideration, the local issuing authority may deny the permit application. 6. The City or district office may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the local issuing authority with respect to alleged permit violations. C. Plan Requirements. 1. Plans must be prepared to meet the minimum requirements as contained in Section 15.2.3.B and Section 15.2.3., C., or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The "Manual for Erosion and Sediment Control in Georgia" is hereby incorporated by reference into this Section. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures, including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. 2. Data required for the site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the landdisturbing activity was permitted. D. Permits. 1. Permits shall be issued or denied as soon as practicable, but in any event not later than 45 days after receipt by the local issuing authority of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the local issuing authority unless the erosion, sedimentation and pollution control plan has been approved by the district and the local issuing authority has affirmatively determined that the plan is in compliance with this Section, any variances required by Section 15.2.3.C.16, 17, and 18 are obtained, bonding requirements, if necessary, as per Section 15.2.4.B.6 are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local issuing authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 3. Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this Section, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this Section. A holder of a permit shall notify any successor in title to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The City or district office may reject a permit application if the applicant has had two (2) or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three (3) years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1). 15.2.5 Education and Certification A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. B. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the State general permit, shall have as a minimum one (1) person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the State general permit. C. Persons or entities involved in projects not requiring a State general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this Section. D. If a State general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. § 12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A. § 12-719 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. 15.2.5 Inspection and Enforcement A. The City will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation B. The City shall regulate primary, secondary, and tertiary permittees as such terms are defined in the State general permit. 1. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting landdisturbing activities. 2. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting landdisturbing activities. 3. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. 15.2.6 Effectivity, Validity and Liability A. Effectivity. This Section shall become effective with the adoption of the ordinance. B. Validity. If any section, paragraph, clause, phrase, or provision of this Section shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Section. C. Liability. 1. Neither the approval of a plan under the provisions of this Section, nor the compliance with provisions of this Section shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the local issuing authority or district for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Section or the terms of the permit. 3. No provision of this Section shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the State as defined thereby. 15.3 Illicit Discharge and Illegal Connection. 15.3.1 General Provisions A. Purpose and Intent. The purpose of this Section is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the City's separate storm sewer system to the maximum extent practicable as required by Federal law. This Section establishes methods for controlling the introduction of pollutants into the City's separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Section are to: 1. Regulate the contribution of pollutants to the City's separate storm sewer system by any person; 2. Prohibit illicit discharges and illegal connections to the City's separate storm sewer system; 3. Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the City's separate storm sewer system; and 4. To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with the provisions of this Section. B. Applicability. The provisions of this Section shall apply throughout the municipal boundaries of the City and to all discharges entering the City's storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. C. Compatibility with Other Regulations. This Section is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of the ordinance codified in this Section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of the ordinance codified in this Section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. D. Responsibility for Administration. The authorized enforcement agency shall administer, implement and enforce the provisions of this Section. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employment of the agency. 15.3.2 Prohibitions A. Prohibition of Illicit Discharges. No person shall throw, drain or otherwise discharge, cause or allow others under their control to throw, drain or otherwise discharge into the City's separate storm sewer system any pollutants or waters containing any pollutants other than stormwater. B. Exemptions. The following discharges are exempt from the prohibition provision above: 1. Water line flushing when performed by a governmental agency or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated—typically less than one (1) PPM chlorine), and any other water source not containing pollutants; 2. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety; 3. Dye testing is an allowable discharge, but requires a verbal notification to the City prior to the time of the test; and 4. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. C. Prohibition of Illegal Connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the City's separate storm sewer system is prohibited: 1. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection. 2. A person violates this Section if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue. 3. Improper connections in violation of this Section must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Sanitation Department. 4. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City. 15.3.3 Industrial, Construction Discharges Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with the provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the City prior to allowing discharges to the City’s separate storm sewer system. 15.3.4 Reporting Illicit Discharge to Issuing Authority/City of Stockbridge A. Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the City's separate storm sewer system, State Waters, or waters of the United States that person shall take all necessary steps to ensure the discovery, containment and cleanup of such release so as to minimize the effects of the discharge. B. Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three (3) business days of the phone call or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. That person shall also take immediate steps to ensure no recurrence of the discharge or spill. C. In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified. D. Failure to provide notification of a release as provided above is a violation of the provisions of this Section. 15.3.5 Best Management Practices The authorized enforcement agency will adopt requirements identifying best management practices for any activity, operation or facility which may cause or contribute to pollution or contaminations of stormwater, the storm drain system, State waters or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the City's separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. 15.3.6 Watercourse Protection Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. 15.3.7 Effectivity, Validity and Liability A. Effectivity. This Section shall become effective with the adoption of the ordinance. B. Validity. If any section, paragraph, clause, phrase, or provision of this Section shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Section. 15.4 Floodplain Management/Flood Damage Prevention 15.4.1 General A. In General. 1. The flood hazard areas of the City of Stockbridge are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas. 3. Effective floodplain management and flood hazard protection activities can: a. Protect human life and health; b. Minimize damage to private property; c. Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and d. Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public. 4. Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 361-20(a) have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Stockbridge, Georgia, does ordain this Section and establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property. B. Purpose. The purpose of this Section is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to: 1. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 2. Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; 3. Control filling, grading, dredging and other development which may increase flood damage or erosion; 4. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; 5. Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; and 6. Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas. C. Applicability. This Section shall be applicable to all areas of special flood hazard within the jurisdiction of the City of Stockbridge, Georgia. For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "futureconditions flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this Section, the following documents and sources may be used for such purposes and are adopted by reference thereto: 1. The flood insurance study (FIS) for the County, dated June 15, 2022, with accompanying maps and other supporting data and any revision thereto. 3. Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the 100 year100-year floodplain and flood-prone areas include: a. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, State or Federal agency applicable to the City of Stockbridge; or b. Any base flood study authored by a registered professional engineer in the State of Georgia which has been prepared by the Federal Emergency Management Agency ("FEMA") approved methodology and approved by the department designated by Mayor and City Council. 4. Other studies which may be relied upon for the establishment of the futureconditions flood elevation or delineation of the future-conditions floodplain and flood-prone areas include: a. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, State or Federal agency applicable to the City of Stockbridge; or b. Any future-conditions flood study authored by a registered professional engineer in the State of Georgia which has been prepared by FEMAapproved methodology and approved by the City. c. The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the department designated by the City. F. Compatibility with Other Regulations. This Section is not intended to modify or repeal any other chapter, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this Section are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other chapter, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. G. Warning and Disclaimer of Liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by manmade or natural causes. This Section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the City of Stockbridge or by any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. 15.4.2 Administration and Enforcement. A. Designation of Administrator. 1. Appointed. The City Engineer or their designee is hereby appointed to administer and implement the provisions of this Section. 2. Duties and Responsibilities. Duties of the City Engineer shall include, but not be limited to: a. Review all land development applications and permits to assure that the requirements of this Section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding; b. Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1344; c. Require the applicant to obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, when base flood elevation data or floodway data have not been provided; d. Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures; e. Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been flood proofed; f. Obtain certification of design criteria from a registered professional engineer or architect when flood proofing is utilized for a structure; g. Notify affected adjacent communities and the State Department of Natural Resources (DNR) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); h. Make the necessary interpretation where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary is given a reasonable opportunity to appeal the interpretation, as provided in this Division. Where floodplain elevations have been defined, the floodplain is determined based on flood elevations rather than the area graphically delineated on the floodplain maps; i. Coordinate all Flood Insurance Rate Map (FIRM) revisions with the Georgia DNR and FEMA; j. Review variance applications and make recommendations to the appointed board. 3. Records. a. All records pertaining to the provisions of this Section are maintained in the office of the County Clerk and are open for public inspection. b. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of adopted City Building Code. 15.4.3 Permit Requirements A. No owner or developer shall perform any development activities on a site where an area of special flood hazard or area of future conditions flood hazard is located without first meeting the requirements of this Section prior to commencing the proposed activity. B. Unless specifically excluded by this Section, any landowner or developer desiring a permit for a development activity shall submit to the City a permit application on a form provided by the City. C. No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this Section. 15.4.4 Floodplain Management Plan Requirements. 15.4.4 Floodplain Management Plan Requirements. Formatted: Heading 3 Char An application for a development project with any area of special flood hazard located on the site will be required to include a floodplain management/flood damage prevention plan. This plan shall include the following items: Formatted: Font: (Default) Calibri A. A. Site plan drawn to scale, which includes, but is not limited to: 1. Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment; 2. For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site; 3. Proposed locations of water supply, sanitary sewer, and utilities; 4. Proposed locations of drainage and stormwater management facilities; 5. Proposed grading plan; 6. Base flood elevations and future-conditions flood elevations; 7. Boundaries of the base flood floodplain and future-conditions floodplain; 8. If applicable, the location of the floodway; and 9. Certification of the above by a registered professional engineer or surveyor. B. Building and foundation design detail, including, but not limited to: 1. Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structure; 2. Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; Formatted: Heading 3 3. Certification that any proposed nonresidential floodproofed structure meets the criteria in Section 15.4.7.B.215.4.8.B, Nonresidential Buildings.; 4. For enclosures below the base flood elevation, location and total net area of foundation openings as required in Section 15.4.7.A.515.4.7.A.5, Elevated Buildings; and 5. Design plans certified by a registered professional engineer or architect for all proposed structure(s). C. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; D. Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, futureconditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all other computations and other information similar to that presented in the FIS; E. Copies of all applicable State and Federal permits necessary for proposed development, including, but not limited to, permits required by Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334; and F. All appropriate certifications required under this Section. G. The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans. 15.4.5 Construction Stage Submittal Requirements A. For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the department designated by the City a certified as-built elevation certificate or floodproofing certificate for nonresidential construction, including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. A final elevation certificate shall be provided after completion of construction, including final grading of the site. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for nonresidential structures, such certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. B. Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The department designated by the Henry County Board of Commissioners shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make the corrections required by this Section shall be caused to issue a stop-work order for the project. 15.4.6 Development Standards. A. Definition of Floodplain Boundaries. 1. "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available. 2. For all streams with a drainage area of 100 acres or greater, the futureconditions flood elevations shall be provided by the department designated by the City. If future-conditions elevation data is not available from the department designated by the City, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the City. B. Definition of Floodway Boundaries. The width of a floodway shall be determined from the FIS or FEMA-approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the department designated by the City. If floodway data is not available from the department, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the City. C. General Standards. 1. No development shall be allowed within the future-conditions floodplain that could result in any of the following: a. Raising the base flood elevation or future-conditions flood elevation equal to or more than one-hundredth of one (0.01) foot; b. Reducing the base flood or future-conditions flood storage capacity; c. Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area; or d. Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation. 2. Any development within the future-conditions floodplain allowed under this Section shall also meet the following conditions: a. Compensation for storage capacity shall occur between the average groundwater table elevation and the base flood elevation for the base flood, and between the average groundwater table elevation and the future-conditions flood elevation for the future-conditions flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain, or lowering of adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel; b. Cut areas shall be stabilized and graded to a slope of no less than two percent (2%); c. Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased; d. Verification of no-rise conditions (one-hundredth of one (0.01) foot or less), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of Section 15.4.6.D, Engineering Study Requirements for Floodplain Encroachments; e. Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from floodwaters; and f. Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision ("CLOMR") or conditional letter of map amendment ("CLOMA"), whichever is applicable. The CLOMR submittal shall be subject to approval by the department designated by the City using the community consent forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six (6) months of the completion of construction, the applicant shall submit as-built surveys for a final letter of map revision ("LOMR"). D. Engineering Study Requirements for Floodplain Encroachments. An engineering study is required, as appropriate, to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and/or floodways. This study shall be prepared by a currently registered professional engineer in the State of Georgia and made a part of the application for a permit. This information shall be submitted to and approved by the department designated by the City prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include: 1. Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development; 2. Step-backwater analysis, using a FEMA-approved methodology and approved by the department designated by the City. Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood profiles, and future-conditions flood profiles; 3. Floodplain storage calculations based on cross-sections (at least one (1) every one hundred (100)100 hundred feet) showing existing and proposed floodplain conditions to show that base flood floodplain and future-conditions floodplain storage capacity would not be diminished by the development; and 4. The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments. E. Floodway Encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: 1. Encroachments Prohibited. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. 2. Permitted Encroachments. Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. a. A registered professional engineer must provide supporting technical data and certification thereof; and b. If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the department designated by the City until an affirmative conditional letter of map revision ("CLOMR") is issued by FEMA and no-rise certification is approved by the department designated by the City. F. Maintenance Requirements. The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not diminished. The department designated by the City may direct the property owner (at no cost to the City of Stockbridge) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the City. 15.4.7 Flood Damage Reduction A. General Standards. In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions apply: 1. New construction of principal buildings (residential or nonresidential), including manufactured homes, shall not be allowed within the limits of the futureconditions floodplain, unless all requirements of Section 15.4.6, Development Standards have been met. 2. New construction or substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure. 3. New construction or substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage. 4. New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage. 5. Elevated Buildings. All new construction and substantial improvements of existing structures that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished and flood-resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. a. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: i. Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one (1) foot above grade; and iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions; b. So as not to violate the "lowest floor" criteria of this Section, the unfinished and flood-resistant enclosure shall solely be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and c. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. 6. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding. 7. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces. 8. All proposed development shall include adequate drainage and stormwater management facilities per the requirements of the City of Stockbridge to reduce exposure to flood hazards. 9. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 10. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 11. On-site waste disposal systems shall be located and constructed to avoid impairment to them, or contamination from them, during flooding. 12. Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this Section, shall be undertaken only if the nonconformity is not furthered, extended or replaced. 13. If the proposed development is located in multiple flood zones or multiple base flood elevation cross the proposed site, the higher or more restrictive base flood elevation or future condition elevation and development standards shall take precedence. 14. When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure shall meet the requirements of this Section. 15. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding: a. All such proposals shall be consistent with the need to minimize flood damage within the flood-prone area; b. All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and c. Adequate drainage shall be provided to reduce exposure to flood hazards. 15.4.8 Building Standards for Structures and Buildings within the Future-Conditions Floodplain A. Residential Buildings. 1. New Construction. New construction of principal residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Section 15.4.6, Development Standards have been met. a. If all of the requirements have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. 2. Substantial Improvements. Substantial improvement of any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. B. Nonresidential Buildings. 1. New Construction. New construction of principal nonresidential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Section 15.4.6, Development Standards have been met. a. If all of the requirements of Section 15.4.6, Development Standards have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection Section 15.4.7.A, Flood Damage Reduction. c. New construction that has met all of the requirements of Section 15.4.6, Development Standards may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the City using the FEMA floodproofing certificate along with the design and operation/maintenance plan. 2. Substantial Improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH zones, may be authorized by the director and/or his designee to be elevated or floodproofed. a. Substantial improvements shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.7.A, Flood Damage Reduction. c. Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the department designated by the City and/or its designee using the FEMA floodproofing certificate along with the design and operation/maintenance plan. C. Accessory Structures and Facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of Section 15.4.6, Development Standards and are permitted to be located within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with Section 15.4.7.A, Flood Damage Reduction. and be anchored to prevent flotation, collapse or lateral movement of the structure. D. Recreational Vehicles. All recreational vehicles placed on sites must either: 1. Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or 2. The recreational vehicle must meet all the requirements for residential buildingssubstantial improvements set forth in Section 15.4.8.A.2, including the anchoring and elevation requirements. E. Manufactured Homes. 1. New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all of the requirements of Section 15.4.6, Development Standards have been met, all new construction and substantial improvements shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of Section 15.4.7.A, Flood Damage Reduction. 2. Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision are elevated so that either: (a) The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation, or one (1) foot above the futureconditions flood elevation, whichever is higher; or (b) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. 3. All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with the standards of Section 15.4.7.A.7. 15.4.9 Building Standards for Structures and Buildings Authorized Adjacent to the FutureConditions Floodplain. A. Residential Buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. B. Nonresidential Buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one (1) foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. Non-residential buildings may be floodproofed in lieu of elevation. 15.4.10 Building Standards for Residential Single-Lot Development on Streams without Established Base Flood Elevations and/or Floodway (A zones) A. For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A zones), the official designated by the City and/or his designee shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a Federal, State, local or other source, in order to administer the provisions and standards of this Section. If data are not available from any of these sources, the following provisions shall apply: 1. No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater; and 2. In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for flood prone enclosures in accordance with Section 15.4.7.A, Flood Damage Reduction. 15.4.11 Building Standards for Areas of Shallow Flooding (AO zones) A. Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of one (1) to three (3) feet above ground, with no clearly defined channel. In these areas, the following provisions apply: 1. All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the flood depth number in feet specified on the flood insurance rate map ("FIRM"), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three (3) feet above the highest adjacent grade. Flood openings sufficient to facilitate automatic equalization of hydrostatic flood forces shall be provided for floodprone enclosures in accordance with Section 15.4.7.A, Flood Damage Reduction. 2. New construction and substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to the specified FIRM flood level plus one (1) foot above the highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A licensed professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice, and shall provide such certification to the City using the FEMA floodproofing certificate along with the design and operation/maintenance plan; and 3. Drainage paths shall be provided to guide floodwater around and away from any proposed structure. 15.4.12 Standards for Subdivision of Land and Other Development A. All subdivision proposals shall identify the areas of special flood hazard and areas of future-conditions flood hazard therein and provide base flood elevation data and future-conditions flood elevation data. B. All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required. C. All subdivision plans will provide the elevations of proposed structures in accordance with Section 15.4.4, Flood Management Plan Requirements. D. All subdivision proposals shall be consistent with the need to minimize flood damage. E. All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of floodwaters, and discharges from the systems into floodwaters. F. All subdivision proposals shall include adequate drainage and stormwater management facilities per the requirements of the City of Stockbridge to reduce potential exposure to flood hazards. 15.4.13 Standards for Utilities A. All new and replacement water supply and sanitary sewerage systems are designed to minimize or eliminate: 1. Infiltration of floodwaters into the systems; and 2. Discharges from the systems into floodwaters. B. On-site waste disposal systems are located outside the floodplain to avoid impairment to them, or contamination from them during flooding. 15.5 Wetland Protection. 15.5.1 General A. Purpose. The purpose of the regulations in this section is to promote wetland protection, while accounting for varying ecological, economic development, recreational, and aesthetic values. The regulations set forth in this section are intended to limit activities that may damage wetlands, and to require that such activities be located on upland sites to the greatest degree practicable as described in the Comprehensive Plan. The regulations set forth in this section are further intended to protect wetlands from alterations that will significantly affect or reduce their primary functions for water quality, floodplain protection, erosion control, groundwater recharge, aesthetic nature, and provision of wildlife habitat. B. Applicability. Regulations for the protection of wetlands, set forth in this section, apply to all lands within wetlands located within the jurisdiction of the City of Stockbridge. 15.5.2 National Wetland Inventory (NWI) Maps The National Wetland Inventory Maps, prepared by the United States Fish and Wildlife Service, show the general locations of wetlands and should be consulted by persons contemplating activities in or near wetland areas. These maps should be used as a guide only. Field verification is required to determine the existence or absence of any jurisdictional waters. 15.5.3 Determination of Wetlands Boundary A. Generally. 1. The NWI maps are general reference documents, and wetland boundaries indicated on the maps are approximations. The purpose of the NWI maps is to alert developers and landowners if the property proposed for development is within or adjacent to a wetland. 2. The NWI maps do not represent the boundaries of jurisdictional wetlands within the City of Stockbridge and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. B. Where it is determined that wetlands are located on property proposed for development, a determination of the location and extent of the wetlands must be made by the U.S. Army Corps of Engineers or a qualified consultant. A local permit for development within wetlands will not be issued until a determination has been made by the U.S. Army Corps of Engineers as to whether wetlands exist on the site. C. If there are jurisdictional wetlands on the site that will be disturbed by the proposed development, the applicant must first obtain a wetlands alteration section 404 permit from the U.S. Army Corps of Engineers. 15.5.4 Permissible Activities within Wetlands A. Lawful activities set forth in this section will be allowed as of right within a wetland. Constructing, grading, filling, draining, or dredging may be permissible only as provided. For waters under state or federal jurisdiction, additional prohibitions may apply. 1. Conservation or preservation of soil, water, vegetation, fish, and other wildlife, provided they do not affect waters of Georgia or of the United States in such a way that would require a permit as required by section 404 of the Clean Water Act. 2. Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing. 3. Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in section 404 of the Clean Water Act. 4. The cultivation of agricultural crops. Agricultural activities are subject to best management practices approved by the Georgia Department of Agriculture. 5. The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed, and that approved agricultural best management practices are followed. 6. Education, scientific research, and nature trails. 15.5.5 Activities Requiring a Permit A. It shall be unlawful for any person to conduct any of the following activities in a wetland or associated buffe without first obtaining a permit. 1. Deposit fill material in a wetland or associated buffer. 2. Dredge or remove soil or minerals from a wetland or associated buffer. 3. Construct, build, develop, or erect any structure or development in a wetland or associated buffer. 4. Drain surface water from a wetland. 5. Cut or remove wetland or associated buffer vegetation. 15.5.6 Prohibited Activities within Wetlands A. Receiving areas for toxic or hazardous waste or other contaminants. B. Hazardous or sanitary waste landfills. C. Construction of buildings or other structures D. Other uses prohibited in the underlying zoning district. 15.5.7 Temporary Activities within Wetlands A. Maintenance or Repair. 1. Maintenance and repair is limited to lawfully located roads, structures, and facilities used in the service to the public to provide transportation, electricity, gas, water, telephone, telegraph, telecommunication, or other services; 2. The roads, structures, or facilities are not materially changed or enlarged; 3. Written notice prior to the commencement of work has been given to Henry County; and 4. The work is conducted using best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment shall be minimized. B. Temporary water level stabilization measures associated with ongoing silvicultural operations. C. Limited ditching, tilling, dredging, excavating, or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration, or loss of wetlands not previously subject to agricultural and silvicultural use. D. Limited excavating and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters, boathouses, or other similar water-related structures, provided they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland. 15.5.8 Permit Requirements An application for a development project proposing to conduct activity within a wetland or associated buffer will be required to include a thethe following items: A. A site plan drawn to scale. B. Soil drainage and stormwater management plans. C. The sites and specifications for all proposed drainage, filling, grading, dredging, vegetation removal, and other activities which may affect a wetland or associated buffer. Such specifications shall include the size of the total wetland area on the site, the size of the wetland proposed for impact or elimination, and cubic yards of fill. D. A description of any existing or proposed waste disposal and water supply including septic tanks and soil absorption fields. Such description shall include distances to wetlands, associated buffers and other water bodies. 15.5.9 Buffers Required A. Buffer Area. Wetland buffers are to be calculated by measuring horizontally outward from and perpendicular to the edge of the wetland, as defined herein. They must extend the entire length of the wetland delineation within the property. If a wetland falls into more than one of the categories below, the more restrictive buffer width shall control. B. Applicability. A minimum buffer of 25 feet shall be provided along the perimeter of all wetlands. C. Buffer Standards. 1. The buffer shall be a minimum of 25 feet in width. 2. All existing natural vegetation must be retained and maintained within the buffer. 3. The number and types of plants required within the buffer is as set forth in Table 13.6.5, Recommended Tree List. 15.5.10 Compensatory Mitigation A. When Required. Compensatory mitigation shall not be considered a substitute for making all practical attempts to avoid wetland impacts. Compensatory mitigation is required for all permitted impacts to wetlands. If impacts to wetlands will require compensatory mitigation pursuant to a Clean Water Act § 404 permit, the City may give credit for § 404 mitigation activities. B. Criteria for Approval. Compensatory mitigation plans shall be approved only if they meet the following criteria: 1. The mitigation plan shall provide for the in-kind replacement of the predominant functional values of the eliminated or impacted wetland. Mitigated wetlands shall be replaced at the following minimum ratios, in acres: 2:1 for restoration; 4:1 for creation; and 6:1 for enhancement. A larger replacement ratio may be required if the eliminated or impacted wetland is deemed to have exceptional value. 2. The mitigation plan shall provide for no net loss of wetland resources. 3. Mitigation may be achieved by purchasing credits at a mitigation bank in the primary or secondary service area of the permitted wetland impact, by purchasing credits from the Georgia In-Lieu Fee Program, or by performing onsite mitigation. All mitigation must be in-kind. 4. The mitigation plan shall comply with all applicable federal, state, and local laws and regulations. 5. Any mitigation activity shall be completed before initiation of permitted activities, including activities permitted by a permit, unless a phased concurrent schedule can be agreed upon between the Director and the applicant. 15.6 Watershed Protection. 15.6.1 General A. Purpose. The purpose of this section is to identify and protect water supply watersheds within the City of Stockbridge. This Section sets forth development standards intended to maintain the quality and quantity of the water supply within the City and adjacent jurisdictions. B. Applicability. The provisions of this Section apply to all lands located within Water Supply Watersheds, as identified by the Georgia Environmental Protection Division (EPD) and the Metropolitan North Georgia Water Planning District (MNGWPD), as amended. C. Relationship to Other Regulations. The standards of this Section are intended to supplement all other applicable provisions of this UDC. Where conflicts occur, the more restrictive standard shall apply. 15.6.2 Establishment of Watershed Protection Areas A. Watershed Protection Areas shall be identified on the City of Stockbridge Official Zoning Map. Such mapping may include areas associated with reservoirs, public water supply intakes, and tributary watersheds regulated by the Georgia Environmental Protection Division (EPD). B. Where the boundaries of a Watershed Protection Area are uncertain, the Director may require additional information prepared by a licensed professional, including topographic mapping, watershed delineations, or other documentation demonstrating the location of watershed boundaries. 15.6.3 Water Quality Critical Areas A. A water quality critical area shall be established within each watershed protection area and shall include the following: 1. All land adjacent to the normal pool elevation of a reservoir, extending landward to the watershed ridge line or 500 feet from the normal pool elevation, whichever distance is less. 2. All land adjacent to each perennial stream flowing into the reservoir, extending three (3) miles upstream from the reservoir's normal pool elevation and laterally to the watershed ridge line or 500 feet from each side of the stream, whichever distance is less. B. The normal pool elevation of all existing reservoirs shall be maintained on file with the Department. 15.6.4 Limited Development Area A. A limited development area shall be established for the remaining part of the watershed protection area that is located outside of the water quality critical area, and which extends to the ridge line of each watershed protection area. B. If a perennial stream abuts or crosses any property within the limited development area, the use regulations of Section 15.6.5, Uses in Watershed Protection Areas shall apply. 15.6.5 Uses in Watershed Protection Areas A. Table 15.6.5, Uses in Watershed Protection Areas identifies permissible and prohibited uses within the water quality critical area and limited development area of any watershed protection area. Table 15.6.5 - Uses in Watershed Protection Areas Land Use Water Quality Critical Area Limited Development Area Residential Permitted; Permitted Multi-family dwellings shall be prohibited Commercial Prohibited Permitted Industrial Prohibited Permitted Institutional or Civic Prohibited Permitted Public Utility Prohibited Permitted Permitted; Confined animal feed operations Permitted; Agricultural and/or (CAFOs) shall be prohibited; Silviculture activity shall be Natural Resources Silviculture activity shall be prohibited within 25 feet of a prohibited within 25 feet of a water water body body B. Uses within watershed protection areas shall also comply with the following provisions: 1. Permitted uses established by Table 15.6.5, Uses in Watershed Protection Areas, shall be subject to the dimensional standards of Section 15.6.6, Dimensional Standards for Uses in Watershed Protection Areas. 2. Where applicable, septic tanks may be permitted subject to approval by the Henry County Health Department and applicable City departments. 3. Where applicable, roads, sidewalks, and multi-use or greenway trails may be permitted, subject to approval by the Director. 4. Where applicable, new facilities located within the watershed protection area that handle hazardous materials of a type and amounts requiring a permit from the Georgia DNR, or that require disposal by a hazardous materials handler permitted or licensed by the Georgia DNR at a hazardous materials facility, must perform their operations on impermeable surfaces having spill and leak collection systems. Such spill and leak collections systems must be shown on the development plan in detail, in compliance with this UDC. 15.6.6 Dimensional Standards for Specific Uses in Watershed Protection Areas Proposed development shall comply with both the standards for watershed protection areas in Table 15.6.6, Dimensional Standards within Watershed Protection Areas, and the standards of the underlying zoning district. Where standards conflict, the stricter standard shall apply. Lot Min. Width Max. Impervious Coverage Water Quality Critical 200 ft. Area Min. Lot Size (sewer) Residential Min. Lots Size (septic) Land Use Setback (from water body) Table 15.6.6: Dimensional Standards within Watershed Protection Areas 2 acres 1.5 acres 150 ft. 20% Formatted Table Limited 150 ft. Development Area Limited Development Area 200 ft. (with perennial streams) Water Quality Critical N/A Area Limited 150 ft. Development Area Industrial Limited Development Area 200 ft. (with perennial streams) Water Quality Critical 200 ft. Area Agricultural Limited 150 ft. and/or Development Area Natural Limited Resources Development Area 200 ft. (with perennial streams) Water Quality Critical N/A Area Limited 150 ft. All other Development Area uses Limited Development Area 200 ft. (with perennial streams) 15.6.7 Buffers in Watershed Protection Areas 1 acre 10,890 sq. ft. 100 ft. 25% 1.25 acres 1 acre 150 ft. 25% N/A N/A N/A N/A 4 acres 2 acres 100 ft. 25% 5 acres 2 acres 150 ft. 25% 2 acres 1.5 acres N/A 20% 1 acre 0.5 acres N/A 25% 1 acre 0.5 acres N/A 25% N/A N/A N/A N/A 1.5 acres 1 acre N/A 25% 2 acres 1.5 acres N/A 25% A. Buffers shall be required in watershed protection areas as follows: 1. Buffers within Water Quality Critical Areas. A natural or enhanced vegetative buffer shall be maintained for at least 150 feet from the normal pool level of a reservoir and at least 100 feet on both sides of any other surface water as measured from the banks. 2. Surface Water Buffers within Limited Development Areas. A natural or enhanced vegetative buffer shall be maintained for at least 100 feet on both sides of any surface water as measured from the banks. 15.6.8 Septic Tanks and Drain Fields within Watershed Protection Areas A. Septic tanks and septic tank drain fields shall be prohibited in the setback areas established in Table 15.6.6, Dimensional Standards within Watershed Protection Areas for buildings and impervious surfaces in watershed protection areas. B. Septic tanks and septic tank drain fields for residential development shall be setback at least 100 feet from any surface water. 15.6.9 Alternative Compliance for Impervious Surface Limitations A. The percentage of impervious surface is determined by the sum of all land areas to be covered by impervious structures during the development of the property including, but not limited to, roads, streets, driveways, houses, buildings, and parking areas, divided by the total site area. B. A development may participate in a regional wet detention pond program which has been established by one or more public or private entities subject to the following conditions: 1. Runoff from the development drains into a regional stormwater management control facility approved by the City. 2. An agreement between the City and the landowner has been executed which guarantees participation in the regional stormwater arrangement of the property and the detention pond. 3. Construction of a regional detention pond meets or exceeds the design requirements of the stormwater management provisions set forth in Chapter 17, Stormwater Management. C. A development may provide an alternative method for stormwater control other than a wet detention pond provided it complies with the stormwater management requirements set forth in Chapter 17, Stormwater Management, and design criteria for pollutant removal equivalent to those associated with wet detention ponds included in the Georgia Stormwater Management Manual, as amended. 15.7 Groundwater Recharge Protection 15.7.1 General A. Purpose. The provisions of this Section are intended to protect groundwater as follows: 1. Restricting land uses that generate, use, or store dangerous pollutants in recharge areas; 2. Limiting density of development; and 3. Ensuring that any development that occurs within the recharge area will have no adverse effect on groundwater quality. B. Applicability. The provisions of this Section apply to all lands mapped as significant recharge areas by the Georgia Department of Natural Resources (DNR) in Hydrologic Atlas 18, 1989 edition, as amended, or as identified in the Comprehensive Plan. 15.7.2 Determination of Pollution Susceptibility Limitations on land use activities shall be based on the degree to which the aquifer is susceptible, or at risk, to pollution from spills, discharges, leaks, impoundments, application of chemicals, injections, and other human activities. The Georgia DNR has prepared maps of pollution susceptibility, which categorize land in areas of high, medium, and low potential for groundwater pollution. These maps will be the basis for determining the locations for limited land use activities, as set forth in Section 15.7.3, Limitations and Requirements for Specific Land Use Activities. 15.7.3 Limitations and Requirements for Specific Land Use Activities. In addition to any use standards of this UDC, the following development standards shall apply within groundwater recharge protection areas: A. New above ground chemical or petroleum storage tanks with a minimum volume of 660 gallons shall provide secondary containment for: 1. 110% of the volume or such tanks; or 2. 110% of the volume of the largest tanks in a cluster of tanks. B. New agricultural waste impoundment sites shall be lined with compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than 5 × 10-7cm/sec, or other criteria as established by the U.S. Soil Conservation Service, when located in the following areas: 1. A high pollution susceptibility area. 2. Medium pollution susceptibility areas and the site exceeds 15 acre-feet. 3. Low pollution susceptibility areas and the site exceeds 50 acre-feet. C. New wastewater treatment basins shall be designed with an impermeable liner approved by the Georgia Environmental Protection Division. D. Wastewater spray irrigation systems or land spreading applications shall comply with the Georgia Department of Natural Resources criteria for slow rate land treatment. Such uses shall also provide proof of receipt of a land application system permit from the Georgia Environmental Protection Division. E. New facilities for the handling of hazardous materials of types and amounts regulated by the Georgia Department of Natural Resources shall perform all operations in impermeable surfaces with spill and leak collections systems meeting the requirements of said agency. F. New single-family dwellings served by septic tank or drain field systems shall have a minimum lot size meeting the larger of: 1. The minimum lot size limitations shown on Table MT-1 of the Georgia Department of Public Health “Manual for On-Site Sewage Management Systems”; or Formatted: Underline 2. 150% of the lot size on Table MT-1, when located within a high pollution susceptibility area; or 3. 125% of the lot size on Table MT-1, when located within a medium pollution susceptibility area; or 4. 110% of the lot size on Table MT-1, when located within a low pollution susceptibility area. 15.8 Recycling of Water at Commercial Carwash Facilities 15.8.1 Purpose. The purpose of this section is to reduce water consumption from commercial car wash facilities by requiring all new conveyor car washes to install operational recycled water systems. 15.8.2 Applicability A. This section applies to all new conveyor car washes permitted and constructed after January 1, 2011, regardless of the water source. B. The provisions of this section do not apply to conveyor commercial car washes that were permitted or constructed before January 1, 2011. C. The provisions of this section do not apply to self-service car washes or in-bay car washes. D. Commercial Car Wash Water Recycling Requirement. All new commercial conveyor car washes, permitted and constructed after January 1, 2011 must install operational recycled water systems. A minimum of 50% of water utilized will be recycled. 15.8.3 Water Waste A. Prohibited. The following uses are a waste or unreasonable use or method of use of water and are prohibited: 1. Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person's property. 2. Operating an irrigation system or other lawn or landscaping watering device during rain. 3. Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads. 4. Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within 30 days. 5. Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited. B. Permitted. The restrictions in this policy or section do not apply to the following authorized uses: 1. Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities. 2. Water applied as a dust control measure, as required by erosion and sedimentation rules. 3. Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology. 4. Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available. 5. Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists. 6. Water used for power-washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions. 7. Mobile car washes when approval or a special use permit is obtained from the City. 8. Emptying of swimming pools for maintenance when proper local rules are followed. C. If it is found that there is a waste of water in or about any premises to which water is supplied from the City water system, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, the City may cause the water to be cut off from the premises upon reasonable notice to the occupant, unless special circumstances require that such waste shall be immediately stopped. Where the water supply is cut off as herein provided, the water shall not again be turned on until all water bills and the bill for the cost of cutting off and again turning on the water shall have been paid. 15.9 Outdoor Watering 15.9.1 Restriction on Outdoor Watering of Landscape A. Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation shall not create any limitation upon the following outdoor water uses: 1. Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production or storing of feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A. § 1-3-3; 2. Capture and reuse of cooling system condensate or storm water in compliance with any applicable City ordinances and State guidelines; 3. Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations; 4. Use of reclaimed wastewater by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed waste water; 5. Watering personal food gardens; 6. Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of thirty (30) days immediately following the date of installation; 7. Drip irrigation or irrigation using soaker hoses; 8. Hand watering with a hose with automatic cutoff or handheld container; 9. Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property; 10. Watering horticultural crops held for sale, resale, or installation; 11. Watering athletic fields, golf courses, or public turf grass recreational areas; 12. Installation, maintenance, or calibration of irrigation systems; or 13. Hydroseeding. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS 16.1 Multimodal Traffic Impact Studies (TIS) 16.1.1 Purpose and Intent A. Understanding the demands placed on the City's transportation network by development is an important dimension of assessing the overall impacts of development. All developments generate traffic, and it may generate enough traffic to create congestion and thus require the community to invest more capital funds into the transportation network in the form of new roads, traffic signals, and intersection improvements. Traffic congestion results in several problems, including economic costs due to delayed travel times, air pollution, and accidents. By requiring traffic impact studies for proposed developments meeting certain thresholds, the City will be better able to determine the transportation demands of development proposals and provide for reduction of adverse impacts on the transportation system. 16.1.2 Objectives. A. The City finds that requiring a traffic impact study for proposed developments that meet certain thresholds will help to achieve the following objectives: 1. To foster and support the coordinated and comprehensive transportation plan. 2. Provide transportation investments that reinforce the land use plans and development vision of the City; 3. Forecast additional traffic associated with new development based on accepted practices. 4. Determine the improvements that are necessary to accommodate new development. 5. Allow the City government to assess the impacts that a proposed development may have and assist the City government in making decisions regarding development proposals. 6. Help to ensure safe and reasonable traffic conditions on streets after the development is complete. 7. Reduce the negative impacts created by developments by helping to ensure that the transportation network can accommodate the development. 8. Protect the substantial public investment in the street system. 9. Provide information relevant to comprehensive planning, transportation planning, and future transit planning, and the provision of programs and facilities for traffic safety, road improvements, transportation demand management, pedestrian access, and other transportation system considerations. 16.1.2 In General A. A traffic study shall be prepared in accordance with industry accepted standards, including, at a minimum, level of service impacts for adjacent roadways and intersections and a mitigation package to address the cumulative effects from the project's impact. B. Said applicant shall be also required to coordinate and fund any recommended mitigation measures limited to project related improvements with applicable Federal, State, and local agencies, including the Georgia Regional Transportation Authority (GRTA) and the Atlanta Regional Commission (ARC). C. A traffic impact study must evaluate the adequacy of the existing transportation system to serve the proposed development and determine the expected effects of the proposed development on the transportation system. The traffic impact study must provide adequate information for the Public Works Department to evaluate the development proposal and, when appropriate, recommend conditions of approval. D. The qualified professional preparing the traffic impact study is encouraged to coordinate preparation with the Public Works Department and staff from other jurisdictions, as appropriate, to ensure that all necessary components are included in the traffic impact study and to reduce revision and review time. 16.1.3 Applicability A. Thresholds of Applicability. A traffic impact study shall be required for all developments proposing to meet one or more of the following thresholds: 1. The development is expected to generate more than 100 new vehicle trips during an A.M. or P.M. peak hour; or 2. The development is expected to generate more than 750 new vehicle trips in an average day; or 3. The development involves the construction of 50,000 square feet or greater of nonresidential building space, in single or multiple phases; or 4. The development would contain multifamily dwellings; or 5. The development would contain more than fifty (50)100 total dwelling units; or 6. The development is an industrial, logistics, warehouse, or freight related use expected to generate 30 or more truck trips per day; or 7. The development generates more than 40% of its total traffic in the form of truck traffic using passenger car equivalents (PCE). B. Determination of Applicability. At the time a development proposal is filed, or during any pre-application conference for zoning proposal, exclusive of variances and modifications to a zoning condition, the director shall determine whether a traffic impact study shall be required according to this Section. Traffic impact studies shall be required for submittal during the land disturbance, clearing and grading, building permit, or development permit, and shall not be required during the zoning process. C. Exemptions. 1. A traffic impact study is not required if a development proposal is initiated by the City; 2. Any Development of Regional Impact (DRIs) that complies with the rules of the Georgia Department of Community Affairs (DCA), the Atlanta Regional Commission (ARC), and Georgia Regional Transportation Authority (GRTA) shall be exempt from this Section; or 3. A traffic impact study will not be required by the City for those developments with frontage and access along a State route. 16.1.4 Analysis A. The source for trip generation rates for the purposes of this chapter shall be the most recent edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), unless otherwise approved by the director. Determinations of whether this chapter applies shall be made based on application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved by the Public Works Department. B. Cases Where Data is Not Available. If information submitted by the applicant of the development proposal is sufficient to calculate the trip generation that would be expected to result from the proposed development, but trip generation rates or other data are not available or in sufficient quantity of studies to make a determination of applicability, then under the terms of this Section, the director shall determine: 1. Professionally acceptable trip generation rates applicable to the subject development exist from other reputable sources, such as the Journal of the Institute of Transportation Engineers; 2. Other trip generations studies of similar development are available; or 3. Professionally acceptable trip generation rates for one (1) or more similar land uses can be used in making the determination of applicability. 16.1.5 Study Scope Meeting. Once it is determined that a traffic impact study is required, a scope meeting must be held with the developer or their consultant and the appropriate representatives of the City. It will be the responsibility of the developer or their consultant to initiate this meeting. The purpose of this meeting is to discuss the availability of site-specific information concerning the development, available forecasts of traffic volumes, and to ensure the applicant understands the content requirements for traffic impact studies. 16.1.6 Required Contents A. The traffic impact study must include the following minimum components: 1. Title Page. A title page listing the name of the proposed development and its location. 2. Table of Contents. A table of contents outlining the study shall be provided. 3. Certification. The study shall be signed and stamped by a qualified professional. 4. Executive Summary. An executive summary discussing the development, the major findings of the analysis, and recommendations made by the qualified professional shall be provided. 5. Vicinity Map. A vicinity map showing the location of the proposed project in relation to the transportation system of the area. 6. Study Area Map. A map of the traffic impact study area. For the purposes of this chapter, the traffic impact study area shall be determined according to trip generation rates as shown in Table 16.1.6.A, Study Area Size Requirements. In the event there is a difference because of applying peak and total trips, the more restrictive requirement (larger study area) shall apply. Table 16.1.6.A– Study Area Size Requirements Peak Hour Daily Trips Distance from Perimeter of Trips Generated Proposed Development Along Generated Roads 100—150 750—1,500 ½ mile 151—500 1,501—5,000 1 mile 501—1,000 5,001—10,000 2 miles 1,001 or more 10,0001 or more 3 miles 7. Inventory of Transportation Facilities in the Study Area. A description of transportation facilities in the study area, including roadway names, locations, and functional classifications, intersection lane configurations, traffic control (including signal timing), existing rights-of-way, transit routes and stops (if any), pedestrian and bicycle facilities, and planned transportation system improvements. An existing lane configuration sketch shall be submitted for all roadways intersections within the study area. 8. Trip Generation Data. a. Discounting of "Pass-By" Trips. The peak-hour trip generation study may subtract from the empirical data on actual vehicle trips if those trips are reasonably considered to be "pass-by" trips as defined by this chapter, using professionally accepted assumptions about the percent of "pass-by" trips approved by the Director. b. Reduction for Internal Trips in Multiuse or Mixed-Use Development. In calculating the new trips generated from a proposed development containing multiple uses or mixed-use a qualified professional with the approval of the director my apply a percentage reduction to the total vehicle trips shown in any peak hour trip generation study to account for internal trips, as defined in this Section, so as to account for (discount) the number of internal trips reasonably expected to occur in such multiuse or mixed-use development. Said reduction shall not exceed twenty-four percent (24%)24% of total trips generated. c. Phased Development. If phased development is proposed, the study shall include projections for the year that each phase of the development is planned to be complete. d. Pending/Approved Developments. The traffic impact study shall also include trip generation data for any pending and approved developments that would affect the study area. The Public Works Department shall facilitate the review of applicable files by a qualified professional to determine the names and development characteristics of pending and approved developments in the study area. e. Truck Trips. Truck trips shall be calculated and shown separately. Peak hour distribution of inbound and outbound trucks shall be identified separate from passenger cars. For light industrial, industrial parks and warehouse uses, trip rates contained in the latest edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), unless otherwise approved by the director, shall be used. All truck trips shall be converted into passenger car equivalents (PCE) for intersection capacity analysis. 9. Site Plan and Development Data. A complete description of the proposed development, including a site plan with the best available information as to the nature and size of each proposed used and the proposed location and traffic control of all proposed access points, including the distance from all proposed access points to adjacent access and/or streets, including those across a street right-of-way from the subject development. 10. Existing Traffic Volumes. Peak and total daily traffic volumes on all arterial, collector, and local streets within the study area. Traffic counts should be no more than one (1) year old when the report is prepared. Traffic counts between one (1) and three (3) years old may be used if factored to the current year. Traffic counts older than three (3) years will not be accepted. 11. Facility Performance. Existing performance of the transportation system, including levels of service (LOS) and volume/capacity ratios (V/C) for all intersections and road segments, as appropriate, within the study area. Identification of any project related improvements necessary to mitigate the impact on the level of service (LOS) for the abutting roadways and unsignalized/signalized intersection resultant from the trips generated by the proposal. 12. Trip Distribution and Assignment. Trip distribution for the proposed development. For developments expected to generate more than thirty (30)30 truck trips per day, the study shall include separate trip distribution figures for trucks. 13. Forecast Performance Without the Development. Forecast performance, including levels of service (LOS) and volume/capacity (V/C) ratios of the transportation system without the development in the year that each phase is planned to be complete and in the horizon year. 14. Forecast Traffic Volumes with the Development. Forecast traffic volumes with the development, on all arterial, collector, and local roads within the study area, in the year that the proposed development is planned to commence and in the horizon year. 15. Forecast Performance with the Development. Forecast performance, including levels of service (LOS) and volume/capacity (V/C) ratios of the transportation system with the development in the year that each phase is planned to be complete and in the horizon year. 16. Sight Distance. A safety analysis of the site accesses and an assessment whether adequate sight distances are provided at driveways and streets abutting the development. 17. Operational Characteristics. Analysis of prevailing operating speeds, if significantly different than speed limits, right and left turn lane warrants, queue lengths, acceleration and deceleration lanes, including lengths and tapers, throat lengths, channelization, and other characteristics of the site accesses, which exist and may be needed, as appropriate. The traffic impact study shall address whether driveways and intersections are located and spaced safely and designed to accommodate expected traffic volumes and maneuvers. The operational characteristics analysis shall also evaluate the turning and traveling characteristics of the vehicles that will be using the proposed development and the adequacy of the geometrics of the existing and proposed roadway (public and/or private) configurations to accommodate these characteristics. 18. Crash Analysis. Analysis of crash data in accordance with the Highway Design Manual and an identification and description of specific mitigation measures. 19. Multimodal Analysis. Analysis of multimodal site access, safety analysis, and pedestrian considerations and an identification and description of specific mitigation measures. a. On-Site Circulation. The traffic impact study shall address whether onsite vehicular and pedestrian circulation and parking layouts are safe and efficient. b. Significant Impacts. Analysis as appropriate of any potential adverse or controversial effects of the proposed development on the transportation system in the area. Examples of possible effects include, but are not limited to, infiltration of non-residential traffic into residential neighborhoods, traffic noise, creation of potential for traffic violations, conflicting turning movements with other driveways, any new pedestrian or bicycle transportation needs arising from the development, etc. c. Mitigation Measures and Costs. i. Listing of all intersections and road segments that are forecasted to be level of service "E" and "F" in the horizon year, or if phased, in the years that each phase is planned to be complete, and an identification and description of specific mitigation measures, including signal, turn lane, or other warrant analyses as appropriate and necessary to bring these intersections and road segments into compliance with a level of service "C" or other City adopted level of service for said road segment or intersection. ii. If roadway improvements are needed, the study shall show a drawing for all recommended lane configurations. iii. If signalization is warranted by the traffic signal warrants outlined in the Manual on Uniform Traffic Control Devices (MUTCD), a warrant analysis shall also be conducted as a part of the traffic impact study. If a traffic signal is warranted, the warrant package in the study shall show a drawing detailing the signal design and phasing plans. iv. The estimated cost associated with implementing all such mitigation measures shall be provided in the traffic impact study. v. The traffic impact study may consider any City/County/Stateapproved roadway, traffic signalization and other improvements in determining mitigation measures and providing recommendations. d. Alternative Transportation. Alternative transportation (sidewalk, bicycle, transit) needed because of the study, shall be identified. Should the proposed development require multimodal improvements, mitigations factors must be included and will be included as a condition of Final Plat or Certificate of Occupancy approval. e. References. A listing of all technical documents and resources cited or consulted in preparing the traffic impact study. f. Technical Appendix. Relevant technical information, including, but not limited to, copies of raw traffic count data used in the analysis, calculation sheets and/or computer software output for all LOS and V/C calculations in the analysis, warrant worksheets for signals, turn lanes, and signal phasing, etc. used in the analysis. 16.1.7 Additional Technical Specifications. The City is further authorized to promulgate and require the use of additional technical specifications for conducting traffic impact studies, which shall be consistent with analysis methods included in the most recent Highway Capacity Manual, Manual on Uniform Traffic Control Devices, and/or Traffic Access and Impact Studies for Site Development: A Recommended Practice (Washington, DC: Institute of Transportation Engineers, 1991), as may be amended or republished from time-to-time. 16.1.8 Cost and Fees The City assumes no liability for any costs or time delays (either direct or consequential) associated with the preparation and review of traffic impact studies. There shall be no application review fee for a traffic impact study. 16.1.9 Submittal and Review A. Submittal. The applicant for the proposed development or the qualified professional shall submit a copy of the traffic impact study and technical appendix to the Public Works Department. B. Review. Within ten (10) working days of receipt of a traffic impact study, the Public Works Department shall review all calculations and analyses and determine if they are complete, reasonable, understandable, consistent, and fully explained. The Public Works Department shall return the traffic impact study to the development applicant for correction. C. Recommendations for Mitigation of Impacts. Within 15 working days of receipt of a completed traffic impact study, the Public Works Department must complete the review of the study and submit to the Community Development Director, or their designee, all recommendations for mitigation measures as stated in the traffic impact study and include any interpretations or recommended conditions of approving the development proposal that will mitigate traffic impacts of the proposed development. D. Determination of Project and System Improvements. 1. The Public Works Department will determine which mitigation measures constitute “project” improvements and which mitigation measures constitute “system” improvements within the context of the Georgia Development Impact Fee Act of 1990. 2. If a particular improvement is called for in the traffic impact study or recommended by the Public Works Departments, and the Department is unable to uniquely attribute the recommendation as a project or system improvement or finds that such improvement has characteristic of both a project improvement and a system improvement, the Public Works Departments, with the assistance of the Community Development Director, will determine the proportion of the cost of such improvement(s) that can reasonably be attributed to the development as a project improvement, and the portion of such improvement that can reasonably be considered a system improvement. E. Conditions of Development Approval. Upon the determination of project improvements needed to mitigate the traffic impacts of the development proposal as provided in this UDC, the Public Works Department may recommend the project improvements be completed by the developer as conditions of approval of the development proposal. F. System Improvements. The Public Works Department shall include system improvement recommendations in the conditions for approval of the development plan. 16.2 Minimum Design Standards 16.2.1 In General A. The location, arrangement, extent, width, and grade of all streets shall conform to the Comprehensive Plan and the Comprehensive Transportation Plan and shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the streets. The layout of a subdivision shall conform to the requirements and design principles described in this UDC. B. The location of all streets and roads shall conform to the Comprehensive Plan and the Comprehensive Transportation Plan. Provision shall be made in developments for the construction of streets at locations shown in the Comprehensive Plan and Comprehensive Transportation Plan. C. Whenever a tract to be subdivided includes any part of a major arterial, minor arterial, major collector, or minor collector street designated on the Comprehensive Plan or Comprehensive Transportation Plan such part of said street shall be installed by the applicant in the location and at the full width indicated by the functional classification for right-of-way and pavement widths indicated in this UDC. 16.2.2 New Subdivisions In order that the various purposes of this Chapter may be accomplished, all subdivisions hereafter established shall be developed and improved in accordance with the minimum design standards set forth in this Chapter. Final Plat approval shall not be given to any subdivision until all appropriate design standards have been met and until all appropriate required improvements have either been installed or an appropriate bond or certified check has been posted to secure the installation of such improvements. No subdivision shall be accepted for review under these regulations which do not conform with this UDC. 16.2.3 Recorded but Unopened Parcels recorded prior to the effective date of these regulations which abut an unopened street shall not be developed until such street or portion thereof has been opened and constructed according to this UDC. 16.2.4 Re-Subdivision of Lots within a Recorded Single-Family Subdivision A. Lots within a recorded subdivision for single-family detached units designed to be developed as a unified whole shall not be further subdivided if such re-subdivision results in any of the following: 1. The re-subdivision creates lots of such size or shape which would alter or change the character of the recorded single-family subdivision; and/or 2. The re-subdivision adversely impacts the visual quality or consistency of the established development pattern. 16.2.5 Water Main Design and Construction Standards All developments shall comply with the minimum standards as regulated by the Public Works Department, as applicable and amended. 16.3 Streets 16.3.1 General A. No person shall do any paving work, or any other related or similar roadwork, on, or adjacent to, a City street without a permit. B. All transportation system design, street design, and construction for non-local roadways shall comply with Georgia Department of Transportation (GDOT) requirements. The latest edition of the GDOT manual, "Standard Specifications, Construction of Roads and Bridges," shall apply. C. Where conflict arises between GDOT standards and this Section concerning non-local roadways, the stricter standard shall apply. Design of local roadways shall be governed by the policies as stated within the UDC; however, construction methods/practices of said roadways shall be governed by the stricter of the GDOT standards and the UDC. D. All materials, equipment, labor, and other matters related to street construction shall be provided by the applicant. The following is a summary of the improvements required: 1. All streets, roads, and alleys shall be graded to their full width right-of-way by the applicant so that the pavements and sidewalks, when installed in the future, can be constructed on the same level plane. The preparation of the right-of-way before grading is started and the construction of cuts and fills shall be accomplished according to the specifications of the City. 2. An as-built subgrade centerline profile shall be submitted to the City. The profile shall include both proposed and as-built centerline elevations at every even station. No curb and gutter or waterlines shall be installed prior to subgrade approval. 3. An adequate drainage system, including necessary curb, pipes, culverts, headwalls, intersectional drains, drop inlets, bridges, swale ditches, and detention areas, shall be provided for the proper drainage of all surface water. The drainage system shall be designed by a registered professional engineer, licensed in the State of Georgia. E. After preparation of the subgrade, the roadbed shall have base material and paving applied according to City specifications. F. Design speeds, typical Sections of roadway, maximum superelevation rates, and other roadway design items are to be set by City of Stockbridge on an individual basis. G. Alleys may be provided at the rear of lots. H. Roadways may be created or established by: 1. Dedication; 2. Prescription; 3. Express grant of an easement; 4. Deed; 5. Special statutory proceeding; or 6. Condemnation. 16.3.2 Private Streets and Drives A. Private Drives. 1. Definition. Private drives are defined as sub-standard private accessways providing access to more than one parcel where one or more of those parcels lacks direct frontage on a public or private street. Private drives are located within the boundaries of the parcels they serve and are not subdivided or dedicated as right-of-way. Private Drives are subject to the following classifications and regulations outlined herein. 2. Standards for Private Drives. All private drives shall meet the following standards: a. Shall be located within a recorded private access easement and shall comply with applicable property owners’ association and maintenance requirements. b. No new platted lots of record may be created or subdivided using an existing or future private drive for access. c. Private drives are only permitted to serve existing platted lots of record or lots deeded prior to the original adoption of zoning regulations in Madison County. d. Private drives shall serve no more than one (1) lot. e. Where a deficient private drive exists and a lawful, existing platted lot of record is proposed to take new access from it, the entire length of the private drive shall be brought into compliance with Section 16.3.43, Requirements for New and Redevelopment Streets. B. Private Streets. 1. Definition. Private streets are defined as privately owned and maintained accessways which serve as the primary means of vehicular access for multiple lots or units within a development. Unlike private drives, private streets are constructed within a platted and recorded access easement or parcel but are not dedicated to or maintained by a public agency. Private streets are intended to function similarly to public streets in terms of connectivity, design, and emergency access, and are subject to the design, construction, and maintenance requirements outlined herein. 2. Standards for Private Streets. All private streets shall meet the following standards: a. Shall provide a private access easement and comply with property owners’ association requirements and maintenance requirements. b. Shall meet construction standards for public streets provided herein. c. Shall require approval from the Mayor and City Council. d. Where a deficient private street exists and a lawful, existing platted lot of record is proposed to take new access from it, the entire length of the private drive shall be brought into compliance with the Section 16.3.4XX, Street Design StandardsRequirements for New and Redeveloped Streets. e. Upon compliance with all of the provisions of the UDC, building permits may be issued for building on private street upon the applicant signing a "statement of understanding" that said roadway is a private street and that the City assumes no responsibility for the maintenance of said road until such time as it becomes feasible and advisable to accept said roadway as a "City Street." At such times, the City shall accept said road as a City street provided that the property owners along said road convey the minimum width required by the City. C. General Standards for Private Streets and Drives. 1. Private Access Easements. All private streets or drives shall be located within a recorded private access easement that meets the following standards: a. Shall cover the length of private streets or drives that connect directly to federal, state, or locally maintained road or private street. b. Shall have a minimum width of 30 feet. 2. Property Owners Association Requirements. Any private drive serving multiple properties shall be maintained by a mandatory property owners association, which shall include: a. Mandatory membership for all property owners of lots served by the private drive or street. b. Responsibility for road maintenance, insurance, and tax obligations. c. Equitable cost-sharing provisions for all lot owners. d. Authority to place liens on the real property of members who fail to pay dues or assessments. 3. Maintenance. a. The City shall not maintain, repair, resurface, rebuild, or otherwise improve streets, signs, drainage improvements, or any other appurtenances within general purpose public access and utility easements established for private streets or drives. b. Permanent repairs to the streets or drives shall be made by the homeowners’ associations or other entity having maintenance responsibility for the development. Driveways and sidewalks will be repaved, sodded or landscape areas will be graded, smoothed, reseeded or resodded, where appropriate. c. A private maintenance covenant recorded with the Clerk of the Superior Court shall be required for any private street or drive and other improvements within general purpose public access and utility easements established for private streets or drives. The covenant shall address: i. Allocation of expenses; ii. Remedies for noncompliance; iii. Use and access rights; and iv. Other terms as necessary to ensure long-term maintenance. 4. Final Plat Requirements. a. Recordation of a Final Plat is required to establish all private streets or drives. Additional plat process may be required, based on the applicability found in Chapter 14, Subdivisions and Platting ProceduresSubdivisions. b. No final plat involving a private street or drive shall be approved for recording unless it contains the following: i. Deed book and page reference to the recorded maintenance covenant and access easement(s). ii. Maintenance Statement: "The City of Stockbridge has no responsibility to build, improve, maintain, or otherwise service the private streets/drives, drainage improvements, and other appurtenances contained within the general public purpose access and utility easement or easements for private streets shown on this plat." iii. Grant of Easement: "The general purpose public access and utility easement(s) shown on this plat for private street/drive(s) are hereby granted. This grant shall be construed to authorize access for the City and utility providers for the installation and maintenance of infrastructure, including electric, gas, water, sewer, telecommunications, and fiber optics, with rights of ingress, egress, and vegetation maintenance as necessary." iv. Compliance with all bonds and phasing of improvements shall be required for private streets as if it was to be publicly dedicated, unless a specific provision is determined not to be applicable by the Community Development Director. 16.3.3 Street Construction Methods A. Unless otherwise specifically set forth herein, all of the materials, methods of construction, and workmanship for the work covered in reference to street construction shall conform to the latest specifications of the Georgia Department of Transportation. B. Grading, Clearing, and Grubbing. 1. The contractor may begin clearing and grubbing the project after: a. A development permit has been issued by the city; b. A pre-construction conference has been held; and c. All required silt and erosion control measures have been installed and approved. 2. All trees, stumps, logs, roots, grass, weeds, poles, and other objectionable matter shall be cleared and grubbed from within the construction limits of the project. 3. No rubbish or other material resulting from the clearing and grubbing of the roadway shall be buried at the site. 4. If burning is permitted, all burn pits shall be located outside of the roadway construction limits. After burning, the pit shall be cleared out. A city inspection is required prior to backfilling and must be shown on the final plat. C. Excavation. 1. Any stones, broken rock, or boulders resulting from the grading of the roadway may not be placed in any roadway fill area except when approved by the Public Works Department. 2. During the construction of the roadway on a day-to-day basis, the roadbed edges shall be kept lower than the center and the grading shall be done so that the surfaces of the excavated areas and fill shall be kept reasonably smooth and well drained. Adequate surface ditches shall be cut at the tops of cut slopes, extending to each end of the cuts in order to carry the water from the side hill. Side ditches or gutters emptying from cuts to fill areas shall be turned outward so as to prevent erosion of the fill slopes. D. Subgrade Preparation for all Streets. Subgrade preparation shall be in accordance with Georgia Department of Transportation specifications. E. Removal of Unsuitable Material. If any sections of the subgrade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized. F. Compaction. Fill shall be placed in uniform, horizontal layers not more than six (6) inches thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95 percent (95%)95% of maximum dry density except for the top 12 inches which shall be compacted to 98 percent (98%)98% of maximum dry density. G. Brought to Line and Grade. After the earthwork has been completed, all storm drainage, water, and sanitary sewer utilities have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the subgrade shall be brought to the lines, grades, and typical roadway section shown on the plans. H. Roadway. 1. The entire roadbed shall be scarified and compacted with a sheep's foot or other approved rollers. 2. After all excavation has been completed and all fills have been placed, the entire road bed surface shall be finally shaped with a grading machine supplemented with hand work whenever required to secure a smooth surface and uniform cross-section. 3. Slopes of cuts and fills shall also be carefully shaped to the true section specified. 4. When final shaping is finished, the road surface shall conform accurately to the line, grade, and cross-section shown of plans, and no roots, sod, grass, stones, or other unsuitable material shall remain in the top 12 inches of the finished roadbed. 5. All ditches and drains shall be opened to effectively drain the roadway. I. Utility Trenches to be Compacted. All utility crossings within the right-of-way must be installed prior to subgrade approval. All manhole covers must be flush with top of intermediate course if there is a delay in applying the final surface course for new roadway pavement. Manhole covers will be required to be adjusted flush when final surface course is installed. Utility trenches cut in the subgrade shall be backfilled as specified herein. Compaction tests at the rate of 1 per 150 feet of trench shall be provided to verify compaction. J. Curb and Gutter. 1. After sanitary sewer lines have been installed, all storm drainage in place, and the final finishing of the roadway has been approved by the director or designee, and the centerline profile has been approved, the installation of the concrete curb and gutter may begin. 2. Any curb and gutter which does not conform to a true section, texture, line, and grade shall be removed and replaced as approved by the Public Works Department. 3. Water lines shall be installed after installation of the curb and gutter. K. Roll Testing Required. The subgrade must pass roll testing prior to placement of the base material. The roll test of the subgrade and base material shall be observed and approved by the Public Works Department prior to paving. L. Temporary Traffic Surface. When the street is to be used for construction traffic before the paving work is completed, a layer of stone (except crusher run) shall be laid as a traffic surface. This material shall not be used as a part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving. M. Provisions to drain low points. Provisions shall be made to drain low points in the road construction when the final paving is delayed. A break in the berm section is required when the curbing has not been constructed. Drainage under the curb to side slopes after installation is required, using minimum four-inch diameter pipe sections. Vegetated or stabilized swales should be considered for managing road construction runoff. 16.3.4 Requirements for New and Redeveloped Streets A. General Standards. 1. All improvements shall be constructed and dedicated by the developer. 2. Proposed street layouts shall interconnect within a development and with adjoining development as often as possible. 3. Half streets shall be prohibited except where essential to the reasonable development of the subdivision and approved by the Public Works Department. 4. Any subdivision or development with access onto a highway, arterial, or collector street shall provide lanes for deceleration, ingress, and egress, as approved by GDOT on state roads and approved by the city on non-state roads. 5. Any subdivision or development which access onto an arterial or collector road shall be required to design and construct a left turn lane, if GDOT criteria are met. The developer will be responsible for the acquisition of right-of-way and relocation of utilities. 6. Minimum radius for cul-de-sacs shall be 40 feet from the back of curb, except for commercial or industrial areas, where the minimum radius shall be 55 feet from the back of curb. 7. The following street specificationsTable 16.3.4, Street Specifications for NonState Maintained Roads isare provided for non-state maintained roads within the limits of the City. Table 16.3.4 – Street Specifications for Non-State Maintained Roads Street Type Minimum Right-ofWay/Easement width Minimum Pavement widths1 with curb and gutter Minimum Pavement widths1 without curb and gutter Major Arterial 100 feet 52-53 feet 48 feet Minor Arterial 80 feet 28-29 feet 24 feet Collector 80 feet 28-29 feet 24 feet Local (Residential) 50 feet 28 feet Prohibited Local (Nonresidential) 60 feet 28 feet (commercial) Prohibited Cul-de-Sac (Residential) 80 feet 80 feet Prohibited Cul-de-Sace (Nonresidential) 110 feet 110 feet Prohibited Alley N/A 20 feet 20 feet 30 feet (industrial) 1 = The City may require additional right-of-way and pavement width in specific situations. Roadways with medians and/or additional language will require extra right-of-way and pavement widths. B. No Parking. No parking areas shall be established for the use of fire equipment and emergency vehicles to ensure access to the premises in cases of emergency, as approved by the Fire Marshal. Said areas shall be marked "Fire Lane-No Parking." 16.3.5 Street Construction Standards A. Minimum Standards. 1. Road design and construction must comply with the minimum standards as shown in Table 16.3.5, Roadway Construction Standards. Table 16.3.5 – Roadway Construction Standards Street Type Surface Topping Plant Mix Local (up to 40 residential lots) 2 inches of 12.5mm superpave1 Local (41 to 100 residential lots) 1.25 inches of 9.5mm superpave1 Local (over 101 residential lots) 1.5 inches of 12.5mm superpave1 Tack Coat Asphalt Binder Course Prime Application Base Construction 0.20-0.25 GAL/square yard 0.04-0.06 2 inches of GAL/square 19mm yard superpave1 6 inches GAB Local (Commercial) 3 inches of 19mm superpave1 Local (Industrial) 4 inches of 25mm superpave1 Collector Arterial 8 inches GAB 10 inches GAB 1 = Superpave mix with hydrated lime (Level 1) B. 2:1 maximum slope allowed (2:1 or flatter) for fill areas and back slopes. C. Subgrade. 1. Before placing any pavement base, the entire surface of the subgrade shall be plowed, harrowed, and mixed to a depth of at least six (6) inches. If a subgrade stabilization material is required, then it shall be incorporated into the subgrade at this time. 2. After the material has been thoroughly mixed, the subgrade shall be brought into a proper line and grade and compacted to one hundred percent (100%) of maximum dry density just prior to placing the base material. 3. The centerline profile shall conform to the established elevations with an acceptable tolerance of one-half (0.5) inch. 4. The acceptance crown tolerance shall be one-half (½) inch. D. Roadway Graded Aggregate Base Requirements. 1. The Department shall be notified twenty-four (24)24 hours prior to the placing of any base material. 2. The Department may authorize the placing of the base material after all equipment necessary for the proper construction of road base is on the project and the subgrade has been brought to the proper line, grade, and crown and compacted to the required density. 3. The Department shall check the completed base course after the base material has been placed and compacted to the required density. All areas found to be deficient shall be marked and corrected before any asphalt pavement is placed. Areas where the crown is found to exceed that which is specified or the exposed edge of the concrete gutter is less than the minimum depth required, shall be reshaped and rolled to obtain the required cross-section. 4. After the compacted material has been approved, field tests shall be taken by the field contractor and by a professional engineer to determine the thickness of the constructed base course. a. Tests shall be taken at (400)400 feet intervals alternating between each lane and center of roadway. b. Measurements shall be taken per GDOT standards, c. Areas found to be deficient in thickness shall be corrected as directed by the Department. No asphalt course shall be placed until deficiencies in base have been adequately addressed. 5. A copy of all delivery tickets for the graded aggregate base material shall be furnished prior to placing any asphaltic concrete paving material. A shortage in the base material used shall require that the asphaltic concrete surface course thickness be increased. 6. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of the road base by the Public Works Department. E. Paving. 1. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of the road base by the Department. 2. All asphaltic concrete material and construction shall be in accordance with GDOT standards for "hot mix asphaltic concrete construction". 3. The Department shall check the cross-section of the finished pavement. Any area found to be deficient shall be marked and a record of deficiencies made by the director or designee. 4. If, in the opinion of the Department, the extent of deficiencies will impair the performance of the pavement, the Department shall direct that an overlay of a minimum thickness of one (1) inch be placed before the roadway is opened to traffic. 5. A copy of the delivery tickets for the asphaltic concrete material used shall be furnished to the Department at the time of completion of the work. If the delivery tickets indicate a shortage in the material used from the quantity estimated, then the Department may require a minimum one (1) inch overlay of the streets. 6. The base thickness is to be measured and accepted by the City prior to placement of any asphalt course. The applicant shall have core tests made to verify the thickness and compaction of the two-inch asphalt pavement course. a. The minimum core diameter shall be such that compaction of the sample can be determined in the lab and subsequent data supplied to the Department. b. The compaction of the course shall be required to meet Georgia Department of Transportation (GDOT) specifications per the asphalt mix placed. c. If a two (2) course asphalt section is required, the cores for the binder layer shall be cut, reviewed, and approved by the Department prior to placement of the topping lift. Also, in the event that a two (2) course asphalt section is required, the cores for the topping lift, if between one and one-half (1.5) inch and one and one-quarter (1.25) inch in thickness, shall be made to determine the thickness only. d. All cores shall be made on 400 foot intervals, alternating between each lane and center of roadway. If these cores indicate a deficiency in thickness or compaction of the asphalt pavement, an overlay shall be required when the following deficiencies occur: i. When the number of cores deficient in thickness within the allowable one-quarter (0.25) inch tolerance, or deficient in compaction exceeds 35% of the total cores taken on one (1) street; or ii. When two (2) or more consecutive tests show a deficiency of more than one-quarter (0.25) inch allowable tolerance or a deficiency in compaction. When a core shows a deficiency in excess of the allowable tolerance or compaction, additional cores shall be taken to delineate the area of the deficient thickness/compaction. 7. The applicant shall correct any deficiency with an overlay extending a minimum of 150 feet beyond the outer limits of the deficient area for the full width of the street. Smooth, neat joints shall be saw cut normal to the roadway for full depth of asphalt pavement, removing the original pavement for a minimum of ten (10) feet at each end of the overlay. The thickness of the overlay shall be determined by the depth of the deficient area and shall not be less than one and one-quarter (1.25) inch in compacted thickness. The type of material used in the overlay shall be specified by the Department. F. Shoulder and Drainage Improvements. After the paving has been inspected and approved, the pavement edges or behind the curb and gutter shall be backfilled and compacted and the ditches and back slopes properly graded, shaped, seeded, and mulched. An 80% stand of grass shall be obtained. All swales and ditches excavated below required depth shall be backfilled and compacted to 95% of maximum dry density. G. Horizontal Alignments. 1. The radius of horizontal curves on local residential streets within a subdivision shall be no less than two hundred (200)200 hundred feet. 2. The radius of horizontal curves on non-residential streets shall be no less than three hundred (300300 hundred) feet. 3. The horizontal radius for collector and arterial streets or any streets with a design speed of more than twenty-five (25)25 miles per hour shall comply with the latest version of the American Association of State Highway and Transportation Officials (AASHTO) standards. 4. The minimum tangent lengths on non-residential streets is 100 feet. 5. The minimum tangent lengths on roadways with superelevation are governed by the minimum runoff and runout lengths necessary to adequately transition the superelevation rates required for the curvature based on the design speed and maximum allowable superelevation rate of the roadway. 16.3.6 Street Grades and Design Speeds A. Local and Collector Streets. Maximum grade for all local and collector streets shall be 12%. B. Arterial Streets. Maximum grade for all arterials shall be five percent (5%). C. All changes in grade must be connected by vertical curves which adhere to the design criteria as set forth by the current edition of the American Association of State Highway and Transportation Officials (AASHTO) Guide. 16.3.7 Curbs and Gutters A. Curb and Gutter Required. All new streets shall be provided with curb and gutter. All gutters shall drain smoothly with no areas of ponding. B. Gutter. Gutters shall be a minimum of 18”. C. Curbing. Curbing shall meet the following requirements: 1. Profile. All curbs shall be L-back curbs. 2. Curb Section. a. Residential Streets. Typical minimum section shall be 28” x 6” b. Major Thoroughfares. Typical minimum section shall be 30” x 6” for travel lanes along roadways with a posted speed limit of 40 miles per hour or 45 miles per hour. 3. Material. All curbs shall be constructed of Portland cement concrete. 4. Curbs shall be designed to provide handicapped access at street intersections, wherever sidewalks are constructed. D. Construction Methods. Curb and gutter shall be set true to line and grade, horizontal be field staked, and finished to the section shown on the plans. The grade of the new gutter shall be placed one inch (1") above the pavement grade in areas where drainage will not be adversely affected. 1. Line and grade shall be field staked for grades less than two percent (2%) and grades over 12%, and within 100 feet in both directions from all low points. 2. One-half inch (0.5") expansion joints or pre-molded bituminous expansion joint material shall be provided at all structures and radius points, and at intervals not to exceed 250 feet in the remainder of the curb and gutter. 3. Inferior workmanship or unprofessional construction methods resulting in unacceptable curb and gutter will be cause for rejection of the finished work. 4. Disturbed areas along all curbing shall be backfilled, stabilized, and grassed. 16.3.7 Street Intersections A. Angle of Intersection. 1. Intersections shall be generally be at right angles. 2. Shall not be at an angle of less than 80 degrees or more than 100 degrees on residential streets, unless approved by the City. 3. Shall not be at an angle of less than 90 degrees or more than 100 degrees for nonresidential streets, unless approved by the City. B. Curb Radius. 1. The minimum curb radius at street intersections shall not be less than 25 feet in residential subdivisions. 2. The minimum curb radius of street intersections for nonresidential streets shall be 50 feet. 3. For streets/roadways to have a dual lane exit, the exit curb radius shall not be less than 75 feet. 4. Where a City collector or an arterial roadway intersects with another City collector or arterial roadway the minimum radii at the intersection shall be 50 feet. C. Street Intersection Standards. 1. Pedestrian ramps shall be designed for all intersections in accordance with standard drawings for subdivisions and residential developments designed to include sidewalks and shall meet the minimum standards in the Georgia Accessibility Code. The curb shall be depressed to accommodate future installations at the same time as the curb. 2. Interior subdivision street intersections shall have a minimum centerline offset of at least one hundred twenty-five (125)125 feet when not aligned directly across from one another. D. Visibility at Intersections. 1. Corner Lots. On corner lots within all zoning districts, no fence, shrubbery, or other obstruction shall be placed within the sight line triangles that blocks or disrupts the line of sight based on a driver eye height of three and one-half (3.5) feet located 14 feet from edge of travel lane or from the edge of the deceleration lane and an object height of three and one-half (3.5) feet located in the center of each respective lane. However, street signs, streetlights, mailboxes, or similar shall be permitted within the sight line triangles. 2. Intersection Sight Distance. a. Curb cuts shall be placed to provide for the minimum intersection sight distance based on the intersecting road's posted speed limit as shown in Table 16.3.7.D.2.A Intersection Sight Distance. Table 16.3.7.D.2.A – Intersection Sight Distance Speed (MPH) Intersection Sight Distance 25 280 30 335 35 390 40 445 45 500 50 555 55 610 Source: 2018 AASHTO Green Book b. The intersection sight distance is measured using a driver-eye height of three and one-half (3.5) feet and an object height of three and one-half (3.5) feet with the driver eye being located 14 feet beyond the edge of the travel lane or from the edge of the deceleration lane and an object height of three and one-half (3.5) feet located in the center of each respective oncoming lane. c. Intersection sight distance shown in Table 16.3.7.D.2.A, Intersection Sight Distance is for a stopped passenger car to turn left onto a twolane highway with no median and grades three (3) percent or less. For other conditions, the time gap should be adjusted and the sight distance recalculated per AASHTO standards, latest edition. 3. Stopping Sight Distance. a. The minimum centerline stopping sight distance shall be designed relative to the design speed of the street as shown in Table 16.3.7.D.3.B, Stopping Sight Distance. Table 16.3.7.D.3.B – Stopping Sight Distance Formatted Table Speed (MPH) Centerline Stopping Sight Distance Minimum crest curve “k” Minimum sag curve value “k” value 25 155 12 26 30 200 19 37 35 250 29 49 40 305 44 64 45 360 61 79 50 425 84 96 55 495 114 115 Source: 2018 ASSHTO Green Book b. The centerline stopping sight distance shall be measured above the centerline using a driver eye height of three and one-half (3.5) feet and an object height of six (6) inches. c. Where there is an intersecting street on or near the vertical curve, the minimum "k" value may not provide for the minimum intersection sight distance requirement. If this is the case, the "k" value for the crest curve will need to be increased in order to obtain the minimum intersection sight distance required. E. Maximum Grade. Street intersections should be designed with a flat grade wherever possible, but in no case should the grade exceed 2 percent (2%) in normal situations (or 4 percent (4%) in topographical hardship situations on local streets). F. Islands. Islands in street intersections shall conform to the design requirements of the standard drawings. In no case shall anything in an island extend more than three feet above the street grade within the right-of-way, except traffic regulatory devices and other infrastructure erected or approved by the City. No island shall be approved which contains less than 100 square feet. 16.3.8 Traffic Control Devices A. Traffic Control Signs. The installation of street signs, traffic control signs, and devices such as striping and signalization, shall be coordinated with the Department, and provided through payment of fees to the appropriate agency. B. Street Name Signs. 1. The director shall determine the need and location of street signs within a subdivision. 2. The standard steel street posts or wooden four-inch by four-inch posts with horizontal reflectorized street name plates with four-inch letters shall be furnished and installed by the City. C. Traffic Signals and Signs. All traffic signals and signs shall conform to the Manual on Uniform Traffic Control Devices (no decorative traffic control devices will be allowed). 16.3.9 Traffic Calming Devices A. Traffic Calming Devices shall be compatible with standards outlined in the Georgia Department of Transportation and shall be recognized by the Institute of Transportation Engineers (ITE). B. Private streets shall be designed in accordance with the above so as to encourage and maintain maximum operating speeds of no more than 25 mph. The maximum length of roadway section between speed control points shall be 500 feet. C. A traffic-calming plan is subject to review and approval by the Public Works Department based, in part, on a warrant analysis based in accordance with the generally accepted standards of the Institute of Transportation Engineers (ITE). 16.3.10 Transitional Requirements All established streets shall comply with the following general provisions: A. Permanent dead-end streets. 1. Local streets designed to have one (1) end permanently closed and not connected with any existing street, proposed future street, or not intended to extend to the property line of an adjacent tract, shall be no longer than seven (7) times the lot width required by the underlying zoning district, unless necessary due to the topographic or other physical conditions of the property. 2. Dead-end streets, designed to be such permanently, shall be provided at the closed end with a paved turnaround having an outside diameter of not less than 80 feet, and a right-of-way diameter of not less than 110 feet. 3. Dead-end streets, designed to be such permanently, that exceed more than 800 feet in length may be required to have a cul-de-sac for emergency vehicles, as approved by the Fire Marshal. B. Temporary dead-end streets. 1. Stub Street. Stub streets, which are intended to provide access for future development within a tract of land or adjacent lands, shall be required to have a temporary turnaround area having a diameter of not less than 80 feet, consisting of six (6) inches of graded aggregate base. 2. Temporary dead-end streets which extend for a distance greater than 150 feet shall be provided with a temporary turnaround having a diameter of 80 feet. Said temporary turnaround shall be so constructed as to ensure a surface resistant to erosion and so drained as to prevent damage to abutting properties. Temporary dead-end streets of 150 feet or less shall be provided with an earth barrier, fence, or similar physical barricade at the dead end. Provisions shall be made for the future extension of the streets and reversion of the excess right-ofway to the adjoining properties. 3. For subdivisions with a temporary turnaround, it shall be required of the applicant to provide a letter of credit equal to the cost of permanent cul-de-sac construction C. Additional paved surface width. 1. Any proposed development that includes a platted street containing a driving surface width of less than that required or deficient based on construction, material, or facility standards (e.g.: a lack of sidewalks) by this UDC shall provide for the improvement of said street so that the minimum standards required by this Article are improved by the developer along the full length of the subject property frontage. If the proposed subdivision abuts only one side of said street, then a minimum of half of the required extra surface shall be provided by the developer. 16.4 Drainage Standards for Streets 16.4.1 General A. All storm drain pipes or culverts carrying stormwater from the street and adjacent property or through lots in the subdivision shall be extended to ten (10) feet from the rear property line. 1. Stormwater shall be released into a channel or swale without causing scouring, erosion, or resulting in sedimentation of the receiving channel. 2. The outlet channel shall include structural and vegetative measures to assure nonerosive velocities of stormwater. B. Installations, backfilling, and compaction around drainage pipes shall be in accordance with Georgia Department of Transportation (GDOT) specifications. All pipes shall have a minimum cover of 18 inches from the bottom of the road base, and head walls or inlet basins constructed at the ends of the pipes. C. The design of drainage structures shall be based on the GSMM standards. D. Piped collection systems for public streets (catch basins, inlets, cross drains, longitudinal piping), shall be designed for the 25 year25-year storm. E. Road culverts, which carry live streams, shall be RCP and off-site drainage shall be designed for the 100 year100-year storm and the developer's engineer is to provide a no-rise certification letter. F. Cross drainpipes within the public rights-of-way shall be designed and constructed at or near a 90 degree angle with the roadway centerline. Where a slight skew is necessary, the pipe shall be placed within an 80 to 100 degree angle with the roadway centerline. G. Longitudinal pipes along a curved section of roadway shall be located on the inside of the curve to avoid pipe beneath the roadway footprint. In the event that the longitudinal pipe needs to be along the outside of the curve, the pipe shall be wholly located outside the limits of the curb and gutter by use of additional junction boxes. H. For pipe at a cul-de-sac location, all pipe shall be wholly located outside of the footprint of the curb and gutter that encircles the cul-de-sac. 16.4.2 Minimum Design Standards A. All of the materials, methods of the construction, and workmanship for the work covered in reference to stormwater conveyance facility construction shall conform to GDOT standards. B. Allowable pipe material for all applications in drainage easements and public street rights-of-way, except as specified below, are aluminum-coated (Type 2) corrugated steel pipe (ASP), corrugated aluminum alloy pipe, smooth-lined corrugated high density polyethylene pipe (HDPE), or reinforced concrete pipe (RCP). C. For roads constructed with public funds, either wholly or in part, or roads classified as major thoroughfares, materials which meet the GDOT design standards shall be used unless an alternative is specifically approved by the City. D. Only reinforced concrete pipe (RCP) shall be used for all dams nine (9) feet or more in height with an impounding capacity of 20 acre-feet or more unless the Georgia Safe Dams Program requires another material. E. Reinforced concrete pipe (RCP) shall be used under non-local roads when the ADT is greater than 15,000 vehicles per day (vpd). Reinforced concrete pipe (RCP) or smoothlined corrugated high density polyethylene (HDPE) pipe shall be used under nonlocal roads when the ADT is less than 15,000 vpd. F. The Department may approve an alternative pipe material with the recommendation of an engineer registered in the State of Georgia. 16.4.3 Pipe and Pipe Coating Requirements A. Pipe Standards. 1. Reinforced Concrete Pipe (RCP). a. Reinforced concrete pipe shall be in no less than eight (8) foot joint lengths. b. All joints shall be bell and spigot type, with a rubber gasket conforming to ASTM C-443. c. Pipe shall be manufactured in accordance with AASHTO M-170 and/or ASTM C-76. d. Class of pipe and wall thickness shall be in accordance with 1030-D, Georgia DOT specification, Table No. 1. 2. Aluminum-Coated (Type 2) Steel Pipe. a. Pipe coating shall comply with AASHTO M-274. b. Pipe fabrication shall comply with AASHTO M-36. c. Pipe material and fabrication shall comply with AASHTO M-196. 3. Smooth Interior Corrugated Polyethylene Pipe. a. This specification applies to high density polyethylene corrugated pipe with an integrally formed smooth-lined interior (HDPE). HDPE pipe manufacturers shall be approved by the director. b. This pipe shall conform to the requirements of AASHTO M-294, Type S. c. Joints shall be as recommended by the manufacturer and approved by the City. Connections shall create a soil tight joint at a minimum and shall use a rubber gasket, which conforms to ASTM F-477. d. Installation shall be in accordance with ASTM Recommended Practice D2321, AASHTO Section 30, or as specified by the City. e. Certification from the manufacturer that the product was manufactured, tested, and supplied in accordance with this specification shall be furnished to the City upon request 4. The Department shall determine the minimum acceptable combinations of gages, diameters, and corrugation configurations for corrugated aluminum alloy pipe and pipe arches, and for corrugated aluminum-coated steel pipe and pipe arches. 5. Each end of each pipe section, to be joined by a coupling band, shall have a minimum of two (2) annular corrugations. Coupling bands shall be so constructed to lap on an equal portion of each of the pipe sections to be joined. The connecting bands shall have a minimum of two (2) annular corrugations and fully engage, over the entire pipe periphery, one (1) corrugation on each pipe. Bands shall be fabricated from the same material as the pipe. The minimum band gauges for aluminum pipe and aluminized pipe shall be as specified in AASHTO M-196, Section 19, and AASHTO M-36, Section 9, respectively. 6. Gaskets may be required as determined by the city in the field, shall be either sleeve type or O-ring type and shall meet the requirements for gaskets as specified in AASHTO M-36, Section 9.3 7. Table 16.4.3, Pipe Installation Standards indicate which pipe is permitted within the City based on installation type. Table 16.4.3 – Pipe Installation Standards Pipe Type Installation Type RCP Aluminized Polymer Type 2 Steel Precoat Steel Aluminum Alloy Corrugated Smooth-Lined Polyethylene High Density Polyethylene Type “S” Longitudinal P P P P -- P Cross Drains >15,000 ADT1 P -- -- -- -- -- Cross Drains <15,000 ADT1 P -- -- -- -- -- Cross Drains <15,000 (local roads)1 P -- P P -- -- Cross Drains<15,00 0 (local roads)2 -- -- P P -- P Lateral Systems P P P P -- P Slope Drain -- P P P -- P Perforated Underdrain -- P P P P P Dams P -- -- -- -- -- Perennial Streams P -- -- -- -- P “P” = Permitted “--“= Not Permitted 1 = Cross drain less than 10% slope 2 = Cross drain over 10% slope 8. Minimum Standards a. The minimum allowable design velocity for all pipe types, except for Corrugated Polyethylene, is 2.5 fps. b. The maximum allowable design velocity for all pipe types is 15 fps, except for Aluminized Type 2 Steel which is 5 fps. Corrugated Polyethylene has no maximum design velocity. c. Aluminized Type 2 Steel requires a minimum soil PH/resistivity of 6/1500 ohm/cm. d. Polymer Precoat Steel requires a minimum of soil PH/resistivity of 5/1500 ohm/cm. B. Structural Plate Drainage Structures. Corrugated aluminum alloy structural plate pipe, pipe arches and arches shall consist of aluminum plates and galvanized bolts and nuts of the size, shape and thickness as shown on the approved plans. These structures shall conform to the requirements of AASHTO M-219. 16.4.4 Pipe Installation A. Installation Standards. 1. Reinforced concrete pipe (RCP), corrugated aluminum alloy pipe, corrugated aluminum coated steel pipe, and smooth interior corrugated polyethylene pipe shall be installed in accordance with GDOT specifications. 2. Prior to approval of a final plat, the City may require the submittal of certification from a mandrel testing agency indicating that all installed pipe (other than RCP) does not exceed five percent (5%) deflection. 3. Based on field inspections, video surveillance may be conducted by the City or required by the City on storm drain installations before approval of the final plat or issuance of the Certificate of Occupancy. If required, video surveillance should be done after completion of all activities that may damage the pipe but prior to the placement of base and the paving or landscaping over or near the pipe. If video surveillance indicates problems such as pipe deformation, cracking, or joint separation, the pipe shall be removed and replaced before approval. B. Bedding. All pipe structures shall be placed on stable earth or fine granular foundation with the characteristics of which would be expected to provide long-term stability. In all live stream pipe installations, in areas of low bearing solid or non-uniform foundations, in area where rock is encountered at the foundation level, or in other locations where conditions warrant, a minimum of six (6) inches of crushed stone bedding is required (maximum size of stone shall be three-quarters (0.75) inch). Geotextiles or geogrids may also be required by the City in problem areas. C. Backfilling. 1. Backfill for CSP, CAP, and HDPE pipe installations shall be constructed using graded aggregate base or crusher run six (6) inches below the bottom of pipe to 12 inches above the pipe crown. 2. Backfill for RCP pipe installations shall be constructed using graded aggregate base or crusher run six (6) inches below the pipe invert to one-quarter (0.25) of the pipe diameter. 3. Foundation backfill material shall be used for RCP above one-quarter (0.25) of the pipe diameter (if graded aggregate base is not used above the one-quarter (0.25) of the pipe diameter) as per Type I or Type II GDOT standards. 4. These materials shall be placed in players of no more than six (6) inches loose. 5. Compaction of these materials shall be accomplished by hand tamping or machine tamping. Required compaction levels are as follows: a. Within Street Right-of-Way. Backfill within all street rights-of-way shall be compacted to 95%maximum density, tested using the AASHTO Method T-99. b. In Other Areas. Backfill in all other areas shall be compacted to 90% maximum density, tested using the AASHTO Method T-99. c. Construction Loads and Minimum Covers. If drainage pipe is installed prior to the completion of grading, a minimum of four (4) feet of fill should be provided where needed to adequately protect the drainage structure during the land development phase, unless the structure itself is designed to withstand the anticipated live load during construction. 16.4.5 End Finish A. Headwalls or other end treatments are required on all culverts and at the outlet of all piped collection systems. Where ends of pipe are located within, or near, the right-ofway and are parallel, or nearly parallel, with the roadway, safety end sections shall be required when the posted speed limit is 35 miles per hour and over. B. Headwalls are to be precast concrete, stone masonry with reinforced concrete footings, or poured in place, reinforced concrete with reinforced concrete footings. Precast concrete headwalls for corrugated aluminum coated steel pipe or aluminum alloy pipe shall be made with aluminum coated steel or aluminum alloy pipe stubs. C. End treatments that conform to the slope may be pre-cast concrete end sections; aluminum coated steel or aluminum alloy end sections, masonry, PE end sections, reinforced poured-in-place slope collars, or grouted rip-rap. Concrete and metal flared end sections shall conform to applicable Georgia DOT Standard Drawing 1120, 1122, or Detail D-39. 16.4.6 Junction Boxes and Catch Basins Junction boxes and catch basins shall have metal manhole frames and lids for access. 16.4.7 Other Structures. Natural bottom arches and box culverts may be used in accordance with GDOT standards. Bottomless culverts shall require that a scour analysis be done by a registered professional engineer to ensure the soundness of the proposed structure. 16.5 Bicycle Facilities Construction Standards A. On-Street Bicycle Facilities. 1. Conventional painted bike lanes are required on both sides of local streets with posted speed limits of 35 miles per hour or less, subject to review and approval by the Public Works Department. They shall be a minimum five (5) foot wide and have painted markings indicating the right-of-way width aside for dedicated bicyclist use. 2. Painted sharrow markings are required on both sides of local streets with posted speed limits of 25 miles per hour or less, subject to review and approval by the Public Works Department. 3. All bicycle facilities shall comply with the latest published standards in the AASHTO Guide for Development of Bicycle Facilities, as amended. B. Off-Street Bicycle Facilities. 1. Multi-use sidepaths are required on both sides of collector and arterial streets, subject to review and approval by the Public Works Department. C. Multi-Use Sidepaths. Multi-use sidepaths shall be a minimum width of ten (10) foot clear zone. A planted landscape zone of a minimum of six (6) feet wide from the back of curb shall separate the multi-use sidepath from the vehicle travel lane. Where feasible, the multi-use sidepath shall not be built in a straight line. See Figure 16.5.C – Multi-Use Sidepath Cross Section. 2.1. The Community Director may reduce the sidepath to eight (8) feet, if the applicant demonstrates that there are topographic extremes, environmental restrictions (e.g., stream buffers, wetlands), or severe utility conflicts. 2. All bicycle facilities shall comply with the latest published standards in the AASHTO Guide for Development of Bicycle Facilities, as amended. Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: (Default) Calibri, Bold, Ligatures: None Formatted: Font: (Default) Calibri, Ligatures: None Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Bold Formatted: Centered Figure 16.5.C – Multi-Use Sidepath Cross Section 16.6 Sidewalk Construction Standards A. General. 1. Sidewalks shall form a logical, safe and convenient system for pedestrian or bike access to all dwelling units and other buildings, properties, and facilities. 2. Sidewalks shall be so located and safeguarded as to minimize contacts with automotive traffic. 3. Sidewalks that are appropriately located, designed and constructed may be combined with other easements and used by emergency and service vehicles, but shall not be used by other automotive traffic. 4. Minimum standards required by this Section are improved by the developer along the full length of the subject property frontage for existing streets and along the full extent for any new streets created. 5. During a transportation improvement project, sidewalks must be installed or brought into compliance with these standards. 6. 12 months from the completion of at least 90% of the dwellings in any subdivision, or phase of any subdivision, the City of Stockbridge reserves the right to install sidewalks along any areas not yet containing sidewalks. The cost of construction and installation shall be repaid to the City via a lien placed on the adjacent property upon which the sidewalk fronts. 7. After the maintenance period has expired, any broken curbing and sidewalk will be repaired by the builder before a Certificate of Occupancy/Completion is issued. B. Sidewalk Construction Standards. When required by this UDC, sidewalks and curb ramps shall be constructed in all new development or redevelopment along all abutting or internal streets, existing or new, private or public. 1. Sidewalk Installation and Timing. a. Required sidewalks shall be installed prior to the issuance of a Certificate of Occupancy/Completion. b. All sidewalks along common areas, including pond lots, amenity areas, open space, and lots containing existing homes or lots that are unbuildable, shall be installed by the developer before the end of the maintenance period. 2. Minimum Width. a. Sidewalks shall have a minimum width of five (5) feet clear zone along all roads within residential subdivisions and in residentially zoned or used areas. A planted landscape zone of a minimum of two (2) feet wide from the back of curb shall separate the sidewalk from the vehicle travel lane. See Figure 16.6.B.2.a – Sidewalk Cross Section 1. b. Sidewalks shall have a minimum width of eight (8) feet clear zone in all non-residential, mixed-use development areas, and along the frontage of the road a residential subdivision entrance is located on. A planted landscape zone of a minimum of five (5) feet wide from the back of curb shall separate the sidewalk from the vehicle travel lane. See Figure 16.6.B.2.b – Sidewalk Cross Section 2. Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Figure 16.6.B.2.a – Sidewalk Cross Section 1 Figure 16.6.B.2.b – Sidewalk Cross Section 2 b. c. Multi-use sidepaths are required on both sides of collector and arterial streets in accordance with this section, and with Section 16.65, Bicycle Facilities Construction Standards. Table 16.6 - Minimum Sidewalk Widths Local Streets (Residential)1 Landscape zone (minimum 2’ in feet) Sidewalk clear zone 5’ (minimum in feet) Multi-use sidepath clear zone N/A (minimum in feet) Local Streets (Non-Residential)2 Collector Arterial 5’ 6’ 6’ 8’ N/A N/A N/A 10’ 10’ 1 = The landscape zone and sidewalk clear zone is applicable to all roads within residential subdivisions and in residentially zoned or used areas. 2 = The landscape zone and sidewalk clear zone is applicable for along the entire frontage of the road in which a residential subdivision entrance is located on. 3. Sidewalks shall be at least four (4) inches in thickness and shall be constructed of Portland cement concrete. 4. Sidewalks shall be installed no closer than two (2) feet to the back of curb line and shall not be constructed over any underground gas, electric, communications, or water and sewer utilities. 5. Sidewalks and curbs, at street intersections, shall be designed to permit handicapped access. 6. Intersection radius curb ramps shall be provided at street intersections. Straight ramps Straight ramps may be provided at intersections of curbed driveways and at streets without sidewalks. 16.7 Trail Construction Standards A. Purpose. The purpose of this Section is to implement bikeways, multi-use sidepaths, greenways, or other public facilities contained in Master Trails Plans, LCI studies, and the Comprehensive Plan. B. Connections to Public Facilities. Where a new development or redevelopment adjoins an existing public bikeway, multi-use sidepath, greenway, or other public facility, the development shall provide a connection to such facilities. Where public facilities are incomplete but part of an adopted plan, such connections shall be installed by the developerment. C. Installation. Formatted: No underline 1. The width of the public facility shall be as depicted and shown on adopted plans. Adopted plans include but are not limited to the Stockbridge Strategic Implementation and Master Plan for Trails, the Comprehensive Plan, LCI plans, and the Henry County Trail Plan. 1.2. A trail easement shall be required and approved by the Director of Community Development and the Public Works Department. Trail easements shall be recorded on all final plats. 2.3. Trails shall be at least five (5) inches in thickness and shall be constructed of Portland cement concrete. 3.4. A two (2) foot minimum clear zone shall be provided on both sides of a trail. These clear zones shall be seeded. 4.5. A ten (10) foot minimum vertical clearance shall be provided from the trail surface. 5.6. The entire length of the paved trailed shall include a four (4) inch wide, alternating yellow centerline strip and stop markings when approaching intersections. Figure 16.7.C - Trail Cross-Section 6.7. Subgrade. Subgrade shall be compacted to 95% standard proctor. Undercut and backfill may be required as determined by the Public Works Department. 7.8. Intersections. Trail intersection shall include signage, bollards, and pavement striping. a. Bollards. i. Formatted: Font: Bold A removable bollard shall be placed a minimum of 30’ from the edge of the street and align with the alternating yellow centerline striping. ii. In addition to a removable bollard, a fixed bollard or fence post shall be on either side of the trail in line with the removable bollard. iii. All final locations shall be subject to review and approval by the Public Works Department. b. Detectable Warning Surface. A detectable warning surface shall be installed a minimum of six (6) inches from the edge of the trail and shall be a minimum of 24 inches wide. Figure 16.7.C.87 - Trail Intersection and Bollard 8.9. Trail Crossings. Formatted: Font: Bold a. Marked Striping. If a trail crossing is required in a development, the development shall provide marked crosswalks. All color pavement markings shall be anti-skid with clean cut edges and conform to GDTO standard specifications for installation and finish. Formatted: Font: Bold Figure 16.7.C.98 - Marked Crossing b. Crossing Island. A crossing island shall be required for mid-block pedestrian crossings, on roads with four or more travel lanes with posted speed limits of 35 miles per hour or more, or where AADT is 9,000 or higher. The crossing island shall be subject to review and approval by the Public Works Department. Formatted: Font: Bold c. Raised Crossings. Raised crosswalks or raised intersections shall be installed based on determination by the Public Works Department. Formatted: Font: Bold d. Pedestrian Safety. As determined by the Public Works Department, Pedestrian Hybrid Beacons (PHB) or Rapid Flashing Beacons (RRFB) shall be installed for intersection crossings. Formatted: Font: Bold 16.8 Transportation Improvement Projects A. Transportation Improvement Projects. Every transportation improvement project shall include accommodations sufficient to enable reasonably safe travel along and across the right of way for all users, including non-automobile users as set for in Section 16.3, Streets, 16.5, Bicycle Facilities Construction Standards, and 16.6, Sidewalk Construction Standards; unless one or more of these conditions exist and is documented: 1. Bicyclists or pedestrians are prohibited by law from using the roadway. In this instance, a greater effort may be necessary to accommodate bicyclists and pedestrians elsewhere within the right-of-way or within the same transportation corridor. B. Unpaved Road Improvement Projects. 1. Any unpaved road upon which a development has frontage and access shall be widened and paved, according to the functional class of the road, as set forth in Section 16.3, Streets, 16.5, Bicycle Facilities Construction Standards, and 16.6, Sidewalk Construction Standards along the frontage of the development to the nearest intersection with a paved City road. 2. The minimum right-of-way required according to Section 16.3, Streets shall be dedicated along the entire frontage of the development back to the nearest intersection in which the roadway is to be improved. 3. In addition to the design, construction, and right-of-way acquisition, the developer shall also be responsible for relocation of utilities. 4. Where a development has frontage, but does not provide access to an unpaved road, the developer shall preserve right-of-way along the development's frontage for future improvements to the roadway. 5. In instances where improving a roadway to the limits of the frontage causes for an undesirable termination point for the improved roadway, such as alignment issues or topographic issues, the improvement may be required to be further extended to provide for an acceptable tie-in to the existing roadway. C. Required Connections. Where a new development or redevelopment adjoins a bikeway or pedestrian facility, the development shall provide a bikeway or pedestrian connection to such facilities. Where facilities are incomplete but part of an adopted plan, stub-outs for future linkages shall be provided by the development. A pedestrian connection, or stub-out for future linkages, shall be provided where a new development lies within half (0.5) a mile of a school or existing or planned transit route. 16.9 Streetlight and Pedestrian Light Requirements 16.9.1 General A. In order to ensure adequate illumination of public rights-of-way and promote safety and security, The American National Standard Practice for Roadway Lighting of the Illumination Engineering Society, as approved by the American National Standards Institute, as from time to time amended, is hereby adopted as the standard for the installation and operation of lighting in the City. B. Streetlight and pedestrian light fixtures or equipment shall be erected, constructed, or installed by the applicant in such a manner to ensure that the lateral light distribution which causes a glare does not inhibit the users of the rights-of-way from safely traversing and using the rights-of-way. 16.9.2 Street Light Requirements A. All streets and roadways shall include streetlights, lampposts, or similar devices sufficient to illuminate all the street and walk area at night so as to permit safe passage by vehicles and pedestrians. B. The location, arrangement, type, and number of streetlights shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the rights-of-way. C. The overlap of pedestrian light illumination and streetlight illumination shall be minimized to such an extent that streetlights may not be required at all in areas where pedestrian lights provide the required illumination without streetlights. Pedestrian lights may be installed in addition to required streetlights but shall not be used to fully substitute or eliminate the requirement to install streetlights in accordance with this Section. D. All streetlights installed under this Section shall be dedicated by the subdivider to the City or property owners’ association, as applicable, unless this requirement is expressly waived by the Mayor and City Council. E. It shall be the responsibility of the applicant to coordinate the installation of the streetlights and pedestrian lights with the appropriate utility and the City consistent with the standards contained in this UDC. F. Lighting Plan. 1. A lighting plan, which may be prepared by the streetlight provider, shall be provided to the Department for the erection, construction, or installation of streetlight and/or pedestrian light fixtures or equipment upon which the illumination thereof falls upon public rights-of-way. 2. Contents. The plan shall: a. Include security lights of all kings and nature; b. Shall illustrate the illumination provided by pedestrian lights; and c. Drawings showing the exact location of proposed streetlights. 3. Lighting plans shall be submitted with the final plat and any additions. 4. No lighting shall be installed or operated without approval of the Department. 16.9.2 New Development Requirements A. All new development, including residential subdivisions, multi-family developments, commercial developments, mixed-use developments, industrial developments, and any development involving the construction of new public or private streets, shall install streetlights in accordance with this Section. The developer of shall install all streetlights and pedestrian lights with underground wiring. B. Each property owner shall be assessed a rate based on the total cost of annual lighting charge within the district divided by the number of properties within the district. Unit cost of lighting fixture charges shall be based on fees provided by electric utility companies of both overhead and underground installation. C. The rates or charges for lighting service shall constitute assessments on the property so served. Those assessments shall be added to tax bills at the end of each year and shall constitute a lien upon the property. Said lien shall have the same priority as tax assessments and an execution may be issued for the purpose of enforcing the lien, including foreclosure and/or judicial sale. 16.9.3 Existing Development Requirements A. Individuals owning real property in an existing residential area desiring to install streetlights and/or pedestrian lights may apply with the City to establish a streetlight and pedestrian light district. B. The application shall be supported by a petition signed by property owners representing more than 51% of the property owners in the district which is sought to be established. C. Upon receipt of a complete streetlight application, the director will contact the utility provider to request a layout, price, and contract, if necessary, for the streetlights. For pedestrian lights, the proposed layout prepared by an engineer licensed in the State of Georgia and the fixture specifications, the unit price, and the contract, if necessary, shall be provided as part of a complete streetlight and pedestrian light district application. D. Up to three (3) additional streetlights or pedestrian lights may be added to an existing streetlight district, as approved by the City. 16.10 Drinking Water Conservation Requirements 16.10.1 Purpose It is the purpose of this Section to require the use of ultra-low flow plumbing fixtures in all new construction, or when replacing plumbing fixtures during renovation or remodeling of existing buildings and to require the labeling of plumbing fixtures with information regarding flow rates for the purpose of conserving water to maintain the integrity of drinking water supplies and reduce wastewater flows. 16.10.2 Fixture Specifications and Installation Standards A. No plumbing fixture shall be installed which does not meet the standards listed in this UDC. This includes all plumbing fixtures installed in newly constructed buildings or when replacing plumbing fixtures during remodeling or renovation of existing buildings, except as noted in legally nonconforming cases: B. All plumbing fixtures installed as referred to above should not exceed the following maximum water use rates: 1. Toilets: One and six-tenths (1.6) gallons per flush; 2. Urinals: One (1) gallon per flush; 3. Showerheads: Two and one-half (2.5) gallons per minute; 4. Kitchen faucets: Two and one-half (2.5) gallons per minute; and 5. Bathroom and lavatory faucets: Two (2) gallons per minute. C. The flow-restriction device in a showerhead must be a permanent and an integral part of the showerhead and must not be removable to allow flow rates in excess of that as stated in this Section. D. Lavatory faucets located in restrooms intended for use by the general public shall be of the metering or self-closing type, in addition to the flow requirement as listed in this Section. 16.10.3 Product Labeling Specifications Effective July 1, 1991, all toilets, urinals, showerheads, or faucets shall be clearly labeled by the manufacturer to indicate the maximum flow rate or water usage of the fixture. The wateruse rate of the fixture shall be certified by the manufacturer based on independent test results and using 60 psi for showerheads. The label shall be affixed to the fixture and remain there until the proper building and/or plumbing inspections have been conducted. Also, the product packaging must be clearly marked to identify water use rates when offered for retail sale. 16.10.4 Exceptions A. The following fixture uses or applications shall be exempt from the standards: 1. Showers and faucets installed for safety purposes, such as emergency eye-wash stations, etc.; 2. Plumbing fixtures specifically designed for use by the physically handicapped; 3. Fixtures specifically designed to withstand unusual abuse or for installation in correctional institutions, which may require more water for proper operation; and 4. Instances of building renovation where significant plumbing modifications would be required to accommodate the lower flows or for specialized purposes which cannot be accommodated by existing technology. B. Permission for the exceptions listed here must be obtained from the Public Works Department. CHAPTER 17: STORMWATER MANAGEMENT 17.1 Purpose and Intent A. The purpose of this Chapter is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. B. Proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, the City of Stockbridge is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District's regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff. This Chapter seeks to meet that purpose through the following objectives: 1. Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources; 2. Require that new development and redevelopment maintain the predevelopment hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, stream bank erosion, non-point source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats; 3. Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality and to preserve and/or restore natural hydrologic conditions on development sites; 4. Establish design and application criteria for the construction and use of structural stormwater control facilities that meet the minimum postdevelopment stormwater management standards; 5. Encourage the use of nonstructural stormwater management and stormwater better site design practices, peak rate and/or runoff reduction, and the preservation of greenspace and other conservation areas, by establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; 6. Establish provisions for the long-term responsibility of operation, inspection, maintenance and repair of private structural stormwater control facilities and private commitments for nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety or the environment; 7. Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term compliance; and 8. Preserve the natural drainage and natural treatment systems and reduce the additional stormwater runoff and pollutants; 9. Protect public health and safety by reducing the risk of localized flooding and reducing the amount of runoff entering streets. 17.2 Applicability and General Standards A. This Section is applicable to all land development, including, but not limited to, site plan applications, development permits, subdivision applications, and grading applications, unless exempt pursuant to Section 17.2,C, Exemptions. B. New Development and Redevelopment Sites. These standards apply to any new development or redevelopment site that meets one or more of the following criteria: 1. New development that creates or adds five thousand (5,000) square feet or greater of new impervious surface area or that involves land disturbing activity of one (1) acre of land or greater including projects of less than one (1) acre if they are part of a larger common plan of development or sale; 2. Any redevelopment of a previously developed site that creates, adds, or replaces 5,000 square feet or greater of new impervious surface area, or that involves land disturbing activity of one (1) acre or more, including projects of less than one (1) acre if they are part of a larger common plan of development or sale. 3. Any new development or redevelopment, regardless of size, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules or that is defined by the Director to be a hotspot land use; and 4. Linear transportation projects that exceed the threshold in “1” and “2” above. C. Exemptions. The following activities are exempt from the requirements of this Chapter. 1. Land disturbing activity conducted by local, State, authority, or Federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs; 2. Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement; 3. Land disturbing activity conducted by local, State, authority, or Federal agencies, whose sole purpose is to implement stormwater management or environmental restoration; 4. Repairs to any stormwater management system deemed necessary by the Director; 5. Agricultural practices as described O.C.G.A. § 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the thresholds in Subsection 17.2, B, New Development and Redevelopment Sites.; 6. Silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the thresholds in Subsection 17.2, B, New Development and Redevelopment Sites; 7. Installations or modifications to existing structures solely to implement Americans with Disabilities Act (ADA) requirements, including, but not limited to, elevator shafts, handicapped access ramps and parking, and enlarged entrances or exits; and 8. Linear transportation projects being constructed by the City of Stockbridge, other local governments, or State agencies to the extent the Director determines that the stormwater management standards may be infeasible to apply, all or in part, for any portion of the linear transportation project. For this exemption to apply, an infeasibility report that is compliant with the City of Stockbridge's linear feasibility program shall first be submitted to the Director that contains adequate documentation to support the evaluation for the applicable portion(s) and any resulting infeasibility determination, if any, by the Director. D. Designation of Administrator. The Director is hereby appointed to administer and implement the provisions of this Chapter. E. Compatibility with Other Regulations. This Chapter is not intended to modify or repeal any other chapter, rule, regulation or other provision of law. The requirements of this Section are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other chapter, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 17.3 Stormwater Design Manual The City of Stockbridge will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda for the proper implementation of the requirements of this Chapter. 17.4 Permit Application 17.4.1 Permit Application Requirements A. No owner or developer shall perform any land development activities without first meeting the requirements of this Section prior to commencing the proposed activity. B. Unless specifically exempted by this Section, any owner or developer proposing a land development activity shall submit to the Department a permit application on a form provided by the City for that purpose. C. Unless otherwise exempted by this Section, a permit application is accompanied by the following items in order to be considered: 1. Stormwater management plan in accordance with Section 17.6, Stormwater Management Plan; 2. A preliminary determination of infeasibility, as applicable, prepared in accordance with the practicability policy; 3. Inspection and maintenance agreement in accordance with Section 17.6, Stormwater Management Plan, if applicable; and 4. Permit application and plan review fees in accordance with Section 17.4.3, Application Review Fees. D. The approved stormwater management plan shall obligate the responsible party to accomplish all land clearing, construction, development, and drainage in accordance with the Stormwater Management Plan. Any and all permits for development activities may be revoked at any time if the construction of stormwater management facilities is not conducted in substantial conformity with approved plans. E. The applicant or responsible party shall obtain all state and federal permits required for the proposed development activity in addition to the plans and permits required by the City. F. Upon completion of the project the applicant or responsible party shall submit the engineer-of-record's certification and as-built plan that includes the global positioning system coordinates of the stormwater management facilities. If the as-built plan differs substantially from the approved plan but is still acceptable to City, then the applicant or responsible party shall update the recorded inspection and maintenance agreement upon approval by the City. 17.4.2 Application Procedure A. Applications for development permits are filed with the Department. B. Permit applications shall include the items set forth in Section 17.4.1, Permit Application Requirements. Two copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included as part of the application submittal. C. The Department shall inform the applicant whether the application, stormwater management plan, and inspection and maintenance agreement are approved or disapproved. D. If the permit application, stormwater management plan, or inspection and maintenance agreement is disapproved, the Department shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same. All provisions of this Section shall apply to such resubmittal. E. Upon a finding by the Department that the permit application, stormwater management plan, and inspection and maintenance agreement, if applicable, meet the requirements of this Section, the Department may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met. F. Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person is subject to the following requirements: 1. The applicant shall comply with all applicable requirements of the approved plan and this Section and shall certify that all land clearing, construction, land development, and drainage will be done according to the approved plan; 2. The land development project is conducted only within the area specified in the approved plan; 3. The Department is allowed to conduct periodic inspections of the project; 4. No changes may be made to an approved plan without review and written approval by the Department; and 5. Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by Section 17.7, Performance Criteria. 17.4.3 Application Review Fees The fee for the review of any land development application shall be based on the fee structure established by the City of Stockbridge, and payment shall be made before the issuance of any land disturbance permit or building permit for the development. 17.5 Stormwater Concept Plan A. Discussion of post-development stormwater management. Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City of Stockbridge. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM 2.4.2.4) or the stormwater concept plan (GSMM 2.4.2.5). The purpose of the presubmittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-submittal meeting with the City of Stockbridge when applying for a determination of infeasibility through the practicability policy. B. Information to be submitted. To accomplish this goal, the following information is included in the concept plan that is submitted in advance of the meeting: 1. Existing Conditions/Proposed site plans. Existing conditions and proposed site layout sketch plans which illustrate, at a minimum, existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces; and Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements; 2. Natural Resources Inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. 3. Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; Location of the boundaries of the base flood floodplain, future-conditions floodplain, and the floodway (as applicable); relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. Local watershed plans and any relevant resource protection plans will be consulted in the discussion of the concept plan. 4. Calculate preliminary estimates of the unified stormwater sizing criteria requirements for stormwater runoff reduction/water quality, channel protection, overbank flooding protection and extreme flood protection (GSMM 2.2). 17.6 Stormwater Management Plan A. The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this Section, including the performance criteria set forth in Section 17.7, Performance Criteria. B. This plan is in accordance with the criteria established in this Section and must be submitted with the stamp and signature of a design professional licensed in the state of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the current Georgia Stormwater Management Manual edition and the City’s submittal requirements for commercial and single-family residential development. C. Responsibility. Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements are made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site the person to be permanently responsible for its inspection and maintenance. 17.6.1 Submittal Requirements The stormwater management plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the applicable design requirements and forms found in the Georgia Stormwater Management Manual and the City’s submittal requirement for commercial and single-family residential development. This includes but is not limited to: A. Common address and legal description of the site. Formatted: Font: Not Bold B. Vicinity map. Formatted: Font: Not Bold C. Stormwater Concept Plan. Formatted: Font: Not Bold D. Existing conditions and proposed site plans. Existing conditions and proposed site layout plans which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys; boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, building parking area and other impervious surfaces. E. Infiltration rates. Infiltration rates shall be determined by soil surveys, on-site soil analysis, or a percolation test. If the site has been previously developed or graded or contains urban soil types, a percolation test is required. F. Natural resources inventory. A written or graphic inventory of the natural resources in existence prior to the commencement of the project. This inventory shall address resources both on the site and in the surrounding area that are or may be impacted by the project. This inventory shall also include a description of the soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural features protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks, including but not limited to drinking water well setbacks and septic setbacks. Particular attention should be paid to environmentally sensitive features that present constraints for development. G. Existing conditions hydrologic analysis. The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities in accordance with the current Georgia Stormwater Management Manual, which shall include: a topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. For redevelopment sites, predevelopment conditions are modeled using guidelines established by the Director for the portion of the site undergoing land development activities. H. Post development hydrologic analysis. The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities shall be calculated in accordance with the Georgia Stormwater Management Manual and include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in with Section 17.7, Performance Criteria; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50 percent (50%)50% of the site area for the entire site, then the performance criteria in with Section 17.7, Performance Criteria must be met for the stormwater runoff from the entire site. For a subdivision of land or planned development, postdevelopment runoff volumes, rates, and velocities shall be calculated based on the builtout conditions of the entire parcel to be subdivided, regardless of future ownership of individual lots. Estimates of impervious surfaces shall be made based on maximum allowable lot coverage in accordance with this UDC when meeting the performance criteria. The developer of said subdivided parcel may provide runoff reduction and water quality measures for individual lots, which must be reflected accordingly on the final plat. I. Stormwater management system. The description, scaled drawings and design calculations for the proposed post-development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a narrative describing how the selected structural stormwater controls will be appropriate and effective; cross section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Section 17.7, Performance Criteria; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans or similar protection area plans. J. Post development downstream analysis. A downstream peak flow analysis is required, which includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises ten percent (10%) of the total drainage area in accordance with GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system. analysis must be in accordance with the stormwater design manual. K. Construction-phase erosion and sedimentation control plan. An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.) or NPDES permit for construction activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls. Prior to the approval of the stormwater management plan, the applicant or responsible party shall submit a proposed staged construction and inspection control schedule for approval; otherwise, the construction and inspection control schedule will be for the entire drainage system. No stage work related to the construction of stormwater management facilities or BMPs shall proceed until the next proceeding stage of work, according to the sequence specified in the approved stage construction and inspection control schedule, as inspected and approved. Runoff reduction and water quality measures shall be installed in the final phase of construction to prevent clogging. L. BMP landscaping plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include: the arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan; information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved. M. Operations and maintenance plan. Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include a narrative describing how the stormwater management system is designed to function, including capture, runoff control, water quality treatment, channel and flood protection, and ongoing operations and maintenance procedures for all stormwater management facilities and practices shown on the stormwater management site plan. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures are included in the plan. N. Maintenance access easements. The applicant must ensure access from right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access is sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist is recorded and shall remain in effect even with the transfer of title of the property. O. Inspection and maintenance agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice. 1. The inspection and maintenance agreement shall identify by name or official title the person responsible for carrying out the inspection and maintenance (see also Section, 17.9.3, Responsibility). 2. The owner shall update the point of contact from time to time as needed and upon request by the City of Stockbridge. Upon any sale or transfer of the site, the new owner shall notify the City of Stockbridge in writing within thirty (30)30 days of the name or official title of new person(s) serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following thirty (30)30 days' notice, constitute a failure to maintain the stormwater management facility or practice. P. Evidence of acquisition of applicable local and non-local permits. The applicant shall certify and provide documentation to the Department that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan. Q. Determination of infeasibility (if applicable). 17.6.2 Modifications for Off-Site Facilities A. The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures are implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility. B. A stormwater management plan shall be submitted to the Department that shows the adequacy of the off-site or regional facility. C. To be eligible for a modification, the applicant shall demonstrate to the satisfaction of the Director that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas: 1. Increased threat of flood damage to public health, life, and property; 2. Deterioration of existing culverts, bridges, dams, and other structures; 3. Accelerated stream bank or streambed erosion or siltation; 4. Degradation of in-stream biological functions or habitat; or 5. Water quality impairment in violation of the state water quality standards, and/or violation of any state or federal regulations. 17.7 Performance Criteria A. For new developments, the following performance criteria shall be applied to the area of the site impacted by the proposed work. For redevelopment, the following performance criteria shall be applied to the area of the site impacted by the proposed work, provided that the impacted area does not exceed 35 percent (35%)35% of the previously developed area. If the impacted area exceeds 35 percent (35%)35% of the previously developed area, the following performance criteria shall be applied to the entire development, including previously developed area: 1. Green Infrastructure/Low Impact Development. To promote the use of Green Infrastructure, hereafter indicated as “GI”, or Low Impact Development, hereafter indicated as “LID”, techniques, where feasible, the City will allow the use of all GI/LID structures, better site planning techniques, and better site design techniques that are included in the GSMM. Table 17.7.A.1, Summary of Potential GI/LID Structures provides a summary of structures categorized as GI/LID. a. The use of GI/LIDs for achieving Runoff Reduction may be waived for sites with infiltration rates less than or equal to 0.5 inches/hour. Infiltration rates must be certified by a professional engineer or professional geologist. Testing should be conducted per the GSMM. Table 17.7.A.1 – Summary of Potential GI/LID Structures BMP Type Description Appropriate Commented [DS79]: Will be discussed further in the PMT, but the GSMM addressed GI/LID practices so I addressed them here. Formatted: Underline Commented [DS80]: Added this into the code. Confirm with city engineer. Formatted: Font color: Background 1 Benefits Formatted: Font: Bold, Underline Formatted Table Setting Formatted: Font: Bold, Font color: Background 1 Bioretention Basins Shallow stormwater basins Upland or landscaped areas that utilize engineered soils and vegetation to capture and treat stormwater runoff. Supports ground water recharge, pollutant, and runoff detention Rain Gardens Smaller bioretention areas Upland designed to treat runoff from small areas Supports groundwater recharge, treats multiple pollutants, and provides shade, windbreaks, and absorb noise. Enhanced Dry Swale Vegetated open channels Upland that are designed and constructed to capture and treat stormwater runoff within dry or wet cells formed by check dams or other structures. Types include a dry conveyance swale and a dry treatment swale. Provides partial infiltration of runoff in pervious soils, reduces thermal effects of impervious surfaces, and provides a habitat for wildlife species. Enhanced Wet Swale Vegetated open channels Upland that are designed and constructed to capture and treat stormwater runoff within dry or wet cells formed by check dams or other structures. Wet swales are a cross between a wetland a swale. Grass Channel Vegetated open channels Sitewide that provide biofiltering of stormwater runoff as it flows across the grass surface. Reduces flooding, encourages settling on the channel floor, and promotes infiltration. Vegetated Filter Strip Land areas with indigenous Upland Supports groundwater recharge, allows for flexibility in design and layout, and adaptable to a variety of site conditions. Infiltration Practices A shallow excavation, Upland typically filled with stone or engineered soil mix, which is designed to temporarily hold stormwater runoff until it infiltrates into the surrounding soils. Supports groundwater recharge, helps restore pre-development hydrology, and appropriate for small sites with porous sites. Permeable Pavers A pavement surface Upland composed of structural units with void areas that are filled with pervious materials such as gravel, sand, or grass turf. Provides water quality treatment and compatible with retrofitting existing developed areas. Downspout Disconnection Diverts water from flowing Parcel specific over an impervious area to a pervious area Restores pre-development hydrology on development sites, supports groundwater recharge, and increase water quality. Rainwater Harvesting Intercepts, diverts, and Upland/ stores stormwater runoff Sitewide for later use Supports restoring predevelopment hydrology and reduces postconstruction runoff rates, volumes, and pollutant loads. Green Roofs Alternative to traditional Upland/ impervious roof surfaces Sitewide Well-suited for use on urban development and redevelopment sites, supports wildlife habitat, and reduces urban heat island effect. Site Reforestation/ Planting trees and other Parcel specific native vegetation in disturbed pervious areas to restore them to their predevelopment conditions Reduces the amount of runoff, improves the infiltration capacity of soils, and provides a habitat for plant and animal species. Revegetation Formatted: Font: Not Bold 1. Water Quality/Runoff Reduction. All stormwater runoff generated from a site shall provide runoff reduction of the first 1.2 inches of rainfall or shall be adequately treated for water quality before discharge. 2. It will be presumed that a stormwater management system complies with this requirement if it satisfies the stormwater reduction criteria in this Section. However if any of the stormwater runoff volume generated by the first 1.2 inches of rainfall cannot be reduced or retained on site due to constraints such as a high water table, rock, low infiltration rates or the presence of a hotspot, the remaining volume shall be increased by a multiplier of 1.2 and shall be intercepted and treated in one or more stormwater management practices that provide at least an 80 percent (80%) reduction in total suspended solids loads in accordance with the following criteria: a. It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual; b. Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual or constitutes an alternative practice responsibly designed and documented by the design professional to reproduce the intent of the Georgia Stormwater Management Manual; and c. Runoff from hotspot land uses and activities identified by the Department are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices, and pollution prevention practices. 2.3. Stream Channel Protection. Protection of stream channels from bank and bed erosion and degradation is provided by using all of the following three (3) approaches: a. Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer; b. 24-hour extended detention storage of the one-year, 24-hour return frequency storm event; and c. Erosion prevention measures such as energy dissipation and velocity control. d. Exemptions. 3.4. i. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, stream channel protection is not required. ii. Only approach “b” may be waived for sites that discharge directly through piped stormwater drainage systems into larger streams, rivers, wetlands, lakes, estuaries, tidal waters, or other situations where the reduction in smaller flows will not have an impact on stream bank or channel integrity. Overbank Flooding Protection. a. Downstream overbank flood and property protection is provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. If control of the one-year, 24-hour storm under subsection (a) of this section is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided. For redevelopment projects overbank flood and property protection shall be provided by reducing the peak discharge rate up to the 25-year, 24-hour storm event in accordance with the following formula: i. %PIC/2 = %PDRR 1. PIC = Pre-development Impervious Cover 2. PDRR = Peak Discharge Rate Reduction b. For sites where previous demolition has removed impervious surfaces, pre-development peak discharge rate calculations and percentage of impervious coverage shall be calculated based on pre-demolition conditions. For sites that have been demolished and have remained fallow and stabilized with vegetation for a minimum of five (5) years, they shall be considered as having pre-development conditions of 20 percent impervious cover for purposes of calculating peak discharge rate reduction. c. For land development permitted after 2005 and served by appropriate stormwater management facilities, subsequent redevelopment of the same area is not required to further reduce the peak discharge rate, provided that the site continues to meet the reduction previously achieved. d. Exemption. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, overbank flooding protection is not required. 4.5. Extreme Flooding Protection. a. Extreme flood and public safety protection is provided by controlling and safely conveying the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated. b. Exemption. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, extreme flooding protection is not required. 5.6. Structural Stormwater Controls. All structural stormwater management facilities are selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual. All structural stormwater controls must be designed appropriately to meet their intended function. For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the Department before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the City may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased non-point source pollution loads created on the site in question. Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control. 6.7. Stormwater Credits for Nonstructural Measures. The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Section 17.7.AA.21, Water Quality/Runoff Reduction. The applicant may, if approved by the Department, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements that identifies the conditions or circumstances under which the credit may be applied. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual. 7.8. Drainage System Guidelines. Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, ditches, and energy dissipaters, are provided when necessary for the protection of rightof-way and private properties adjoining project sites and/or rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, shall meet the following requirements: a. Methods to calculate stormwater flows are in accordance with the stormwater design manual; b. All culverts, pipe systems and open channel flow systems are sized in accordance with the stormwater management plan using the methods included in the Georgia Stormwater Management Manual; and; c. Design and construction of stormwater conveyance facilities are in accordance with the criteria and specifications found in the Georgia Stormwater Management Manual. 8.9. Dam Design Guidelines. Any land disturbing activity that involves a site that proposes a dam shall comply with the Georgia Safe Dams Act of 1978 (O.C.G.A. § 12-5-370 et seq.) and rules for dam safety, as applicable. B. As-Built. All applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a professional engineer. A final inspection by the Department is required before the release of any performance securities can occur. C. Long-Term Maintenance Inspection of Stormwater Facilities and Practices. 1. The absence of an inspection and maintenance agreement shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater management facility. If the owner or responsible party fails or refuses to meet the requirements of this Section, the City may correct the violation at the owner's expense. 2. For facilities constructed prior to the effective date of this Section the owner or responsible party shall perform proper maintenance of the stormwater maintenance facility as required by the indemnification agreement. If the owner or responsible party fails or refuses to meet the requirements of this Section, the City may correct the violation at the owner's expense. 3. Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this Section. 4. A stormwater management facility or practice is inspected on a periodic basis by the person responsible in accordance with the approved inspection and maintenance agreement or in the absence of an inspection and maintenance agreement, in accordance with the requirements of this Section. If the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Department shall notify the person responsible for carrying out the maintenance plan who is specified in the inspection and maintenance agreement by registered or certified mail. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures are completed. Failure of the City to provide such notice shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater maintenance facility. If the person responsible fails or refuses to meet the requirements of the inspection and maintenance agreement, the Department may correct the violation as provided in this Section. 5. An annual inspection shall be performed and attested to by a professional engineer with results reported to the City. Any deficiencies noted in either operation or maintenance of the facility must be included in the report along with the proposed remedies required and a timetable for their implementation. If substantial deficiencies are found, a follow-up inspection to confirm correction of said deficiencies shall be performed and reported to the City. D. Records of Maintenance Activities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Department. 17.8 Stormwater Management Design Requirements A. Stormwater management requirements may be satisfied through individual on-site stormwater management facilities, including wet ponds, dry detention ponds, or other BMPs designed in accordance with the GSMM, subject to approval by the City Engineer. Where a regional stormwater facility has been designated in an approved watershed or master stormwater plan, the Director may require participation in such facility in lieu of or in addition to on-site controls. B. Stormwater Management Screening. Evergreen vegetative screening shall be provided with a minimum height of three (3) at the time of planting around the pond. B.C. Stormwater Management Fencing. When a detention structure is over four (4) feet deep or in a location that constitutes a danger to human habitation, it shall be protected by a permanent fence or barrier and warning signs. 1. Fences shall be five (5) foot high chain link or other approved material with a ten (10) foot wide gate. 2. Fences shall be located on the outside edge of the ten (10) foot perimeter easement. 3. No fences may be built that would inhibit proper function of the drainage system. C.D. Drainage Easements. Drainage easements suitable for the construction and maintenance of the drainage system shall be provided, in compliance with the following provisions: 1. All subdivision lots shall have a ten (10) foot drainage easement along all side lot lines. 2. All stormwater management facilities shall be accessible from a street by a minimum 20-foot graveled easement, which easement shall also be available to the City. 3. All detention facilities shall have a ten (10) foot access easement around the outside perimeter of the facility. 4. No fences or planting of shrubbery shall be allowed on the access easement(s). 5. The easements shall be shown on the final plat. 17.9 Stormwater Management Utility 17.9.1 General A. Given the needs, goals, program priorities and funding opportunities identified in the professional engineering and financing analysis, it is appropriate to authorize the formation of an organizational and accounting entity dedicated specifically to the management, maintenance, protection, control, regulation, use and enhancement of stormwater systems in the City in concert with other water resource management programs. B. Stormwater management is applicable and needed throughout the corporate limits of Stockbridge. C. The stormwater needs in the City include, but are not limited to, protecting the public health, safety and welfare. Provision of stormwater management programs and facilities renders and/or results in both service and benefit to all properties, property owners, citizens and residents of Stockbridge in a variety of ways as identified in the professional engineering and financial analysis. D. The City presently owns and operates stormwater management systems and facilities which have been developed over many years. The future usefulness of the existing stormwater systems owned and operated by the City, and of additions and improvements thereto, rests on the ability of the City to effectively manage, protect, control, regulate, use and enhance stormwater systems and facilities in Stockbridge in concert with the management of other water resources in the City. In order to do so, the City must have adequate and stable funding for its stormwater management program operating and capital investment needs. 17.9.2 Establishment of a Utility and Enterprise Fund A. There is hereby established a stormwater management utility within the Stockbridge utility department which shall be responsible for stormwater management throughout the City's corporate limits, and shall provide for the management, protection, control, regulation, use and enhancement of stormwater systems and facilities. Such utility shall be under the direction of a Stormwater Utility Directo. B. The City Manager and City Clerk shall establish a stormwater enterprise fund in the City budget and accounting system, separate and apart from its general fund, for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the utility, including, but not limited to, rentals, rates, charges, fees and licenses as may be established by the City council. All revenues and receipts of the stormwater utility shall be deposited promptly upon receipt into the stormwater enterprise fund, to be held and invested in trust for the purposes dedicated, and expended exclusively for purposes of the utility, including capital project construction. No other funds of the City shall be deposited in the stormwater enterprise fund or commingled with dedicated stormwater revenues, except that other revenues, receipts and resources not accounted for in the stormwater enterprise fund, including, but not limited to, grants, transfers of City funds, loans and bond proceeds may be combined with and applied to stormwater management capital projects as deemed appropriate by the City Council, upon recommendation of the City manager. C. The City Council hereby transfers to the Stormwater Utility Director operational control over the existing stormwater management systems and facilities owned and heretofore operated by the City and other related assets, including, but not limited to, properties upon which such facilities are located, easements, rights-of-entry and access and certain equipment. 17.9.3 Responsibility A. The stormwater management utility shall be responsible for stormwater management throughout the corporate limits of the City. The utility shall provide for the conservation, management, protection, control, use and enhancement of stormwater through planning, acquisition, construction, installation, management, operation, maintenance, regulation, extension and improvement of the public stormwater systems to collect, control, convey, store, detain, retain, recharge and treat stormwater and through regulation of stormwater management systems on private property. It shall be the long-term objective of the City to provide a comparable and consistent level of stormwater service to similarly situated properties throughout the service area. B. The system consists of all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural or man made, within the political boundaries of the City of Stockbridge which control and/or convey stormwater through which the City intentionally diverts surface waters from its public streets and properties. The City owns or has legal access for purposes of operation, maintenance and improvements to those segments of this system which: 1. Are located within public streets, rights-of-way and easements; 2. Are subject to easements, rights-of-entry, rights-of-access, rights-of-use or other permanent provisions for adequate access for operation, maintenance and/or improvement of systems and facilities; or 3. Are located on public lands to which the City has adequate access for operation, maintenance and/or improvement of systems and facilities. C. Operation and maintenance of stormwater systems and facilities which are located on private property or public property not owned by the City and for which there has been no public dedication of such systems and facilities for operation, maintenance and/or improvement of the systems and facilities shall be and remain the legal responsibility of the property owner, or its occupant, or the homeowner's association in the case of a development, except as that responsibility may be otherwise affected by the laws of the State of Georgia and/or the United States of America. Where no dedication has been made and a private individual, entity or homeowner's association becomes responsible for the maintenance of a facility or pond following the expiration of the developer's four-year maintenance bond, an easement in favor of the City shall be required. If, at any time, a responsible party fails to maintain a stormwater facility or pond in the manner contemplated by the City, then the City will act to maintain the facility or pond. The private party shall remain responsible for all costs incurred for that maintenance provided by the City. D. It is the intent of the ordinance codified in this chapter to protect the public health, safety and general welfare of all properties and persons in general, but not to create any special duty or relationship with any individual person or to any specified property within or without the boundaries of the City of Stockbridge. The City expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the City, its officers, employees and agents arising out of any alleged failure or breach of duty or relationship as may now exist or hereafter be created. To the extent any permit, plan approval, inspection or similar act is required by the City as a condition precedent to any activity by or upon property not owned by the City, pursuant to the ordinance codified in this chapter or any other regulatory ordinance, regulation or rule of the City or under Federal or State law, the issuance of such permit, plan approval or inspection shall not be deemed to constitute a warranty, express or implied, nor shall afford the basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking the imposition of money damages against the City, its officers, employees or agents. 17.9.4 General Funding Policy A. It shall be the policy of the City that funding for the stormwater utility is equitably derived through methods that have demonstrable relationships to the varied demands and costs imposed on the stormwater systems and programs and/or the level of service provided as a result of the provision of stormwater services and facilities. B. Service charges for stormwater management shall be fair and reasonable and shall bear a substantial relationship to the cost of providing services and facilities. The cost of stormwater services and facilities may include administrative, operating, capital investment, debt service, engineering and planning and reserve expenses, and may also include related regulatory expenses associated with watershed management requirements. Properties shall be charged rentals, rates, charges, fees or licenses in proportion to their related cost of service impact. C. Service charge rates shall be designed to be consistent and coordinated with the use of other funding methods employed for stormwater management by the City, whether within or outside the stormwater utility, including, but not limited to, plan review and inspection fees, special fees for services, fees in lieu of regulatory requirements, impact fees, system development charges and special assessments. 17.9.5 Stormwater Management Utility Service Charges A. There are hereby established stormwater management utility service charges that shall be billed to all properties in the Stockbridge service area, except as specific exemptions or credits may allow for in the ordinance codified in this chapter or shall allow in future ordinances or amendments to this chapter. The stormwater management utility service charges may, but are not required to, include a service rate charge applied to each property. The service rate charge, if applied, shall be related generally to the amount and quality of runoff discharged to the public stormwater systems and stormwater receiving waters and to the costs of services associated with stormwater management. The service charge may also include a base rate charge for certain costs of service common to all stormwater management accounts, and/or special service charges to persons, entities or properties that require services and/or facilities not commonly needed by all persons, entities or properties. B. The service rate charge, if applied, shall be reflective of the cost of providing services and facilities to properly control stormwater runoff quantity and quality. The three (3) most important factors in the City's present cost of providing stormwater management services and facilities to individual properties are: 1. The size of each property; 2. The amount of impervious area on each property; and 3. The number of parcels in the service area. C. A base rate charge, if applied, shall be structured to recover those stormwater management costs of service that are not related to the size of individual properties or the amount of impervious area on individual properties, and may include, but are not limited to, the cost of billing and accounting for service charges to each account and other administrative and overhead expenses. D. Special service charges, if applied, shall be structured to recover the cost of providing to certain persons, entities and properties types or levels of stormwater management services that are not commonly required by all stormwater service charge ratepayers. Such services may include, but are not limited to, private development plan review and inspection, site inspections to verify the operational condition of on-site stormwater management systems, such as private detention/retention and conveyance facilities, monitoring and mitigative activities related to conditions on individual properties that impact water quality and actions to abate conditions on private properties that do not comply with adopted City standards and/or that interfere with proper stormwater management and have been determined to constitute a public nuisance. E. The professional engineering and management analysis conducted for the City determined that properties within the City service area classified as single-family residential property can be equitably and fairly charged based on a two-tier grouping according to the number of ERUs and parcel area. This method greatly simplified the computation of charges and reduces significantly the costs associated with individually unique parcel measurements. 1. Tier 1. Include all parcels up to ten thousand (10,000)10,000 square feet in size and are assessed one (1) ERU; 2. Tier 2. Include all parcels greater than ten thousand (10,000)10,000 square feet in size and are assessed two (2) ERUs. F. The Mayor and City Council hereby adopt these values as representative of the conditions of single-family residential property in Stockbridge. These values shall serve as the basis on which service rate charges will be calculated. G. Each single-family residential property shall be billed a stormwater service rate charge for the number of ERUs and the whole number of acres of parcel area. H. Tier 1 and Tier 2 parcels are assigned an acreage charge based on the actual acreage to the next whole integer. I. Properties classified as nonresidential shall be billed on the basis of the number of ERUs and acres calculated to exist. Each acre or fraction thereof and ERU or fraction thereof shall be charged a service rate charge at the rate per ERU of impervious area and each acre unit as defined below. J. The method of calculating the service rate charge for all properties shall be as follows: Parcel Fee = (IR) x (ERUs) + (AR) x (AU) + (AF) IR is the impervious area rate as established by this chapter or by amendment to this chapter. It is applied to the number of ERUs rounded to the next whole number. An ERU is defined as two thousand (2,000) square feet of impervious area. AR is the gross area rate as established by this chapter or by amendment to this chapter. It is applied to the number of acre units (AUs) in the parcel rounded to the next whole acre. AF is the administrative cost factor established by this chapter or by amendment to this chapter. The AF is applied as a fixed uniform flat charge to each parcel. K. The annual IR per ERU for the service rate charge applicable to each property shall be fifteen dollars and seventy cents ($15.70) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance. L. The annual AR per AU for the service rate charge applicable to each property shall be zero dollars ($0.00) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance. M. The annual base rate charge AF per each billed account shall be three dollars and sixtysix cents ($3.66) unless changed hereafter by ordinance. 17.9.6 Exemptions and Credits Except as provided in this section, no public or private property shall be exempt from stormwater utility service charges or receive a credit or offset against such service charges. No exception, credit, offset or other reduction in stormwater service charges shall be granted based on the age, tax or economic status, race or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities. A stormwater utility service charge credit technical manual will be prepared by the City's consulting engineers specifying the design and performance standards of on-site systems, facilities, activities and services which quality application of a service charge credit, and how such credits shall be calculated. This manual will be separately approved by the City Council and, by reference, incorporated herein. A. Undeveloped land as defined in this chapter shall be exempt from stormwater service charges. B. Developed land other than individual detached dwelling units, including, but not limited to, multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, public streets, roads, alleys and byways, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs and water and wastewater treatment plants may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater utility service charge credit technical manual. The stormwater service charge credit may be up 100 percent (100%) of the service charge applicable to a property, and shall be proportional to the extent that on-site systems, facilities, services and activities provided, operated and maintained by the property owner reduce or mitigate the stormwater utility's cost of providing services and facilities. C. Groups of detached dwelling units represented by an incorporated homeowner's association providing on-site systems, facilities, services or activities which reduce or mitigate the stormwater utility's cost of providing services and facilities may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater utility service charge credit technical manual. The stormwater service charge credit available to groups of detached dwelling units may be up to 100% of the service charge applicable to the individual properties, and shall be proportional to the extent that on site systems, facilities, services and activities provided, operated and maintained by the homeowners association reduce or mitigate the stormwater utility's cost of providing services and facilities. D. Any credit allowed against the service charge is conditioned on continuing compliance with the City's design and performance standards as stated in the stormwater utility service charge credit technical manual and/or upon continuing the provision of the systems, facilities, services and activities provided, operated and maintained by the property owner or owners upon which the credit is based. A credit may be revoked by the City at any time for noncompliance. E. In addition to the foregoing credits based upon the design and performance of on-site systems, an educational credit shall be available to all public and private schools or school systems which agree to teach the WATER WISE program, an environmental science curriculum approved by the Georgia Department of Education, in grades one (1) through twelve (12). The educational credit may be up to 50% of the service charge applicable to a school property, and shall be proportional to the extent the approved curriculum is taught. Educational credits may be taken in conjunction with any other credit available under this section. The superintendent of schools shall certify annually to the Stormwater Utility Director, before August 1, the extent to which the curriculum was taught. 17.9.7 Billing, Delinquencies, Collections A. Stormwater management utility service charges shall be billed and collected in the manner and at the interval deemed most efficient by the City and shall be payable in accordance with the rules and regulations of the City finance department as applied generally to all bills. A stormwater service charge bill may be sent through the United States mail or by an alternate means notifying the customer of the amount of the bill, the date the payment is due and the past due date. Failure to receive a bill is not justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each parcel of developed land, as shown from public land records of Henry County, shall be ultimately obligated to pay such fee. If a customer is under billed or if no bill is sent, the City may back bill for a period of up to one (1) year, but shall not assess penalties for any delinquency. A one and one-half percent (1.5%) per month late charge shall be billed based on the unpaid balance of any stormwater management utility service charge that becomes delinquent. B. The stormwater service charge may be billed on a common statement and collected with other utility services through separate bills or any other method by which the City could bill property owners. C. Any stormwater management utility service charge or portion of a service charge not paid when due may be recovered in an action at law or equity by the City. D. In addition to any other remedies or penalties provided by the ordinance codified in this chapter or any other ordinance of the City, failure to pay any utility service charge when billed in conjunction with another utility bill may result in a discontinuance of any or all other utility services provided by the City or by other with whom contractual agreements provide for discontinuance of service for nonpayment. The owner of each property, building, premises, lot or house shall be obligated to pay such fee, which shall be enforceable by the City by action at law or equity. E. No lien shall be imposed for delinquent collections unless a judgment is first obtained from a court of competent jurisdiction. F. Suits for collection shall be commenced by the City in the county of the owner's residence; provided, however, if the owner is not a resident of this State, suit may be filed in the Superior or State Court of Henry County, Georgia. If a suit is instituted by the City for collection, the owner shall pay court costs, litigation expenses and reasonable attorney's fees incurred by the City. G. If suit is instituted for the collection of any fees due hereunder or for the enforcement of the provisions of this Chapter, the owner shall pay the court costs, litigation expenses and reasonable attorney's fees associated therewith. 17.9.8 Appeals Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner: A. An appeal must be filed in writing with the City Stormwater Utility Director within 30 days of the action causing the appeal. In the case of service charge appeals, the appeal shall include a survey prepared by a registered land surveyor or professional engineer containing information on the total property area, the impervious surface area and any other features or conditions which influence the hydrologic response of the property to rainfall events. B. Based on the information provided, a technical review shall be conducted by the Stormwater Utility Director and a written determination will be issued within thirty (30) days of receipt of the appeal stating whether an adjustment to the service charge is appropriate and, if so, the amount of such adjustment. The written decision will be served on the appellant personally or by registered or certified mail, sent to the billing address of the appellant, or by email, sent to the email address of the appellant provided in the appeal. C. In response to an appeal, the Stormwater Utility Director may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this Chapter. D. A decision by the Stormwater Utility Director which is adverse to an appellant may be further appealed to the City Manager within thirty (30) days of receipt of notice of the adverse decision. Notice of the appeal shall state the grounds for the appeal. The City Manager shall issue a written decision on the appeal within thirty (30) days of receipt of the appeal. E. If the person or entity seeking adjustment or relief from the service charge desires, the decision of the City Manager may be appealed in writing to the Mayor and City Council, in accordance with Section 11.34, Appeals of Administrative Decisions. Such appeals must be made within thirty (30)30 days of the decision of the City Manager and include a written basis for the appeal. F. This appeal process shall not interfere with the rights of the person or entity to seek judicial relief in a court of competent jurisdiction but shall be exhausted before judicial relief is pursued. Any appeal to the Superior Court of Henry County must be filed within 30 days of the decision of the Mayor and City Council. G. Notices of the appeal and decisions shall be served personally or delivered by registered or certified mail to the address of record or delivered by or by email to the email address of the appellant provided in the appeal. 17.9.10 Effective Date of Stormwater Charges Stormwater service charges shall accrue beginning January 1, 2022, and shall be billed periodically thereafter to customers, except as specific exemptions and credits may apply. CHAPTER 18: GUARANTEES AND SURETIES 18.1 Generally 18.1.1 Surety Required Before plat recordation, land development permit, building permit, or other project close-out, the Director shall certify that the developer/subdivider/applicant has obtained the necessary bonds, other sureties, and/ or agreements that ensure completion of all required public and private improvements on the subject property. 18.1.2 Sureties Accepted Three types of guarantees and sureties shall be provided for as a part of the Final Plat approval and/or development permitting processes in accordance with the provisions herein: A. Performance guarantees. B. Maintenance guarantees. C. Maintenance agreements/inspections. 18.2 Performance Guarantees 18.2.1 Purpose Performance guarantees shall be allowed for required site improvements (public or private) not yet completed at the time a Final Plat or project closeout is desired. Instead of requiring the completion, installation, and dedication of any and all improvements prior to approval of a Final Plat or certificate of occupancy or certificate of completion, the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to complete all required improvements prior to the release of the performance guarantee. 18.2.2 Performance Guarantee Amounts The performance guarantee shall be payable to the City of Stockbridge and shall be in an amount equal to 1.5 times the entire cost, as estimated by the developer or subdivider and verified by the City, of installing all outstanding required improvements. 18.2.3 Duration The duration of the performance guarantee shall be no longer than twelve (12 12) months for all required improvements, except for roadway improvements, which shall have a duration of four (4) years. The duration for roadway guarantees may be extended beyond four (4) years at the discretion of the City. In all cases, guarantees may be released earlier if the associated improvements are accepted by the City prior to the expiration of the applicable duration. 18.2.4 Financial Security Renewals A. For roadway improvements, the initial financial security shall remain in effect for a period of one (1) year and may be renewed for up to three (3) additional one-year terms, not to exceed a total duration of four (4) years subject to conditions as specified by the City. The developer shall be responsible for maintaining continuous and adequate financial security throughout the duration of the project. B. If, due to unforeseen circumstances, the City determines that an extension beyond four (4) years is warranted, such extension may be granted at the discretion of City. Prior to granting an extension beyond the four-year limit, the developer shall submit a current cost estimate for all remaining work to the City. The City shall review the submitted cost estimate and the remaining scope of work to verify that the existing financial security is sufficient to cover the cost of completing the improvements. If the City determines that the financial security is not adequate, the developer shall be required to provide an additional amount of financial security in a form acceptable to the City to ensure the full completion of the remaining improvements. 18.2.4 Forfeiture Performance guarantee funds shall be forfeited if the required improvements are not completed and accepted by the City within twelve (12)12 months, or in the case of roadway improvements, at the time of financial security renewal if the developer fails to renew the financial security prior to the completion and acceptance of the improvements. 18.3 Maintenance Guarantees 18.3.1 Purpose Maintenance guarantees shall be allowed for all improvements to be publicly dedicated and/or maintained (e.g.: streets, sidewalks, landscaping) to guarantee the quality and ongoing performance of the installations. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and living condition all applicable improvements prior to the release of the maintenance guarantee. 18.3.2 Maintenance Guarantees Amounts The maintenance guarantee shall be payable to the City of Stockbridge and shall be in an amount equal to 60 percent of the construction value for all public improvements, as estimated by the developer or subdivider and verified by the City. 18.3.3 Duration The duration of the surety shall be for a period of 24 months following the date of approval of a Final Plat or final certificate of occupancy or certificate of completion. 18.3.4 Forfeiture Maintenance Guarantees shall be forfeited if the improvement fails to be kept in good repair and condition prior to the release of the maintenance guarantee. 18.4 Maintenance Guarantees (Stormwater) 18.4.1 Purpose Stormwater maintenance guarantees shall be provided for the ongoing maintenance of stormwater management facilities and features. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and working order all applicable improvements prior to the release of the maintenance guarantee. 18.4.2 Maintenance Guarantee for Stormwater Facilities Amount The stormwater maintenance guarantee shall be payable to the City and shall be in an amount equal to $5.00 per cubic foot of storage provided by the stormwater management facility, as estimated by the developer or subdivider, and verified by the City. The guarantee shall be accompanied by the appropriate agreements outlined in Section 18.5, Maintenance Agreements/Inspections (Stormwater). 18.4.3 Duration The duration of the surety shall be for a period of 24 months following the date of the approval of a final plat or final certificate of occupancy or certificate of completion. 18.5 Maintenance Agreements/Inspections (Stormwater) 18.5.1 Required for Private Stormwater Facilities Prior to the issuance of any project close-out, final plat, or certificate of completion/occupancy requiring a stormwater management facility or practice hereunder and for which the City requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site. 18.5.2 Agreement, Generally A. Recordation Required. The inspection and maintenance agreement, if applicable, must be approved by the City prior to approval, and recorded in the deed records of the office of the Clerk of the Superior Court of Henry County, Georgia. B. Inspector Required. The inspection and maintenance agreement shall identify, by name or official title, the person(s) responsible for carrying out the inspection and maintenance. C. Owner Responsibility 1. Responsibility for the operation and maintenance of a stormwater management facility shall remain with the property owner and shall pass to any successor owner, unless an agreement with the City is made whereby the City takes ownership of the facility. 2. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance. D. Schedule Required 1. As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice, including their associated landscaping measures. 2. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof. E. City Enforcement. In addition to enforcing the terms of the inspection and maintenance agreement, the City may also enforce all of the provisions for ongoing inspection and maintenance. 18.6 Authorized Guarantee Types 18.6.1 Mixture of Guarantees is Allowed The developer or subdivider shall provide either one, or a combination, of the following guarantees in the amounts and durations specified in this Section 18.6, Authorized Guarantee Types. Any expenses associated with the cost verification by the City shall be paid entirely by the applicant. 18.6.2 Bond Bonds shall be secured from a surety bonding company authorized to do business in the state. The bond shall be payable to the City. 18.6.3 Cash or equivalent security The developer or subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the City or in escrow with a financial institution designated as an official depository of the City. 18.6.4 Escrow Cash or other instrument is deposited in escrow with a financial institution as provided above, then the applicant shall file with the City of Stockbridge an agreement between the financial institution and the applicant guaranteeing the following: A. That said escrow amount will be held in trust until released by the Director and may not be used or pledged by the applicant in any other transaction during the term of the escrow; and B. That in case of a failure on the part of the developer or subdivider to complete said improvements/maintenance, the financial institution shall, upon notification of the City to the financial institution of an estimate of the amount needed to complete the improvements, immediately pay to the City the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the City any other instruments fully endorsed or otherwise made payable in full to the City. 18.7 Default and Forfeiture 18.7.1 Failure to Complete Improvements Upon default, meaning failure on the part of the applicant to complete the required improvements in the time allowed by this UDC, or as spelled out in the performance or maintenance bond or escrow agreement, then the surety, or financial institution holding the escrow account, shall, if requested by the City, pay all or any portion of the bond or escrow fund to the City up to the amount needed to complete the improvements or maintenance based on an estimate by the City. 18.7.2 Notification of Default A. Notification may take place following abandonment of the project for more than 90 continuous days. Upon payment, the City, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The City shall return to the applicant any funds not spent in completing the improvements. B. The City will provide written notice to the applicant or responsible party of bond default 30 days prior to the abandonment of the project. C. The written notice of notification shall at least contain the following information: a. The name and address of the applicant or responsible party; b. The name and address of the surety company, if applicable; c. The address or other description of the site; d. A description of the outstanding improvements that are required to be completed; and e. The deadline or completion date of any required improvements Formatted: Font: (Default) Calibri, Ligatures: None D. If the applicant has not completed the required improvements by the required deadline or completion date, the bond shall be defaulted. E. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 110, Variances and Appeals. 18.8 Release of Surety 18.8.1 Inspection and Acceptance Required The City may release a portion of any security posted as the improvements are completed or the maintenance period completed and approved by the Director. When the Director approves said improvements, the Director shall inspect the premises, and if work is found to be completed and satisfactory in accordance with ordinance regulations and approved plans, the Director shall release the portion of the security posted which covers the approved cost of the improvements and maintenance of satisfactorily completed work that was subject to the security. It shall be the responsibility of the applicant to petition the City for release of guarantees and sureties and to warrant that all improvements subject to the guarantee or surety have been completed to fulfill the requirements of this UDC. CHAPTER 19: ACRONYMS AND DEFINITIONS 19.1 Acronyms Acronyms: AASHTO – American Association of State Highway Transportation Officials ADA – Americans with Disabilities Act ADU – Accessory Dwelling Unit AMI – Area Median Income Avg – Average BMP—Best management practices (i.e. BMP plan) BTL—Build-to line CC – Certificate of Completion CLOMA—Conditional letter map of amendment CLOMR—Conditional letter of map revision CO – Certificate of Occupancy CPESC – Certified Professional in Erosion and Sediment Control CSD—Conservation subdivision development Formatted: Underline Formatted: Font: (Default) Calibri, Not Bold, No underline, Ligatures: None DBH—Diameter at breast height DCA—Department of community affairs DHR—Department of human resources DNR—Department of natural resources DRI – Department of Regional Impact EPA – Environmental Protection Agency FAA—Federal Aviation Administration FCC—Federal Communications Commission FEMA—Federal Emergency Management Agency FHBM—Flood hazard boundary map FIRM—Flood insurance rate map FIS—Flood insurance study GSMM—Georgia Stormwater Management Manual HCWSA—Henry County Water and Sewer Authority HPB—Historic preservation board HVAC—Heating, ventilation, and air conditioning ICWPA—Indian Creek Watershed Protection Area LIA—Local Issuing Authority LBCS—Land based classification standards LBWPA—Long Branch Creek Watershed Protection Area MCC—Mayor and city council MNGWPD—Metropolitan North Georgia Water Planning District MRPA—Metropolitan River Protection Act NEPA – National Environmental Policy Act NGVD—National Geodetic Vertical Datum NOI—Notice of Intent NOT—Notice of Termination NPDES – National Pollutant Discharge Elimination System NWI—National Wetland Inventory O.C.G.A.—Official Code of Georgia Annotated OHSA – Occupational Safety and Health Administration PC—Planning commission PD—Planned development PODS – Portable on-demand storage units RFN—Residential fly-in neighborhood RNC—Rural neighborhood commercial ROW—Right-of-way RPZ—Runway protection zone RV—Recreational vehicle SF or Sq. Ft. – Square Feet WCF—Wireless communication facility WPA—Watershed protection area 19.2 Definitions For the purposes of this unified development code in addition to their common meanings certain words and terms used herein, unless the context otherwise requires, shall be defined and interpreted as follows. The use of the singular includes the plural and the plural the singular; the present tense includes the future; the use of "shall" means the action is mandatory, the use of "may" or "should" means the action is optional. Any masculine pronoun shall be deemed to refer to a person, whether male or female. To the extent the definition of a term defined herein conflicts with the definition of such term as defined in Merriam-Webster's Dictionary, the definition in the existing Stockbridge Municipal Code shall govern. All terms not defined herein shall be defined within the Merriam-Webster's Dictionary. Terms not found in the Stockbridge Municipal Code shall be defined as in the Official Code of Georgia Annotated. A "Abandoned cemetery" means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery. "Abandonment" means the relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with neither transferring rights to the property to another owner nor of resuming the use of the property. “Abatement” means the method of reducing the degree and intensity of pollution, nuisance, or identified area of non-compliance with this Development Code. “Absorption” means the penetration of one substance into or through another; or, the length of time it takes for a product or real estate to be sold or rented. “Abut” means to physically touch or border on; or to share a common property line but not overlap. “Acceleration lane” means an added roadway lane that permits integration and merging of slower moving vehicles into the main vehicular stream. “Access” means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. “Access management plan” means a plan showing the design of access upon a lot. It involves planning for the entry and exit of traffic on major roads in such a way as to keep interference with traffic flow to a minimum and maximize public safety. “Access permit” means a permit issued by the appropriate governmental agency for the construction, maintenance, and use of a driveway or public street connecting to a highway. “Accessible design” means accessible generally means that environments, objects, and systems meet prescribed requirements for accessibility for people with disabilities. “Accessible route” means a continuous, unobstructed path connecting all accessible elements and spaces of a building or facility. "Accessory equipment" means any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or other structures. "Accessory structure" means a structure which is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or principal use, and does not alter or change the character of the premises; is located on the same lot as the primary building, structure, or use. "Accidental discharge" means a discharge prohibited by this Chapter which occurs by chance and without planning or thought prior to occurrence. “Acre” means a measure of land containing 43,560 square feet. “Activity center” means a community focal point providing for the combination, rather than scatteration, of general retail, service, commercial, professional office, higher density housing, and appropriate public/quasi-public uses. “Adaptive reuse” means the development of a new use for an older builder or for a building originally designed for a special or specific purpose. "Addition to an existing building" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered new construction. “Adjoining lot or land” means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. See “Abut”. "Administrative variance" means a grant of relief by the administrator from specified standards of the unified development code and where such a waiver will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. "Administrator" means the individual or group responsible for the implementation and enforcement of the ordinance. The Community Development Director, or their designee, shall be the administrator for the zoning ordinance. "Adult day care" means a facility that provides support for elderly individuals (and their families, if present), who do not function fully independently, but who do not need twentyfour-hour nursing care. "Adult entertainment establishment" means any establishment featuring live performances, films, still pictures, electronic reproductions, or video with graphic or other visual images distinguished or characterized by an emphasis on sexual conduct or sexual explicit nudity. Adult entertainment establishments include, but are not limited to, adult bookstores, adult dance establishments, adult motion picture arcades, adult movie theaters, and adult video stores. “Adverse impact” means a condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities. Adverse impacts usually related to circulation, erosion, drainage, potable water, sewage collection and treatment, but may also relate to lighting and glare, aesthetics quality of life, and environmental impact. "Aerial view sign" means any sign which is designed primarily to be viewed from above, rather than the standard grade of the ground, vehicles, and local buildings. Aerial view signs may be mounted on roofs or on the ground, but are generally installed in a manner that is not conducive to being interpreted in the immediate ground-level vicinity. “Affordable housing” means housing with sales price or rent within the means of a low-, middle-, or moderate-income household as defined by state or federal legislation. Not necessarily the same as subsidized housing. "Aggregate sign area" means the total area of all signage on a particular lot. “Aggrieved person” means a person, organization, or entity with a direct, substantial, and legally protectable interest in land or property that may be adversely affected by a decision or determination under this Code. “Agrarian” means relating to the use of land for agriculture, particularly the cultivation or growth of a field or horticultural crop, including dairying, livestock, and poultry raising. “Agricultural building” means a structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown or raised on the premises. “Agricultural land, prime” means land that qualifies for a rating as Class I in the US Department of Agriculture (USDA) Soil Conservation Service land-use capability classification. "Agriculture" means cultivating the soil, producing crops and raising of livestock (farming, and associated activities) upon one (1) or more tracts of land containing not less than three (3) acres. Selling of products raised on the premises shall be considered a permissible activity; provided, that space for the off-county right-of-way parking is available to customers. “Agricultural services” means establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary and other animal services, and farm labor and management services. “Agri-tourism” means agricultural uses such as farms, ranches, and vineyards, that, through promotion and advertising, facilities, and activities seek to attract visitors and guests. Also includes agri-tainement. Events and activities, such as mazes, hayrides, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agricultural support and services directly associated with ongoing agricultural activity on-site. Examples of agritourism include dinner on the farm where paid meals are prepared for members of the public from products of the farm, roadside markets, winery, agricultural craft and gift sales, garden and nursery sales, and special events. "Aircraft" means any vehicle used or designed for flight in the air. "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft. The term may include facilities for refueling, repair, handling, and storage of aircraft or facilities for passengers and freight. "Alleys" or "alleyways" means a private alley located in the rear of residential uses that provides residents with vehicular access to their residences. Alleys shall be maintained by the adjoining property owners, homeowners' associations or condominium/apartment associations. Alleys shall be constructed to meet the following requirements: Private alleyways shall be a minimum of eighteen (18) feet in width and sixteen (16) feet thereof shall be paved with concrete or asphalt. Concrete alleys shall be reinforced and have a minimum depth of six (6) inches with appropriate base. Asphalt alleys shall consist of a minimum of two (2) inches of type "E" or "F" asphalt topping, binder, and six (6) inches of graded aggregate base. Private alleys, at a minimum, shall be constructed to provide adequate turning radii onto public streets, driveways, residential parking garages and carports for full-size, noncommercial, two-axle vehicles. Curbs and gutters are not required. Private alleyways shall not have dead ends but, in limited circumstances and upon specific approval by the city, may have cul-de-sacs where the alley serves a small number of residences or the topography of the land makes an exit impracticable. "Alteration" means a change in size, shape, character, occupancy or use of a building or structure. "Alteration, structural" means any change in the supporting elements of a building such as bearing walls, columns, beams, or girders. "Amendment" means any repeal, modification, or addition to a regulation; or any new regulation. "Amenities" means the area(s) set aside for active and passive recreation for the residents inside the development according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas, and other facilities for sports activities. "Amenity area" means the area(s) set aside for active and passive recreation for the residents inside the PTD (or for the public) according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas, or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas and other active recreational facilities. “Americans with Disabilities Act (ADA)” means a 1990 federal law designed to bring Americans with disabilities into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services. "Amphitheater" means an open-air venue used for entertainment, performances, and sports. An amphitheater is a circular or oval open-air venue with tiered seating surrounding a central open area, while a theater can be either indoor or outdoor and is designed for performing arts. "Amusement park (outdoor or indoor)" means land designed to be used by the public for a fee that contains amusement facilities, such as merry-go-rounds, race car and bike tracks, outdoor motion picture theaters, paint ball courses, driving ranges, miniature golf courses, skateboard rinks, and similar uses for entertainment. “Animal hospital” means a Facility for the medical treatment and temporary boarding of domestic animals operated under the supervision of a licensed veterinarian. “Animal kennel” means any structure or premises in which animals are boarded, groomed, bred, or trained for commercial gain. “Animal shelter” means a facility used to house or obtain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, established humane society, animal welfare society (such as the Society for the Prevention of Cruelty to Animals), or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. "Animated sign" means a sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, hand-powered, or electronic means, including wind-activated elements such as spinners and aerial devices, to depict action or create a special effect or scene. “Annexation” means the incorporation of land area into an existing community with a resulting change in boundaries of that community. “Antique shop” means a store or shop for the sale of relics, works of art, furniture, or decorative objects made at much earlier time period than the present. "Apartment" means a type of multifamily dwelling, with private bath and kitchen facilities or combination living space and commercial building, arranged, intended, designed, or occupied on a rental basis. "Apartment building" means a type of multifamily dwelling arranged, intended, designed, or occupied on a rental basis. "Appeal" means a request for a formal review of an appointed administrative official's decision regarding provisions of this unified development code. "Applicant," means a person submitting an application and plan for approval. “Application for development” means the application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review and approval purposes. "Approach surface" means the area longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. “Approved plan” means a plan that has been granted final approval by the appropriate approving authority. “Approving authority” means the agency, board, group, or other legally designated individual or agency that has been charged with the review and approval of plans and applications. "Arcade" means a roofed passageway, lane, or area supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery contiguous to a street or plaza that is open provides public access to building entrances, retail space and/or public space and is accessible to the public. An arcade may be especially one (1) with shops on one (1) or both sides or a commercial establishment featuring rows of coin-operated games. "Arch" means a structure forming the curved, pointed, or flat upper edge of an open space and supporting the weight above it, as in a bridge or doorway. “Architectural projections” means building projections that are permitted to intrude into the required front, rear, and side yards. "Area of future-conditions flood hazard" means the land area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (one hundred-year future conditions flood). "Area of shallow flooding" means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" means the land area subject to a one percent (1%) or greater chance of flooding in any given year. This includes all floodplain and floodprone areas at or below the base flood elevation designated as zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM). "Art studio" means an area in a building used for creation, production, rehearsal, study or teaching of any visual art or craft, including, but not limited to, painting, drawing, graphic design, photography, video, film, sculpture and pottery; written works of fiction or nonfiction; or any performing art, whether for live or recorded performance, including music, dance and theater. "Artist studio" may include performance space related to classes taught on-site and recording studios; a studio for artisan related crafts, such as small scale metalworking, glassblowing, furniture making, pottery, leather craft and similar activities. "Artist studio" may also include accessory sales of art produced on the premises. "Artist" means a person who practices one (1) of the fine arts, design, graphic, musical, literary, computer, or performing arts; or a person whose profession relies on application of these skills to produce a creative product. The term includes, but is not limited to, individuals who practice visual arts, such as painters, print makers, illustrators, sculptors, potters, jewelry makers, glass makers, craft artists and photographers; performing arts, such as musicians, composers, playwrights, choreographers and dancers; literary arts, such as creative writers and literary translators; architecture and design, such as architects, landscape architects, engineers, urban designers and planners, interior designers and decorators, industrial designers, graphic designers and fashion designers; and media arts, such as filmmakers, video and audio artists and web-based designers. "As-built plan" means a plan and supporting documentation which describes a particular site after construction has been completed. This plan should indicate all structures, hard surface features, utilities, landscaping areas, tree preservation zones, and tree replacement areas. "Assisted living facility" means a state-licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services within independent living units which could include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals. This use shall not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. "Athletic field" means open land used for outdoor games such as baseball, football, soccer and other field sports. "Authority" means the Henry County Water and Sewerage Authority or the Clayton County Water Authority. "Automobile sales" means the use of any building, land area, or other premise for the display and sale of new or used automobiles, generally, but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use. An automobile service station is neither a repair nor a body shop. "Automobile service station" means a building or premises where products necessary for automobile service or maintenance are sold; provided, there is no storage or dismantling of automobiles and only minor services are rendered. "Automotive service, major" means repair services to motor vehicles which require substantial replacement and/or repair of major components. Examples of major automotive repair services include, but are not limited to, transmission repairs/replacement, engine overhaul and radiator repair. Any repair services to construction equipment, agricultural equipment, commercial highway tractors, or dump trucks shall be considered major automotive services. "Automotive services, minor" means repair and maintenance services which require only very brief adjustment and replacement of minor components. Examples of minor automotive services include, but are not limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement and alignment. B “Back-to-back lots” means separate land parcels that have at least half of each rear lot line coterminous. "Banner sign" means a sign made of flexible materials and supported along one or more sides or at two or more corners by one or more fixed, rigid sup ports, such as poles or rods. “Bar” means an establishment in which alcoholic beverages are served for on-site consumption, primarily by drink. Synonym Tavern. “Barn” means a large farm building used for storing grain, hay, or straw, or housing livestock or storing equipment. See: Agricultural Building. “Base flood” means the minimum magnitude flood to be used by a community as a basis for its floodplain management regulations; presently required by regulation to be that flood which has a one-percent change of being equaled or exceed in any given year. "Base flood elevation" means the highest water surface elevation anticipated at any given location during the base flood. "Basement" means that portion of a building that is partly or completely below grade where the finished floor level of the floor above the level under construction is: (1) Six (6) feet or less above the grade plan. (2) Six (6) feet or less above the finished ground level for more than fifty percent (50%) of the total building perimeter. (3) Twelve (12) feet or less above the finished ground at any point. "Bed and breakfast facility" means a private residence that offers sleeping accommodations to lodgers in six (6) or fewer rooms for rent, in the owner or operator's principal residence while renting rooms to lodgers, and serves breakfasts at no extra cost to its lodgers. For the purpose of this definition, a lodger means a person who rents a room in a bedand-breakfast establishment for fewer than thirty (30) consecutive days. "Bedroom" means a room that has a closet. "Bench sign" means a sign applied or affixed to a seat, bench, or other piece of street furniture. “Berm” means an earthen structure used as a screening device in conjunction with the planting of grass, shrubbery and trees. "Best management practices" means a collection of structural practices and measures written by a state agency or other known authority which, when properly designed, installed and maintained, will prove effective in the areas of erosion and sedimentation control, silviculture, stormwater, etc. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b). "Best management practices plan (BMP plan)" means a plan consisting of a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. "BMP landscaping plan" means a design for vegetation and landscaping that is critical to the performance and function of the BMP, including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific). “Bicycle (bike)” means a device propelled solely or in part by human power having tow or more wheels in tandem, including children’s bicycles, except a toy vehicle intended for use by young children, such as a tricycle. “Bicycle lane” means a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, and special pavement markings or signing for the preferential use by bicyclists. The minimum viable width for Bicycle Lane is five feet and traffic flow is one-way. “Big box store” means a large, freestanding, single-story retail store, of generally more than fifty thousand square feet, and usually part of a regional or national chain. “Bike lane” means a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, and special pavement markings or signing for the preferential use by bicyclists. The minimum viable width for a Bicycle Lane is five feet and traffic flow is one-way. “Bike path” means (1) a facility that is paved or unpaved and physically separated from motorized vehicular traffic by an open space or barrier; (2) a designated right-of-way for bicycles, separated from pedestrian and motor vehicles. “Bike route” means a segment of road designated by the jurisdiction having authority, with appropriate directional and informational markers, but without striping, signing, and pavement markings for the preferential or exclusive use of bicyclists. "Billboard" means freestanding sign, supported by one or more poles, with an area of greater than seventy-two (72) square feet, for the purposes of advertising to travelers upon major roadways and interstates. “Biomedical waste” means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses, chemotherapy waste, and discarded medical equipment and parts. “Blank wall” means an exterior building wall with no openings and generally constructed of a single material, uniform texture, and on a single plane. “Blighted area” means an area characterized by deteriorating and/or abandoned buildings; inadequate or missing public or community services; and vacant land with debris, litter, lack of utilities, accumulation of trash and junk and impacted by adverse environmental nuisances, such as odor, noise, and heavy traffic. "Block" means an area of land within a subdivision that is entirely surrounded by streets, public lands, rights-of-way, watercourses, or other well-defined and fixed boundaries. (Blocks are illustrated in figure A.1.) "Boarding and/or rooming house" means a building dedicated to and used for the lodging and/or feeding, for compensation, of up to six (6) non-transient persons, unrelated by blood or marriage to the owner or operator of the house, and where renting individuals are also served with meals prepared in one (1) kitchen by the owner or operator of the house, as defined herein. Foster children placed in a family home, a community residential home with six (6) or fewer residents, a nursing home, or a personal care home shall not be established as a boarding and/or rooming house. "Body shop" means a building or location where motor vehicle repair and/or replacement are performed, including, but not limited to, painting and metal fabrication of motor vehicles bodies or structures. A body shop is a major automotive service. "Boutique hotel" means a facility not exceeding sixty (60) rooms and where overnight accommodation for less than thirty (30) days are provided for compensation. The building shall have interior design compatible with the area in which the hotel is located. The boutique hotel shall provide guests with high quality services, such as, but not limited to, concierge, on-site restaurant, room service, meeting space, business center, banquet facilities, spas, doormen, valet parking, boutiques and/or other amenities. Guest rooms within the building shall contain no equipment for food preparation other than a mini-fridge and/or microwave. There shall be no self-serve laundry facilities (for guests use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels. “Brewpub” means a restaurant that prepares handcrafted natural beer intended for consumption on the premises as an accessory use. "Breezeway" means a roofed, often open, passageway connecting two (2) buildings or halves of buildings. In residential zoning districts the maximum length of a breezeway that is used to incorporate a new structure as part of the principal building is not to exceed twenty (20) feet and the minimum width is to be four (4) feet. The breezeway is to connect each building at an exterior door. “Broadcasting station” means room(s) or suite operated as a radio or television broadcasting station or station with local broadcast capabilities intended for satellite distribution of programs. "Buffer" means a natural and/or enhanced vegetated landscaped area of a lot located and/or established. A buffer is maintained and created with the intention to visibly separate different and possible incompatible types of uses, measured from the common property line of the different uses, to shield or block noise, light, glare, or other nuisances, or the area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat within a water supply watershed adjacent to reservoirs or perennial streams. (1) "Natural/undisturbed buffer" means land area in which there is no disturbance including, but not limited to, removal of understory trees or vegetation, except for maintenance or removal of hazardous and/or invasive trees and plants, or for approved perpendicular access and utility crossings. Existing vegetation may qualify to be a natural buffer, if sufficient vegetation exists within the required buffer width, the vegetation can be fully protected during construction, and the existing vegetation can be proven to be substantially similar to the required plantings of a new buffer and/or is sufficiently visibly dense to be accepted by the city as equivalent to a planted buffer once mature. (2) "Enhanced natural buffer" means land area where an existing natural buffer is found to be inadequate and therefore requires additional vegetative screening. No disturbance is allowed except for maintenance or removal of and/or invasive trees and plants, or for approved perpendicular access, utility crossings and the addition of vegetative screening. (3) "Maintained landscape buffer" means land area in which grading is allowed and revegetation to a buffer is required specific to a zoning case. Buffer must be replanted but also maintained per approved landscape plan and not allowed to revert to a natural/undisturbed buffer. (4) "Stream buffer (State)" means "The area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat." The definition of stream buffer is governed by Georgia law, O.C.G.A. § 12-7-1. (5) "Stream buffer (local)," with respect to a stream, means a natural or enhanced vegetated area lying adjacent to the stream. (6) "Structural buffer" means a buffer that creates a visual screen through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one (1) side to the other throughout the year. (7) "Zoning buffer" means a buffer required by the zoning ordinance or as a condition of zoning, special use or variance approval for a specific property. "Buffer strip" means land area located within the boundary of a lot required to be set aside and used for landscaping and upon which only limited encroachments are authorized. "Build-to line" means the line at which construction of a building facade is to occur on a lot. A build-to line runs parallel to the front property line and is established to create an even (or more or less even) building facade line on a street. "Buildable area" means the portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located. "Building" means any structure attached to the ground with a roof, designed and built for support, shelter, storage, or enclosure for occupancy by persons or animals. (1) "Accessory building" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory. (2) "Building addition" means any walled and roofed expansion to the perimeter of a building which is connected by a common load-bearing wall other than a firewall. (3) "Building frontage" means the linear feet of the exterior wall of a building that faces any road or street that provides a means of direct ingress and egress to the lot. (4) "Building permit" means the permit required for new construction, completion of construction, or an interior finish pursuant to the applicable building code. As used herein, the term shall not include permits required for remodeling, rehabilitation, or other improvements to an existing structure provided there is no increase in the demand placed on those public facilities as defined herein. (5) "Elevated building" means a non-basement building constructed with the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. (7) "Principal building" means the building or structure in which the primary use permissible on the lot is conducted. In RR (less than two (2) acres or a platted subdivision), SR, CCR, MFR, and MHR residential zoned districts a dwelling shall be deemed to be the principal building on the lot. A structurally independent garage, carport or other structure may be attached to the principal buildings by a roofed breezeway which shall cause the entire structure to be construed as part of the principal building and shall be subject to the sections applicable to the principal building or structure. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any accessory building. "Building envelope" means the area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal buildings must be located. "Building height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. "Built environment" means the elements of the environment that are generally built or made by people as contrasted with natural processes. "Burial ground" means an area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. “Business day” means a calendar day on which the offices of the City are open for normal business, excluding Saturdays, Sundays, and legal holidays observed by the City. "Business frontage" means that portion of a building frontage occupied by a single tenant space having a public entrance within the building frontage. C “Café” means a small restaurant primarily serving coffee drinks and light meals, sandwiches, and/or deserts and which often includes an outdoor seating area and provides table service indoors and out. “Cafeteria” means a restaurant in which patrons wait on themselves, carrying their food from counters, where it is displayed and served, to their tables. "Caliper" means a standard of trunk measurement for understory or replacement trees. Caliper inches are measured at the height of six (6) inches above the ground for trees up to and including four (4) inch caliper and twelve (12) inches above the ground for trees larger than four (4) inch caliper. “Campground” means a plot of ground on which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes. Temporary living quarters shall herein be meant to not last longer than 14 continuous days. “Canopy, fuelgas station” means a protective covering or a roof like structure that is free standing, for protection from the elements, not for human habitation, but affixed permanently to the ground. All canopies shall be located at least 15 feet from any public rights-of-way. "Canopy roofed structure" means a roofed structure that covers an area, or especially one that shelters a passageway between two (2) buildings. "Canopy sign" means any sign on a cloth, metal, plastic, or other cover designed to shade or shelter a window or entrance of a building or structure. "Canopy tree (large tree or shade tree)" means any tree, evergreen or deciduous, whose mature height can be expected to exceed 40 feet and whose crown spread can be expected to exceed 30 feet. Shade trees for landscaping industrial, commercial, office-institutional, multifamily residential and mobile home zoning developments, existing or planted, shall be at least eight (8) feet in height and two (2) inches in diameter, measured at six (6) inches above grade for new trees and measured at four and one-half (4½) feet above grade for existing trees. Examples include Red Maple, Sycamore, English Oak, Willow Oak, Loblolly Pine, or trees of similar stature. "Capital improvement" means an improvement with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of a public facility. "Capital improvements element" means that portion of the City of Stockbridge comprehensive plan that sets out projected needs for system improvements during the planning horizon established therein, which provides a schedule that will meet the anticipated need for system improvements, and which provides a description of anticipated funding sources for each required improvement, as most recently adopted or amended by the mayor and city council. Formatted: Heading 3, Space Before: 0 pt, After: 0 pt "Care home" means a care facility where personal care services are provided to more than six (6) nonfamily adults. See "personal care home" definition for permitted services and other requirements. "Carport" means any parking space(s) having a covered roof but not enclosed by walls and is an accessory structure to a dwelling unit. Carports shall not include any parking structures. “Car wash” means an establishment engaged in the business of washing, cleaning, or the interior detailing of vehicles. "Cemetery" means any land or structure in the City of Stockbridge dedicated to and used, or intended to be used for interment of the dead. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium or a combination of one (1) or more thereof, and including chapels or churches when operated in conjunction with and within the boundaries of such cemetery. “Certificate of Appropriateness” means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district. "Certificate of occupancy" means a document issued by the director indicating the use of a particular building or land which conforms to the requirements of this unified development code. "Certified personnel" means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. "Changeable copy sign" means a sign with the capability of copy change or rearrangement by means of manual, remote, or electronic input upon which changeable letters may be placed, without altering the face or the surface of the sign. “Change of use” means (1) a change from one use classification in the zoning ordinance to another use classification; (2) any use that differs substantially from the previous use of a building or land. "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. “Character” means special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest / individuality. "Charging" occurs when the connector from the EVSE (or standard outlet) is inserted into the EV inlet, and electrical power is being transferred for the purpose of recharging the battery on board the EV. "Charging levels" means the standardized indicators of electrical force, or voltage, at which an EV's battery is recharged. EVSE is classified into categories by the rate at which batteries are charged: AC Level 1; AC Level 2; and DC Fast Charging. “Childcare center” means an establishment providing for the care, supervision, and protection of children. "Church or other place of worship" means a building used for public worship including temples, synagogues and related Sunday school or church facilities. "Cigar bar/lounge" means an establishment that caters to patrons who smoke cigars. May serve food and alcohol in accordance with the alcohol ordinance. "City" means the City of Stockbridge, Georgia. "City's separate storm sewer system" means any facility designed or used for collecting and/or conveying stormwater, including, but not limited to, any roads with drainage systems, highways, City streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and manmade or altered drainage channels, reservoirs and other drainage structures, and which is: 1. Owned or maintained by the City; 2. Not a combined sewer; and 3. Not part of a publicly owned treatment works. "City street" means a street which is owned and/or maintained by the City of Stockbridge. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. "Clearing/clear cutting" means the broad removal of all trees and/or vegetation from an area. "Clinic" means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) physician or dentist or a group of physicians or dentists practicing medicine. "Club" means a building or facilities owned or operated by and for special educational or recreational purposes, but not primarily for a profit or to render a service that is customarily carried on for a gain. "Coastal marshlands" shall have the same meaning as in O.C.G.A. § 12-5-282. “Coffeehouse” means an establishment that serves primarily prepared coffee or other hot drinks as well as light snacks. “College” means an institution of higher education and research that provides undergraduate or graduate degrees. "Commercial drone delivery hub" means an area of land, structural surface, building, or structure with one (1) or more designated drone staging areas for use by unmanned aircraft, to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system (UAS) buildings, structures, and other facilities. "Commercial vehicle" means a vehicle whose gross vehicle weight rating (GVWR) is over twenty-six thousand (26,000) pounds, or a trailer with a gross vehicle weight rating of over ten thousand (10,000) pounds, including commercial tractor-trailers, dump trucks, wreckers, and earth-moving equipment. Agricultural vehicles and equipment and school buses shall be excluded from this definition. "Common area" means land within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. Common area may include complementary structures and improvements. “Common open space” means land within a Tiny House Village Development that is designated and permanently reserved for the common use and enjoyment of the residents of the development. Common open space may include landscaped greens, plazas, community gardens, walking trails, playgrounds, community buildings, seating areas, recreational amenities, and similar improvements. Required yards, parking areas, public or private streets, drive aisles, utility easements, and stormwater management facilities shall not be considered common open space unless expressly approved by the City. "Compatibility" means the characteristics of different uses, activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: Height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. "Completion of construction" means the issuance of the final certificate of occupancy by the appropriate governmental jurisdiction. The date of completion is the date on which such certificate is issued. "Comprehensive plan" means the City of Stockbridge plan or planning elements as adopted or amended in accord with the State of Georgia Minimum Standards and Procedures for Local Comprehensive Planning. "Comprehensive Planning Act" means O.C.G.A. § 50-8-1 et seq. and the Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs. “Concept plan” means a schematic or conceptual design for land development, prepared for informal review purposes, that carries no vesting rights or obligations to any party. "Condemnation" means the taking of private property by a government unit for public use, when the owner will not relinquish it through sale or other means; the owner is compensated by payment of market value. The power to take the property is based on the concept of eminent domain. "Condition of approval" means stipulations or provisions that are provided above and beyond the minimum requirements that are set forth as a prerequisite for the approval of an application. "Conditional use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A conditional use is permanent in nature. "Condominium" means the ownership in fee simple title of a single unit in a multifamily family dwelling and an undivided ownership interest, in common with other owners of the common elements of the structure, including the common areas of land and its appurtenances. "Confined animal feeding operation" means a building or fenced enclosure designed and used for holding or fattening of animals in preparation for market. It does not include the pasturing of animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: Horses—one (1) per forty-three thousand five hundred sixty (43,560) square feet (one (1) acre); cows—one (1) per forty-three thousand five hundred sixty (43,560) square feet; sheep or goats—one (1) per twenty thousand (20,000) square feet; fowl—twenty (20) per forty-three thousand five hundred sixty (43,560) square feet. "Conical surface" means the surface that extends outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet. "Conservation easement" means an agreement between a land owner and the City of Stockbridge or other government agency or land trust that permanently protects open space or greenspace on the owners land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership. "Construction" means any site, preparation, assembly, erection, substantial repair, alteration or similar action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property. "Construction activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition. "Construction buffer" means a type of buffer which is temporary and remains in effect during the construction of a project. "Construction standard drawing" means the construction standards manual utilized by the City of Stockbridge and related drawings for public improvements. "Cooking facilities" means any device used in the preparation of food, including range, ovens, cook-top surface units, refrigerators, electric warming irons or hot plates, microwave ovens, coffee makers, toaster ovens, and other similar small electric appliances, freezers separate from or not included within a refrigeration unit are not included in this definition. "Copy" means the graphic content or message of a sign. "Cornice" means the uppermost horizontal molded projection or other uppermost horizontal element located at the top of a building or portion of a building. "Corridor" means a street, roadway, river or other linear element connecting major sources of trips that may contain a number of streets, highways, and transit route alignments. A corridor is also defined as all land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed. “Cottage Home” means a detached single-family dwelling of compact residential design, constructed on a permanent foundation, that is larger than a Tiny House and intended for permanent residential occupancy within a Cottage Home Village or mixed Tiny House and Cottage Home Village Development. A Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. “Cottage Home Village Development” means a residential development consisting of multiple Cottage Homes, or a combination of Tiny Houses and Cottage Homes, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.12 of this UDC. “Cottage Court” means a residential development consisting of a group of small detached dwelling units oriented around a shared common open space and developed under a unified site design. "County." The use of the word "county" shall mean Henry County unless otherwise specified. "County street" means a street which is owned and/or maintained by Henry County. "Covenant, protective" means a contract entered into between private parties which constitute a restriction on the use of a particular parcel of property. "Covenant, restrictive" means private contracts entered into between the developer and purchaser(s) which constitute a restriction on the use of all private property within a development for the benefit of property owners, and provide a mutual protection against undesirable aspects of development which would tend to impair stability of values. "Credit" means a conditional reduction in the amount of a stormwater service charge to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site stormwater system or facility or the provision of a service or activity by property owner, which system, facility, service or activity reduces the stormwater utility's cost of providing stormwater services and facilities. Credits for on-site stormwater systems shall be generally proportional to the effect that such systems have on the peak rate of runoff from the site. "Critical root zone" means the minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient critical root zone (CRZ) and will typically be an area represented by a circle centered on the tree's trunk with a radius equal to one (1) foot per one (1) inch of trunk diameter at breast height (DBH). Example, a twelve-inch diameter tree at breast height (12 inches DBH) would have a 12 foot radius circle (twenty-four-foot diameter circle) which represents the critical root zone (CRZ). "Cross access easement" means a limited right to make use of a property owned by another to gain access to another property; a right-of-way across the property. “Curb” means a stone, concrete, or other improved boundary marking the edge of a roadway or paved area. “Curb cut” means provision for vehicular ingress or egress connecting land or property to an abutting street. "Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation. “Customary home occupation” means an incidental land use that is permitted within a primary dwelling or an accessory structure upon a lot, which complies with all standards applicable in this UDO. "Customers of the stormwater management utility" includes all persons, properties and entities served by and/or benefiting from the utility's acquisition, management, maintenance, extension and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities and activities related thereto, and persons, properties and entities which will ultimately be served or benefited as a result of the stormwater management program. D “Damage, substantial” refers to any change to a structure which impairs its value, usefulness, or normal function. For the purposes of this UDO, substantial damage shall occur when the cost of restoring the structure would equal or exceed 50% of the market value of the structure before the damage occurred. "Dance studio" means a facility designed and used for the professional instruction and rehearsal of dance, including, but not limited to, ballet, tap, jazz, contemporary, ballroom, hiphop, and other forms of dance that do not include adult erotic dancing. Workshops, private lessons, and classes can all be offered. "Day care facility/center for children, day care center for youth, nursery schools and kindergarten schools; and a day care center for adults" means a firm, partnership, corporation, individual, or other business entity providing care for more than six (6) children or adults, not related by blood or marriage, or not the legal wards or foster children of the attendant adult or adults when conducted in a principal structure or within a church or school. Child care centers must provide at least two hundred (200) square feet of outdoor play area and thirty-five (35) square feet of indoor play space is provided for each child. The outdoor play area shall be enclosed by a security chain link fence, at least four (4) feet in height. A State license and a county business license are required. "Dead, dying, or hazardous tree (DDH)" means a tree that has structural defects in the roots, stem, or branches that may cause the tree or a part of the tree to fail, where such failure may cause property damage or personal injury. "Decal" means a picture, design or label made to be transferred to glass, wood, metal, or any other hard surface material. “Deciduous” means plants that drop their foliage annually before becoming dormant. “Deck” means an unroofed platform, either freestanding or attached to a building, that is supported by pillars or posts. “Dedication” means the transfer of property by the owner to another p "Density, gross" means the total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre. "Density, net" means the number of dwelling units per acre of land when the average involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, common open space, flood hazard areas, steep slopes (greater than twenty-five percent (25%)) and public land. For mixed use and interchange activity center zoning districts net density can include open space in the calculation as long as open space is used for passive recreation. "Department" means the City of Stockbridge Community Development Department, as established by the City of Stockbridge City Council, and as operated through the actions and administration of the city manager or his/her designee. "Department of Community Affairs (DCA)" means the Georgia Department of Community Affairs (DCA) was created in 1977 to serve as an advocate for local governments. DCA operates a host of State and Federal grant programs; serves as the State's lead agency in housing finance and development; promulgates building codes to be adopted by local governments; provides comprehensive planning, technical and research assistance to local governments; and serves as the lead agency for the State's solid waste reduction efforts. "Design professional" means a professional licensed by the State in the field of engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable State law governing professional licensure. "Detention" means the temporary storage of stormwater runoff in a stormwater detention facility for the purpose of controlling the peak discharge. "Detention facility" means a structure designed for the storage and gradual release of stormwater runoff at controlled rates. "Developed land" means all real property altered from its natural state by grading, paving, compaction, construction of structures, impervious services or drainage works so that hydrologic response of the property is changed from that which would occur in the natural undeveloped condition. "Development" means any action which creates demand on or need for public facilities, as defined herein, and includes any construction or expansion of a building, structure, or use; any change in use of land, a building, or structure; or the connection of any building or structure to a public utility. "Development" or "single development" means any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership. Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, clearing, digging, filling, dredging, excavating, grading, grubbing, mining, paving, removal of vegetation, stripping, drilling operations, storage of equipment or materials, transportation and filling of land, and any other installation of impervious cover; land development or land development project. (1) "New development" means a land development activity on a previously undeveloped site. (2) "Post-development" means the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. (3) "Pre-development" means the time period, or the conditions that exist on a site, prior to the commencement of land alteration, clearing, construction, or other activity that constitutes development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions. "Development activity" means any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit. "Development approval" means written authorization, such as issuance of a building permit, approval for grading or site development, or other forms of official action required by local law or regulation prior to commencement of construction. "Development impact fee" means the payment of money imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to serve it. "Development of regional impact (DRI)" means a development project, regardless of the mix of land uses, which is likely to have impacts to the transportation network and environment beyond the limits of the jurisdiction in which it is being constructed. "Development permit" means a permit that is issued by the city that authorizes development activity, and includes, but is not limited to, a land disturbance permit or building permit. "Development regulations" means the adopted regulations providing for the subdivision and development of real property within the city, as amended from time to time by the city council. "Development rights" means a governmentally recognized entitlement to use or develop land at a certain density, or intensity, or for a particular purpose, which may be severed from the realty and placed on some other property. (1) "Receiving area" means the region or district where development rights may be affixed to property. (2) "Receiving property" means the lot or parcel where development rights are affixed, thereby increasing the permissible density or intensity of use on the property. (3) "Sending area" means the region or district where development rights may be removed for purposes of transfer to another location. (4) "Sending property" means the lot or parcel where development rights are removed, thereby eliminating permissible uses on the property. (5) "Transfer of development rights" means the process by which development rights from a sending property are affixed to one (1) or more receiving properties. "Director" means the director of the department or his/her designee or the person, officer, official, or his authorized representative designated by the mayor and city council, City of Stockbridge, as its agent for the administration of the provisions of the unified development code. “Diameter at breast height (DBH)” means the diameter of a tree is to be measured by one (1) of the following methods: 1. For existing trees: The standard measure for existing trees on site is diameter at breast height (DBH). The tree trunk diameter is measured at a height of four and one half (4.5) feet above ground level on the uphill side of the tree. If a tree splits into multiple trunks below four and one half (4.5) feet, measure each trunk individually for total DBH. Crepe Myrtles are excluded from this total DBH requirement. Simply the largest diameter trunk shall qualify for Crepe Myrtles. 2. For newly planted trees: The standard measure for newly planted trees will be the caliper of the trunk six (6) inches above the ground level. “Discharge, accidental” means a discharge prohibited by this UDO that occurs by chance and without planning or thought prior to occurrence. “Discharge, illicit” means any direct or indirect non-stormwater discharge to the City separate stormwater sewer system, except as exempted by this UDO. “Distribution center” means an establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including trans-shipment by rail, air, or motor vehicle. “Dormer” means a projection from a sloping roof that contains a window. “Dormitory” means a building or part of a building that is operated by or on behalf of an institution that is authorized to grant a degree by the Board of Reagents of the State of Georgia and used to house students enrolled at such institutions. "Drainage easement" means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Drainage structure" means a device composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water from one (1) place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. (1) "Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. "Dripline" means a line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground, i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip. "Drive-in" means a retail or service enterprise wherein service is provided to the customer on the outside of the principal building. "Drone" or "unmanned aircraft system" means unmanned aerial systems remotely piloted aircraft that can fly under the control of a remote using a first-person point of view, or in autopilot mode guided by a global positioning system (GPS). "Drone delivery" means a permitted food store, restaurant, retail store, or warehouse/distribution facility with one (1) or more designated drone staging areas that are incidental to the primary use of the property for use by small, unmanned aircraft systems under fifty-five (55) pounds take-off weight to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities. "Drone delivery service" means a primary use of the property with the purpose of operating one (1) or more drone staging areas for use by unmaimed aircraft to deliver commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities. "Drone staging area" means a designated area over which an unmanned aircraft completes the final phase of the approach, to a hover or a landing, and from which an unmanned aircraft initiate take-off. The drone staging area includes both the launch pads and any required safety areas, and may include areas for the outdoor storage of goods, materials, containers, trailers, or other equipment. "Dwelling" means a building or portion thereof which is designed or used for residential purposes, including single-family, two-family, multifamily dwellings, rooming and boarding houses, fraternities, sororities and modular dwellings, but not including hotels or motels. (1) "Accessory dwelling" means a dwelling unit established within the principal building or in a separate structure, and on the same lot as the principal structure. It is an independent dwelling unit, but it may share an entrance, yard and parking with the principal unit. (2) "Duplex" or "two-family" means a building containing two (2) dwelling units, designed for occupancy by not more than two (2) families living independent of each other. (3) "Multifamily" means a building or set of buildings containing a group of dwelling units on a common lot containing separate living units for three (3) or more families, having separate or joint entrances, and including apartments and condominiums. These are specifically distinguished from units defined as townhouses. (4) "Single-family" means one (1) dwelling unit in one (1) building, other than a mobile home, hotel or motel, designed for and occupied by one (1) family, containing rooms for living, sleeping, toilet facilities and one (1) kitchen. (5) "Townhouse" means one (1) of a series of three (3) or more attached dwelling units on separate lots which are separated from each other by a coincidental property line and party wall partitions. The structure must meet all front, rear, and side yard setback requirements in the zoning district in which it is located, except for the coincidental property line and wall. Each dwelling unit must be separately metered for all utilities, have access to a public street and the coincidental property line and wall must be fire-rated and extend from the foundation or ground (whichever is lower) to the roof decking of the structure. Each dwelling unit shall contain rooms for living, sleeping, toilet facilities and one (1) kitchen. "Dwelling unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, for rental or lease on a weekly, monthly, or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent living, sleeping, toilet and a single kitchen with cooking facilities. E "Easement" means a grant of one (1) or more property rights by a property owner to the general public, a public utility, a governmental unit, or a private individual or corporation for the use of a portion of the owner's land for a specific purpose, or use as a means of access to other property. Easements shall be designated "public" or "private" depending upon the nature of the usage. (1) "Conservation easement" means an agreement between a land owner and a governmental agency or land trust that permanently protects the land by limiting the amount and type of development that is permissible, while leaving the remainder of the fee interest in private ownership. (2) "Drainage easement" means an agreement allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Eave" means the projecting lower edges of a roof overhanging the wall of a building. "Electric vehicle (EV)" means a class of automobiles that use electric motors powered by energy drawn for the grid or off-grid electric sources into a battery system for propulsion. "Electric vehicle charging port" means the EVSE component which connects to vehicle charging inlets. One (1) EVSE unit may contain multiple charging ports, which are also referred to as "plug connectors" or "heads." Level 1 ports include connectors supplied by Level 1 EVSE as well as any standard 120V outlets able to supply fifteen (15) or more amps of current to be used with the Level 1 EVSE supplied by vehicle manufacturers. "Electric vehicle charging station (EVSE)" means the public or private parking space(s) served by EVSE, including all signs, information, pavement surfaces, surface markings, fee collection systems, and protective equipment, in which a vehicle is recharged. “Elevation” means (1) a vertical distance above or below a fixed reference level (2) a fully dimensioned drawing of the front, rear, or side of a building, showing features such as windows, doors, and relationship of grade to floor level. "Elevated building" means a non-basement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns. “Encroachment” means any obstruction or illegal or unauthorized intrusion into a floodway, right of way, or adjacent land. "Erect" means to build, paint, construct, attach, hang, place, suspend, assemble or affix. "Erosion" means the process by which land surface is worn away by the action of wind, water, ice or gravity. "Erosion and sedimentation control plan" means a plan that is designed to minimize and control the accelerated soil erosion and sedimentation runoff resulting from a land disturbing activity. Also known as the "plan." "Equivalent runoff unit (ERU)" is defined to serve as a reference point for comparing dissimilar properties and attaining an equitable distribution of the cost of services and facilities through a stormwater management service charge. The equivalent runoff unit in Stockbridge has been determined through engineering and analysis to include two (2) primary parameters with the following metrics: (1) one (1) acre of gross area, and (2) two thousand (2,000) square feet of impervious area. These units will be used to determine and compute the service charge for all properties within the city. "Evergreen tree" means any tree that retains green leaves throughout the year. This includes magnolias and tree-type hollies, as well as pines and cedars. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before June 2,1987. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. "Extended detention" means the storage of stormwater runoff for an extended period of time. “Exterior Architectural Features” means the architectural style, general design and general arrangement of the exterior of a building, structure or object, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the forgoing. “Exterior Environmental Features” means all those aspects of the landscape or the development of a site which affect the historic character of the property. “Exterminator” means a person engaged in the service of killing or removing inspects, mice, rats, or other pests. "Extreme flood protection" means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of one hundred (100) years or more. F "Facade" means: (1) "Primary (front) facade" means the exterior wall surface(s) across the building front, extending from grade to top of the parapet, wall, gable, or eaves and from side corner to side corner that are visible from any location on the street or main parking area and includes the primary entrance into the building. If the building faces more than one (1) parking area or street, the largest exterior wall of the building with a primary entrance which is most nearly parallel to the widest street or largest parking area to which the building faces. (2) "Secondary facade" means any exterior wall of a building, other than the primary facade. “Factory” means a building in which raw material and semifinished or finished materials are converted to a different form or state, or where goods are manufactured, assembled, treated, or processed. "Fall zone" means the area within the radius of a billboard that is equal to 133% of the height of the billboard. "Family" means one (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, fraternity or sorority house. "Farm" means a all places of three (3) or more acres devoted to the raising of agricultural products regardless of the quantity or value of production. “Farm supply store” means an establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies. "Feedlot" means land devoted to confinement feeding of livestock. A lot or building or combination lots and buildings intended for the confined feeding, breeding, raising or holding of livestock while being fattened for slaughter and where animal waste may accumulate, but not including barns, pens or similar structures not intended for the fattening of animals for slaughter. “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. “Fenestration” means windows and other openings on a building façade. "Fill" means a portion of land surface to which soil or other solid material has been added; the depth above the original ground. "Final plat" means the final map, drawing or chart upon which the sub-divider's as-built plan of subdivision is presented, and which, if approved, will be submitted for recording among the land records for Clayton County. "Final stabilization" means all soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, one hundred percent (100%) of the soil surface is uniformly covered in permanent vegetation with a density of seventy percent (70%) or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction. "Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. “Fire lane” means an unobstructed paved or improved surface area clearly defined by pavement markings and signs, at least twelve feet wide, and designed to provide access for firefighting equipment. "Firing range" means a public or privately owned facility designed and operated for the purpose of discharge of rifles, shotguns and handguns at targets within a controlled setting. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation or runoff of surface waters from any source that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands. "Flood hazard area" means the area possibly threatened by periodic flooding as determined by various data, e.g., maps provided by the United States Department of Housing and Urban Development, United States Soil Conservation Service, Army Corps of Engineers, or hydrological studies utilizing generally accepted engineering practices. Flood hazard areas shall include all lands underneath a permanent body of water, e.g., a lake, pond, river, and stream, and all land within the limits of a flood hazard area having a one-hundred-year return frequency. "Flood hazard boundary map" or "FHBM" means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as zone A. "Flood insurance rate map" or "FIRM" means the official map of the City of Stockbridge, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Such FIRM as relates to property located within the City of Stockbridge is incorporated by this reference as if fully set forth herein. "Flood insurance study" or "FIS" means the official report, prepared and issued by the Federal Insurance Administration of the Federal Emergency Management Agency evaluating flood hazards and containing flood profiles and water surface elevations of the base flood, which FIS is incorporated by this reference as if fully set forth herein. "Floodplain" means any land area susceptible to flooding with at least a one-percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan. "Floodplain, one-hundred-year" means those lands subject to flooding, which have at least a one percent (1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood boundary and floodway map as prepared by the Federal Emergency Management Agency (FEMA). "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" or "regulatory floodway" means the channel of a stream, river or other watercourse and the adjacent land areas of the floodplain which is necessary to contain and discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Floor area" means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of the outside walls, but excluding any attic, unfinished basement area, breezeway, cellar, porch, or verandah. “Freight Truck” means a commercial vehicle with a manufacturer’s recommended gross vehicle weight rating (GVWR) exceeding 26,000 pounds, including Class 6 vehicles or greater under the Federal Highway Administration vehicle classification system, including tractortrailers, semi-trucks, and combination vehicles. "Frontage" or "frontage, road" means the distance measured along a public street right-ofway, or the main street property line of a lot. “Fueling station” or “fuel station” means any building, structure, or area of land used for the retail sale of automobile fuels, such as gasoline or diesel, oils, and accessories. A gasoline station may include the sale of propane, kerosene, food, or retail goods as accessory uses. Fueling stations shall not include game rooms, game arcades, major repair shops, body shops, paint shops, paint booths, or other similar more-intense automotive related use. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. “Funeral home” means a building or part thereof, used for embalming, autopsies, casket storage, and religious or other services necessary to prepare the dead for burial or cremation. "Future-conditions flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the one hundred-year future-conditions flood. "Future-conditions flood elevation" means the highest water surface elevation anticipated at any given location during the future-conditions flood. "Future-conditions floodplain" means any land area susceptible to flooding by the futureconditions flood. "Future-conditions hydrology" means the flood discharges associated with projected land use conditions based on a community's zoning map, comprehensive land use plans, and/or watershed study projections, and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation. G "Garage, parking" means a structure, lot or any portion thereof which is open to the public in which one (1) or more vehicles are housed or kept, not including exhibition, show rooms, storage of cars or cars for sale. "Garage, repair" means a building or structure used to house, cover or protect automobiles or other vehicles from the elements while repairs are being made thereto. “Gasoline station” means any building, structure, or area of land used for the retail sale of automobile fuels, such as gasoline or diesel, oils, and accessories. A gasoline station may include the sale of propane, kerosene, food, or retail goods as accessory uses. "Grade" means the lowest point of elevation of the finished surface of the ground immediately surrounding the building or structure. (1) "Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. (2) "Highest adjacent grade" means the highest natural elevation of the ground surface adjacent to the proposed foundation walls of a structure prior to construction. "Grade (roadway)" means the slope (ratio of change in elevation to change in distance) or a roadway typically given in percent. For example, a two percent (2%) grade represents two (2) feet of elevation change over a one hundred-foot distance. "Grading" means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. “Grandfathered” means an exemption relating to a particular use or activity on a property that does not conform to applicable rules or regulations because of its establishment prior to the enactment of such rules or regulations. “Grease trap” means a device in which the grease present in wastewater is intercepted and congealed by cooling and from which it may be skimmed off liquid wastes for disposal. “Green area” means land shown on a development plan, master plan, or official map for conservation, preservation, recreation, landscaping, or park. See Open Space. “Green infrastructure” stores, treats, and infiltrates stormwater into soil, mimicking natural systems. “Greenfield” means farmland and open areas where there has been no previous industrial or commercial activity. “Greenhouse, non-commercial” means a permanent climate-controlled structure enclosed (as by glass or plastic) and used usually year-round for the cultivation and protection of plants. "Greenspace" or "open space" means any area protected as permanently vegetated land. "Ground coverage" means the area of a lot occupied by all buildings expressed as a percentage of the gross area of the lot. "Ground elevation" means the original elevation of the ground surface prior to cutting or filling. “Ground floor” means the first floor of a building other than a cellar or basement. "Group home" means a residence where two (2) or more unrelated persons live that is under the supervision of a resident manager. Group homes are established to assist persons who have left highly structured institutions such as a hospital or prison, to adjust to and reenter society and live within its accepted norms. The purpose of a group home is to allow people to begin the process of reintegration with society, while still providing monitoring and support. Group homes shall not provide treatment of drug or alcohol dependency, or provide an alternative to incarceration. "Grubbing" means the removal of stumps or roots from a site. “Gutter” means a shallow channel, usually set along a curb or the pavement edge of road, for purposes of catching and carrying off run-off water. “Gym” means the abbreviated term for gymnasium, which is an enclosed facility for exercise and athletics. H “Habitable floor area” means the total floor area of all the habitable rooms in a dwelling unit. “Habitable room” means any room in a dwelling unit other than a kitchen, bathroom, pantry, closet, hallway, cellar, storage place, garage, unfinished basement, cellar, or attic. “Handicapped parking space” means parking spaces reserved for people with disabilities. “Hardscape” means nonliving components of a landscaped design, such as walls, sculptures, paved walkways, patios, stone and gravel areas, benches, fountains, and similar hard-surface areas and objects. "Hardship" means the presence of some unique or rare condition of land, different in type and extent from other land in the same location or in the same zoning district. "Hazardous material" means any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended. "Hazardous waste" means any solid waste which has been defined as "hazardous waste" in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Federal Act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 as hereafter amended and any designated hazardous waste. Also any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended. "Health and personal services" means establishments providing nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. “Health care facility” means a facility or institution, whether public or private, engaged in providing services for health maintenance and the treatment of mental or physical conditions. Accessory uses within these spaces include laundries for patients served, restaurants, gift shops, laboratories, pharmacies, and medical offices. "Height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. "Heliport" means a designated area for landing and takeoff of rotorcraft. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. “Highest and best use” means the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, and financially feasible that results in highest value. "Historic district" means a geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A historic district shall further mean an area designated by the Mayor and City Council as a historic district. "Historic building or structure" means any structure that meets one (1) or more of the following conditions: (1) Listed individually in the National Register of Historical Places (as maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a State inventory of historic places and determined as eligible under the State historic preservation program which has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places and determined as eligible under the local historic preservation program which has been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in the event the State has no approved program. “Historic Property” means an individual building, structure, site, or object including the adjacent area necessary for the proper appreciation thereof designated by the Mayor and City Council as a historic property. "Home occupation" means an occupation for gain or support conducted on the premises or within a dwelling unit by a person or family residing thereon. The term "home occupation" shall not be deemed to include a tourist home. "Hookah" means a tobacco pipe with a long, flexible tube which draws the smoke through water contained in a bowl. "Hookah bar/lounge" means an establishment where patrons share shisha (flavored tobacco) from a communal hookah or from one (1) placed at each table or a bar. May serve food and alcohol. See Title 9. "Hospice care facility." Hospice care provides humane and compassionate care for people in the last phases of incurable disease so that they may live as fully and comfortably as possible. Hospice is to enable patients to continue an alert, pain-free life and to manage other symptoms so that their last days may be spent with dignity and quality, surrounded by their loved ones. Hospice affirms life and does not hasten or postpone death. Hospice care treats the person rather than the disease; it focuses on quality rather than length of life. It provides familycentered care; care is provided for the patient and family twenty-four (24) hours a day, seven (7) days a week. Hospice care can be given in the patient's home, a hospital, nursing home, or private hospice facility. "Hospital" means an institution receiving in-patients, or a public institution receiving outpatients, and authorized under Georgia law to render medical, surgical and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of mental patients, alcoholics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry. "Hotel/motel" means a building in which lodging along with customary lodging facilities and services, such as meeting rooms, restaurant, housekeeping services and/or center are provided for guests for an average stay of less than thirty (30) days and offered to the public for compensation. Hotel service provisions of food and beverage services suitable for both guests and meeting spaces and selective amenities, such as but not limited to spas, banquet groups, rooms, conference facilities, valet parking, concierge, and on-site restaurant. Guest rooms center and/or within the building shall contain no equipment for food preparation other than a microwave. There shall be no self-serve laundry facilities (for guests' use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels. "Hotspot" means a land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the industrial stormwater general permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with highintensity use. “Household pets” means domesticated animals weighing less than 150 pounds and cared for by the members of the household and which are not raised for commercial gain or considered livestock as defined herein. "Hydrologic response" of a property is the manner and means whereby stormwater collects, remains, infiltrates and is conveyed from a property. It is dependent on several factors including, but not limited to, the presence of impervious area; the size, shape, topographic, vegetative and geologic conditions of a property; antecedent moisture conditions; and groundwater conditions on a property. I "Illegal connection" means either of the following: 1. Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge, including sewage, process wastewater and wash water to enter the storm drain system, regardless or whether such pipe, open channel, drain or conveyance has been previously allowed, permitted or approved by an authorized enforcement agency; or 2. Any pipe, open channel, drain or conveyance connected to the City's separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency. "Illicit discharge" means any direct or indirect non-stormwater discharge to the City's separate storm sewer system, except as exempted in this UDC. “Impact fee” means a fee imposed on a development to help finance the cost of public improvements. “Impermeable” means not permitting the passage of water. "Impervious surface (or impervious cover)" means any manmade paved, hardened or structural surface composed of any material that significantly impedes or prevents the natural infiltration of water or stormwater into the ground below the structure or surface into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, swimming pools and any concrete or asphalt surface. "Improvements" means physical changes to the land which are necessary to create useable lots including (but not limited to) grading and paving streets, sewer and water facilities, hydrants, sidewalks, monuments, changes to existing utilities, and stormwater drainage and detention systems. “Incidental” means subordinance and minor in significance or bearing a relationship to the primary use. "Indoor play space" means play space required inside the principal structure of child care centers set aside for children's recreation and play. The area provided must be at least thirtyfive (35) square feet of indoor play space for each child. "Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14). "Industrialized building" or “modular building” means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act," Georgia Law 1981 pp 1637—1643 (O.C.G.A. § 8-2-2(1)). “Industrial park” means a tract of land that is planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, utility needs, aesthetics, and compatibility. “Industrial waste” means any liquid, gaseous chemical, or solid residue or by products of an industrial process. “Industrial, heavy” means industrial uses engaged in heavy manufacturing, sewage treatment or disposal facilities, electric generating plants and facilities, incinerator or landfills, water purification facilities, automobile and truck body shops, junkyards and salvage yards, human and animal crematories, motor freight terminals, used motor vehicle storage and impoundment yards, and firing ranges. “Industrial, light” means industrial uses engaged in light manufacturing, packing, storage, and distribution of products, including warehousing, wholesaling, and shipping and receiving, and scientific research development and training, kennel and animal hospitals, new vehicle storage, and vehicle transportation service establishments. “Industrialized home” means a dwelling unit manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs. "Industrial stormwater general permit" means the National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies onsite pollution control strategies based on Standard Industrial Classification (SIC) Code. "Infiltration" means the process of percolating stormwater runoff into the subsoil. "Inert construction waste" means waste building materials and other waste resulting from the construction, remodeling or repair of houses, buildings and other structures which will not or are not likely to cause production of leachate of environmental concern. Such waste is limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs and leaves. This definition excludes all waste not specifically listed above. "Infill" means development of vacant or remnant lands passed over by previous development in the area. "Infrastructure" means manmade structures and systems which serve the common needs of the population, such as: Sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways. “In-Kind Mitigation” means the replacement of the impacted aquatic site with one of the same hydrologic regime and plant community type (same species composition). "Inoperable vehicle" means any motorized vehicle incapable of immediately being driven. "Impervious cover" means any manmade paved, hardened, or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools, and any concrete or asphalt paving. "Inspection and maintenance agreement" means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project. "Institutional use" means activities for civic, cultural, educational, social, or governmental purposes. “Intensity of use” means the number of dwelling units per acre for residential development and the Floor Area Ratio for nonresidential development, such as commercial, office, industrial. "Interior landscape area" means an area to be landscaped which is located in the interior area of a development or building site where vehicular parking spaces are to be provided or which is otherwise to be covered with impervious surface. "Interparcel connection" means a vehicular and pedestrian road, street or lane connecting segment and or sidewalk access for public use to gain access to adjacent residential subdivisions, commercial, industrial and mixed use subdivisions and establishments where access to contiguous properties would otherwise require vehicle trips on frontage roads for access. "Invasive plant" means a plant that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting plant communities or ecosystems. A landscape architect or certified arborist shall be required to identify invasive species. J “Junk” means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other use or disposition. For example, but not limited to, tires, unregistered and inoperable vehicles, equipment, paper, rages, metal, building materials, household appliances, or lumber. "Junk/salvage yard" means any use on public streets or private property involving the parking, storage or disassembly of vehicles and/or machinery; the storage, sale or resale of used auto parts, tires, scrap iron, metal; used plumbing fixtures, old stoves, refrigerators and other old household appliances; used brick, wood, or other building/structural materials, used paper, rags or other scrap materials. These uses shall be considered junk yards whether or not all or part of these operations are conducted inside a building or in conjunction with, or accessory to other uses of the premises. "Junked vehicle" means any wrecked inoperable, dismantled automobile, truck or other vehicle which does not bear a current State license plate. “Jurisdictional Wetlands” means a wetland regulated under the federal Clean Water Act for which a § 404 permit from the U.S. Army Corps of Engineers may be needed to impact the wetland. Not all wetlands are jurisdictional wetlands. K "Kennel" means: (1) "Commercial kennel" means any location which provides boarding and care for dogs, cats, or other small animals for pecuniary gain. (2) "Noncommercial kennel" means any single-family residence in the RA zoning district where no more than ten (10) adult dogs and/or cats are kept as pets for the noncommercial purpose of hunting, exhibition in shows, field trials or breeding. Surplus offspring bred at such kennels to enhance or perpetuate any given breed, recognized by the American Kennel Club, may be sold at such kennels and shall not be considered a commercial activity. All animals kept or maintained in said kennel must be owned by the individual or family residing upon the lot upon which the kennel is located. "Kindergarten" means a State-approved institution for the education of pre-school aged children. "Kitchen" means a room or interior area equipped for preparing and cooking food. L “Laboratory” means a place devoted to experimental study, such as testing and analyzing, but not including the manufacturing of products. "Land development activities" means those actions or activities which comprise, facilitate or result in land development. "Land development permit" means the authorization necessary to begin constructionrelated, land-disturbing activity. "Land development project" means a discrete land development undertaking. "Land disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting, and filling of land, that do not involve construction, paving or any other installation of impervious cover. "Land disturbance permit (LDP)" means any permit other than a building permit issued by City of Stockbridge that authorizes clearing or grading activities on a site or portion of a site. Said permit may be clearing, clearing and grubbing, grading, or development permit as defined and authorized under the development regulations of the City of Stockbridge. "Land disturbing activity" means any activity which may result in soil erosion from water or wind and the movement of sediments into State waters or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices described [in] O.C.G.A. § 12-7-17(5) or silvicultural activities as described [in] O.C.G.A. § 12-7-17(6) within areas zoned for these activities. “Land use” means a description of how land is occupied or used. “Landfill” means a disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternating layers of specified depth in accordance with an approved plan. See Sanitary Landfill. “Landlocked” means a lot or parcel of land without direct access to a public road. "Landscape plan" means a detailed plan depicting proposed landscaping which will accompany all site plans submitted for development approval when required by the unified development code. “Landscaping service” means an establishment engaged in performing a variety of lawn and landscaping services such as lawn fertilizing, mowing, spraying and planting, and the planting and maintenance of landscaping "Landscape strip" means land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized. "Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one (1) plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. “Laundromat” means a business that provides home-type washing and drying machines for hire to be used by customers on the premises. “Library” means a building in which literary, musical, artistic or reference materials are kept for use but not generally for sale. "Linear feasibility program" means a feasibility program developed by the City of Stockbridge and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when it would be infeasible to implement stormwater management standards for linear transportation projects being constructed by the City of Stockbridge, other local governments, or State agencies. "Linear transportation projects" means construction projects on traveled ways, including, but not limited to, roads, sidewalks, multi-use paths and trails, and airport runways and taxiways. "Litter" means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such terms defined on O.C.G.A. § 16-751(6). “Livestock” means any animal raised for food, raw materials or pleasure, and customarily kept on a farm, including but not limited to, beef and dairy cattle, sheep, swine, poultry, horses, mules, donkeys, goats, turkeys, bison, llama, emus and any animal having hooves. This definition of livestock shall not apply to pet chickens owned pursuant to section 9-72 as domesticated animals. "Live-work unit" means a dwelling unit containing an office use of the lesser of six hundred (600) square feet in floor area or forty percent (40%) of the unit's total floor area. Office uses shall be adjacent to sidewalk area; and shall be the place of employment for no more than five (5) persons, at least one (1) of whom shall be a resident thereof. A live-work unit is considered a mixed-use building. Live-work units are permitted in residential and commercial areas, according to the framework plan. "Loading space, off-street" means space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used. "Lodge" means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues-paying members and their guests. There are no sleeping facilities. “Long-Term Truck Storage” means the parking or storage of freight trucks for periods exceeding 24 consecutive hours. Long-Term Truck Parking is not intended for short-term or overnight stays of drivers. "Lot" means a portion or parcel of land separated from other portions or parcels by description, such as on a subdivision plat, survey map, or metes and bounds. (1) "Corner lot" means a lot abutting two (2) or more streets at their intersection, or bounded on two (2) or more adjacent sides by street right-of-way lines. (2) "Double frontage lot (through lot)" means a lot, other than a corner lot, that has frontage upon two (2) or more streets that do not intersect at a point abutting the property. (3) "Flag lot" means a lot with uneven dimensions in which the portion fronting on a street is less than the required minimum width required for construction of a building or structure. (4) "Interior" means a lot other than a corner lot or a through lot. "Lot depth" means the average horizontal distance between the front and rear lot lines. (Lot definitions are illustrated in figure A.1.) [not available] "Lot line” or “property line" means the property boundary, abutting a right-of-way line, or any line defining the exact location of a lot. "Lot of record" means an individual lot or a lot which is a part of a subdivision, the map of which has been recorded in the office of the clerk of superior court of Henry County, Georgia, or a parcel of land the deed of which has been recorded in the office of the clerk of superior court of Henry County. "Lot width" means the horizontal distance between the side lot lines measured along the street right-of-way lines. For cul-de-sac lots, lot width shall be measured at the right-of-way and shall be a minimum of 50% of the required width of the zoning district requirement. “Low impact development” is a land planning and engineering approach that manages stormwater runoff by mimicking natural site hydrology. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this unified development code. M “Manufacturing” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. “Manufacturing, heavy” means an establishment engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials into new products, including assembling, converting, altering, finishing of component parts, or the manufacture of such products, and the storage and/or blending of large volumes of materials of a heavy nature including but not limited to metal, concrete, plastic, petrochemicals, and heavy machinery. “Manufacturing, light” means an establishment engaged in the transformation of finished products or parts into new products, including assembling, converting, altering, and finishing of component parts; or the manufacture of products and the blending of materials of a light nature, including paper, wood, or food products and light machinery. Unlike heavy manufacturing, light industrial uses are typically processes that do not create noise, fumes, smoke, odors, or glare or health or safety hazards outside of the building where such processes occur "Manufactured home" means a structure transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. Manufactured homes are built or fabricated in an offsite facility on or after June 15, 1976 and installed or assembled on the home site. They must meet U.S. Department of Housing and Urban Development (HUD) construction requirements. Manufactured homes may be single- or multi-section and are transported to the site and installed with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act. “Manufactured home, new” means a manufactured home that is purchased from either the original manufacturer or a dealer in the ordinary course of such dealer's business and has never been titled or previously occupied.” "Master development plan" means a written and graphic submission for a mixed-use development which represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of development, public and private streets, parking facilities, common open space, public facilities and all covenants relating to use thereof. The master development plan is submitted in conjunction with a rezoning application for the MU zoning district. “Material change in appearance” means a change that will affect either the exterior architectural or environmental features of a historic property or any building, structure, site, object, or landscape feature within a historic district, such as: (1) A reconstruction or alteration of the size, shape or façade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements; (2) Demolition or relocation of a historic structure; (3) Commencement of excavation for construction purposes; (4) A change in the location of advertising visible from the public right-of-way; or (5) The erection, alteration, restoration or removal or any buildings or other structure within a historic property or district, including walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations. "Mean sea level" means the datum to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. For purposes of this Section, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988. “Megachurch” means a house of worship with a seating capacity or holding capacity of ten thousand or more persons. This use tends to draw from a regional area, have a variety of activities that take place over the entire week, and generate significant amounts of traffic. “Metes and bounds” means a method of describing the boundaries of land by directions (bounds) and distances (metes) from a known point of reference "Mini-warehouse" means a building or portion thereof used for storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use. "Mixed use (development)" means a development project that incorporates two (2) or more different types of land uses or activities, such as residential, commercial, office, and/or industrial. A mixed-use development has the different types of land uses in proximity, vertically or horizontally, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas. "Mobile food services, portable restaurants, temporary outdoor and sales, and sidewalk sales" means any temporary business selling goods or merchandise from a tent, truck, vending cart or other areas outside of a permanent structure on property owned or leased by the business. Temporary outdoor sales do not include sales conducted by charitable organizations incidental to the principal or permitted use or structure on the property. "Mobile home" means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, airconditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. Documentation of compliance with the National Mobile Home Construction and Safety Standard Act (United States Department of Housing and Urban Development certification) shall be required. "Manufactured home park" means a parcel of land that has been planned and improved for the placement of manufactured homes for living or sleeping purposes, or where spaces or lots are set aside and offered for rent for use by manufactured homes for living or sleeping purposes, including any land, building or structure or facility used by occupants of manufactured homes on such premises. A manufactured home park does not include an automobile or manufactured home sales lot on which unoccupied manufactured homes are parked for inspection or sale. "Motel" means an establishment where lodging without separate cooking facilities are provided to the public for compensation, in which ingress or egress to and from all rooms are made primarily directly from an exterior walkway rather than from an inside lobby. Includes a building or group of buildings intended for short-term use by transients or the travelers, and containing sleeping accommodations with sanitary facilities. Other synonymous terms include hotel, tourist court, motor court, motor inn, or motor lodge. (1) Extended stay motel or hotel. A motel providing sleeping accommodations, sanitary facilities, and kitchen facilities, intended for overnight or weekly use. “Motion picture theater” means a place where motion pictures are shown to the public for a fee. "Move-in house or structure" means [a] pre-existing dwelling or structure relocated to another lot or on the same lot. "MS4 permit" means the NPDES permit issued by Georgia Environmental Protection Division for discharges from the City of Stockbridge's municipal separate storm sewer system. “Multi-Use Path” means a multi-use pathway for all non-automobile users, including pedestrians and bicyclists. The minimum viable width for a Multi-use Path is ten feet and traffic flow is two-way. N "National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit" means a permit issued by the Georgia EPD under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. "Native plant" means a plant that is a part of the balance of nature that has developed over hundreds or thousands of years in a particular region or ecosystem. "Natural area" means an area of natural vegetation that is generally undisturbed, unmaintained, and is self-perpetuating. It includes not only trees, but also native shrubs, ground covers, wildflowers, vines, and grasses. “Natural drainage flow” means the pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regrading. "Natural ground surface" means the ground surface in its original state before any grading, excavation or filling. "Natural vegetated area" means an undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include, but are not limited to: Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife; outdoor recreational activities, including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting; education, scientific research and nature trails; maintenance or repair of lawfully located roads, structures and utilities used in the service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized; and limited excavating, filling and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above. “Neighborhood” means an area of a community with characteristics that distinguish it from other areas and that may include distinct housing types, schools, or boundaries defined by physical barriers, such as highways or railroads, or natural features such as water bodies. “Neighborhood park” means a park area designed to serve the active recreational needs of the neighborhood, such as field games, playground apparatus, crafts, and picnicking. The National Recreation and Park Association publishes guidelines and general development standards for variety of park and recreational facilities. "Nephelometric turbidity units (NTU)" means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. "Net acreage" means the total acreage of any parcel or combined parcels of land to be developed as a single project, less the sum of the following: Total number of acres contained in the one hundred-year flood hazard area, total number of acres contained in rights-of-way and the total number of acres contained in detention or retention ponds to be constructed. "New construction" means any structure (see definition) for which the start of construction commenced after June 2, 1987, and includes any subsequent improvements to the structure. "New development" means land disturbing activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 2, 1987. “News rack” means one or more self-service or coin-operated boxes, containers, storage units, or other dispensers fused for the display and sale or distribution of newspapers, periodicals, or other written material. “Night club” means an establishment open only late at night, in which music is provided, along with space in which dancing by patrons may occur. “Noise disturbance” means any noise exceeding the noise level limits established for the specific zoning district. "Nonconformity," “nonconforming situation,” or "nonconforming use" means a land use activity, building or structure legally established prior to adoption of this unified development code, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this section. "Nonconforming sign" means a sign that was legally erected under previous sign regulations, and which became nonconforming to the provisions of this article that were adopted following the installation of the sign. "Nonpoint source pollution" means a form of water pollution that does not originate from a discrete point such as a wastewater treatment facility or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water or groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. "Non-stormwater discharge" means any discharge to the storm drain system that is not composed entirely of stormwater. “Nuisance” means a condition or situation that results in an interference with use and enjoyment of property. “Nuisance abatement” means programs designed to acquire, in an expedited manner, properties that are declared nuisances for all or some of the following reasons: blight, habitually used for illegal purposes, fire damage, gross neglect, disrepair, and debris. "Nursery school, kindergarten schools." See "day care" definition. "Nursing home" means a use in which domiciliary care is provided to one (1) or more convalescing, chronically or terminally ill non-family members who are provided with food, shelter and care. This use shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. O “Object” means a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. “Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communications equipment. “Office headquarters” means a large building, five thousand square feet or larger, on a tract of land totaling fifty acres or more built for a specific corporate use and/or user. “Office, home” means a home occupation in which a part of the dwelling unit is used as the resident’s office. See Home Occupation. “Office building” means a building used primarily for the conducting the affairs of a business, profession, service, industry or government or like activity; it may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child-care services. “Office park” means a development on a tract of land that contains a number of separate office buildings, with accessory and supporting uses, and open space designed, planned, constructed and managed on an integrated and coordinated basis. “Off-site” means located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a continuous portion of a street or right-of-way. “Off-street parking” means a parking space that is not located on a dedicated street rightof-way and that is directly accessible to an access aisle. “One-way car sharing” means a car sharing system where the vehicle does not have to be returned to the location from which it was rented. “On-site” means located on the lot that is the subject of the application for development. “On-street parking space” means a parking space that is located on a dedicated street right-of-way. "Open space" means permanently protected areas that are preserved in a natural state and undisturbed land or otherwise properties set aside for recreational uses, buffers, common areas, landscape areas, as well as other uses defined under the "open space categories" described below. Buffers and wetlands, if located on lots to be conveyed to private property owners, shall not be considered as "open space." Land contained within the one hundred-year flood zone shall not be considered as "open space" if located on lots that are to be conveyed to private property owners. Land designated as "open space" is divided into five (5) categories (the "open space categories" or, singularly, an "open space category"): (1) "Category A" means wetland stream buffers; one hundred-year flood hazard areas, undisturbed buffers between various land uses, roadside buffers, wildlife sanctuaries, and other forms of buffers, if owned by the developer or a property owners association; (2) "Category B" means improved and revegetated areas utilized for active recreation, such as ball fields, parks and golf courses; (3) "Category C" means improved, active recreation areas, such as swimming pools, tennis courts and playgrounds; (4) "Category D" means State waters, including wetlands, ponds, lakes, if owned by a developer or a property owners association; and (5) "Category E" means land donated to a governmental entity for public use, provided such land is not located in a wetland or one hundred-year flood zone. “Open space, common” means land within or related to a development, not individually owned or dedicate for public use, that is designed and intended for the common use or enjoyment of the residents of the development and their guests and that may include complementary structures and improvements as are necessary and appropriate. “Open space, natural” means an open space area that is in an unimproved and undisturbed state, with no changes to existing grade or removal of existing vegetation. “Open space, private” means open space, the use of which is limited to the occupants of a single dwelling, building or property. “Open space, public” means open space owned by a public entity and maintained by it for the use and enjoyment of the general public. “Open space ratio” means the total area of open space divided by the total site area in which the open space it to be located. “Operator" means the party or parties that have: 1. Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or 2. Day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation, and pollution control plan or to comply with other permit conditions. “Ordinance” means a law or regulation adopted by a governing body. “Ordinary high water mark” means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. "Outdoor play area" means an area outside the principal structure designed and set aside for recreation and play in the open air and sunshine and may contain some play equipment. See "child care center" definition. "Outfall" means the location where storm water in a discernible, confined, and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. "Outside storage" means the placement or containment of goods, materials, or equipment other than within a building, for purposes of keeping such goods, materials, or equipment for processing, use, sale, or transfer to other locations. "Overbank flood protection" means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain). "Overhang" means the edge of a roof that projects out over the space or wall beneath. "Overlay zoning district" or "overlay district" means a defined geographic area that encompasses one (1) or more underlying zoning districts and that superimposes additional requirements above those required by the underlying zoning district. An overlay district can be coterminous with existing zoning districts or containing only parts of one (1) or more such districts. Permitted uses in the underlying zoning district shall continue subject to compliance with the regulations of the overlay zone or district where that use is expanded or enlarged after the adoption of this unified development code. "Owner" means the legal or beneficial owner of a site including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. P “Parapet” means (1) a barrier, roof, wall, or railing along the edge of a balcony, bridge, terrace, or roof where there is a drop and sudden danger of failing; or, (2) a wall or hip-roof extension along the edge of the roof to visually and acoustically screen rooftop mechanical and HVAC equipment. “Paratransit” means a form of public transportation service characterized by the flexible routing and scheduling of small vehicles, such as taxis, vans, small buses, to provide shared occupancy, doorstep, or curbside personalized transportation service. Example: Lyft, Uber, Yellow Cabs, MARTA. "Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records. “Park, dog” means a parcel or tract of public or privately owned land set aside and designated for the use by dog owners as “off-leash” areas for exercising their canine pets. “Park, private” means a tract of land owned or controlled and used by a specific person or entiry for active or passive recreational purposes. “Park, public” means a tract of land owned by a branch of government and available to the general public for recreation purposes. “Park-and-ride facility” means a parking lot designed for drivers to leave their cars and use mass transit facilities beginning, terminating, or stopping at the park-and-ride facility. “Parking, shared” means the joint utilization of a parking area for more than one use. Involves spaces that are used at different times by different uses, or a single space that serves several stores so that a vehicle does not need to be moved from place to place. Shopping center parking is an example of shared parking. For new construction, instead of computing the parking requirement for each use, a single overall parking ratio may be used. "Parking space, off-street" means an off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, design standards for which are contained in the unified development code. “Parking structure” means a building or structure consisting of more than one level and used to store motor vehicles. See Garage; Garage, Municipal; Garage, Public. “Party driveway” means a single way providing vehicular access to two or more properties. “Party wall” means a common wall shared by two attached structures, buildings, or dwelling units. “Path” means a cleared way for pedestrians or bicyclists that may or may not have been improved. "Patio cover" means an attached structure with open, screened or glazed walls which is used only for recreational, outdoor living purposes associated with the dwelling unit and not as carports, garages, storage rooms or habitable rooms. "Paved" means a durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks, or similar material. Crushed gravel, stone, rock, dirt, sand, or grass are not permitted as a paved surface. "Pavement width" means the cross-section width of a paved road measured from edges of pavement. “Pedestrian” means an individual who travels on foot. “Pedestrian walkway” means a right-of-way for pedestrians, separate from vehicular traffic and including access ramps, stairs, mechanical lifts, and routes through buildings and other areas that are available for public use. “Percolation test” means a test designed to determine the ability of the ground to absorb water and used to determine the suitability of soil for drainage or septic system use. "Perennial stream" means any stream which flows throughout the entire year, as shown as a solid blue line on a United States Geological Survey (USGS) Seven-Minute Topographic Series Maps (1:24,000). “Performance guarantee” means any security that may be accepted by a governmental entity to ensure that improvements required as part of an application for development will be satisfactorily completed. Examples, cash, surety bond, or letter of credit. “Permeable pavement system” means an alternate or supplemental stormwater management system using cast-in-place or pre-cast modular units, both of which create voids for gravel or grass. "Perimeter landscape area" means an area to be landscaped which is located between the buffer area required by the unified development code and the interior landscape area, as defined in the unified development code. "Permit" means the authorization, issued by the City of Stockbridge to the applicant that is necessary to conduct the activity that was applied for and approved. “Permitted use” means any use allowed in a zoning district as a matter of right. “Permittee” means any person to whom a permit is issued. "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivision of this State, any interstate body or any other legal entity. "Personal care home" means a personal care home is a single home where personal care services are provided to no more than six (6) nonfamily adults. Personal care services includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. A care home cannot provide nursing or other medical services or admit and retain residents who need continuous medical or nursing care (see O.C.G.A. § 31-7-12 for State requirements for personal care homes). The term "personal care home" does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals, nor does it include halfway houses, residential treatment facilities, nursing homes, sanitariums, hospital or other institutional facilities, or rooming or boarding facilities which do not provide personal care. “Personal services” means establishments primarily engaged in providing services involving the care of a person or their personal goods or apparel. Examples: laundry, including pressing and cleaning service; diaper service; linen supply; beauty shops; barbershops; shoe repair; steam baths; clothing rental; porter service; and domestic services "Pervious surface" means those areas which do not prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to or after development. “Pharmacy” means a place where prescription drugs and medicines are prepared and dispersed. "Phase" or "phased" means sub-parts or segments of construction projects where the subpart or segment is constructed and stabilized prior to completing construction activities on the entire construction site. “Place of worship” means (1) a church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar belief; (2) a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis. “Planned Development” means an area of minimum size that is planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, industrial, office, and residential uses or a combination of such uses, an appurtenant common areas and accessory uses, customary and incidental to the predominant uses. “Planned Commercial Development” means an area of at least 10 acres in size to be planned, developed, operated and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate office, retail, commercial uses, and other uses incidental to the predominant commercial use “Planned Industrial Development” means an area of at least 10 acres in size to be planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate industrial, manufacturing, warehousing, office, retail, and commercial uses, and other uses incidental to the predominant industrial use. "Planned Unit Development" means development which has both residential and nonresidential land uses according to a master development plan, with related covenants and restrictions. Developments within a PUD project may have flexibility in the application of development standards when approved according to a master development plan, and to promote the conservation of natural resources, more efficient use of land, and, efficiency in the extension of streets and utilities. “Plat” means (1) a map representing a tract of land, showing the boundaries and locations of individual boundaries and streets; (2) a map of subdivision showing compliance with the requirement of all applicable sections of this UDO and any conditions of approval adopted by the Mayor and City Council. “Plat, final” means a map of all or a portion of a subdivision that is presented to the approving authority for final approval. Approval of the final plat is usually granted only upon the completion or installation of all improvements or the posting of performance guarantees ensuring the completion of such improvements. Final approval is required before the property can be transferred or building permits issued. “Plat, preliminary” means the approval of a preliminary plat merely gives the subdivider the authorization to proceed with the planning and development phase of the project. “Plaza” means an open space that may be improved and landscaped; usually surrounded by streets and buildings. "Pocket park" means a park for active or passive recreational uses consisting of no less than one-quarter (¼) of a net useable acre (or fourteen thousand two hundred fifty (14,250) square feet). Pocket parks may be consolidated, provided that the development contains no fewer than one-half (½) the number required and that any consolidated pocket park does not exceed one (1) net useable acre (or forty-three thousand five hundred sixty (43,560) square feet), nor contain less than one-half (½) a net useable acre (or twenty-one thousand seven hundred eighty (21,780) square feet). The purpose of pocket parks is to provide open space for recreational use within walking distance of most residences especially those located farthest from amenity areas. Therefore, where required, pocket parks shall be scattered throughout the development but more greatly concentrated in those parts of the development which are the greatest walking distance from an amenity area. “Portable On Demand Storage Unit (PODS)” means a lightweight storage containers that provide temporary storage for homeowners in yards or driveways. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter or any kind. "Pollution" means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. “Pop up stores” means retail space that is temporary, utilized for short term sales, ranging from one day to several weeks. "Portico" or "porch" means a covered entrance to a large building or a covered walkway, often leading to the main entrance of a building that consists of a roof supported by pillars. "Post-construction stormwater management" means stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan. "Post-development" refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. "Practicability policy" means the latest edition of the Metropolitan North Georgia Water Planning District's Policy on Practicability Analysis for Runoff Reduction. "Pre-development" refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish predevelopment conditions. "Pre-development hydrology" means: 1. For new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development; and 2. For redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property. “Pre-existing use” means the use of a lot or structure prior to the enactment of this UDO. "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "Previously developed site" means a site that has been altered by paving, construction, and/or land disturbing activity. "Primary surface" means an area longitudinally centered on a runway extending two hundred (200) feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. "Principal building" means the building or structure containing or to contain the principal use of a lot. “Principal entrance” means the place of ingress and egress most frequently used by the public. "Principal permitted use" means that use of a lot which is among the uses allowed as a matter of right under the zoning classifications. (Also see "WCF principal" or "accessory use.") "Private deed restrictions or covenants" means private deed restrictions or covenants imposed on land by private land owners. They bind and restrict the land in the hands of present owners and subsequent owners. They are enforceable only by the land owners involved and not by the county or other public agency. “Prohibited use” means a use that is not permitted in a zoning district. "Project" means a single improvement or set of interrelated improvements undertaken together within a finite time period at a specific location. With regard to land development, a project may be identified as those construction activities authorized collectively by a building permit or other development approval, or for an interrelated collection of buildings and common public facilities such as a residential subdivision or an office park. "Project improvements" means site specific improvements or facilities that are planned, designed, or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project only, and that are not "system" improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or a "system" improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a "project" improvement or a "system" improvement. A project improvement may provide no more than incidental service or facility capacity to persons other than users or occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and approved for public funding by the City of Stockbridge, Georgia, shall be considered a project improvement. "Property line." See "lot line." "Property owner" means that person or entity that holds legal title to property. "Proportionate share" means that portion of the cost of system improvements that is reasonably and fairly related to the service demands and needs of a project. "Protection area" or "stream protection area," with respect to a stream, means the combined areas of all required buffers and setbacks applicable to such stream. "Public facilities" or "public spaces" means: (1) Parks, open space, and recreation areas and related facilities; and (2) Public safety facilities, including police, inmate housing, fire, animal control, emergency medical, and rescue facilities; (3) Libraries and related facilities; and (4) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and any other components of State or Federal highways. “Public hearing” means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to ask questions, comment, and participate "Public or private property" means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties. "Public streets" means right-of-way dedicated to the county or owned by the county for public street purpose. "Public utility" means firm, corporation, or local government authorities providing gas, electricity, communications service, and similar essential services. "Public water facilities" means mains and service lines owned and operated by the City of Stockbridge, the Henry County Water and Sewage Authority, or when approved by the mayor and city council, a private water system operating under the direct supervision of the DNR. Q "Qualified personnel" means any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19. “Quasi-judicial” means public officials whose acts are functionally comparable to those of a judge, and hence are immune personally from lawsuits. “Quorum” means a majority of the full authorized membership of a board or agency. R “Recreation, active” means leisure time activities, usually of a formal nature and performed with others, requiring equipment and taking place at a prescribed place, site, or field. “Recreation, passive” means activities that involve inactive or less energetic activities, such as walking, sitting, picnicking, and board and table games. “Recreation facility” means a place designed and equipped for the conducting of sports and leisure time activities. “Recreational vehicle” means a vehicular type portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as temporary living accommodation for recreational and camping purposes. These include: · Travel trailers – A vehicular unit, mounted on wheels, of such size and weight as not to require special highway moving permits with drawn by motorized vehicles (8.5 feet wide maximum) designated and constructed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF when used for camping in set up mode. · Truck camper – A portable unit, designed to be loaded onto or affixed to , the bed or chassis of a truck and constructed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF. · Motorhomes – A vehicular unit built on a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping, or travel use and not larger than 400 SF. All such vehicles shall have a current state license, inspection sticker, and registration and be titled in the name of the current owner. · Camper trailer – A vehicular unit mounted on wheels and constructed a collapsible partial side walls which fold for towing by another vehicle and unfold on the camp site and designed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF. · Tent – a moveable shelter made of canvas or other similar material and supported by a pole or poles and designed and manufactured to provide temporary living quarters for recreational and camping use. "Recycled water system" means a water system that captures and reuses water previously used in wash or rinse cycles. "Redevelopment" means structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling. "Regulatory flood (regulatory flood elevation)" means the flood standard equal to or higher than the base flood. “Remodel” means to construct an addition or alter the design or layout of a building or make alterations or structural changes. “Rental housing” means housing that is occupied by a tenant paying rent to an owner, with no part of the rent being used to acquire equity in the property. “Repair major” means improvement requiring a building permit. “Repair minor” means improvement to correct deficiencies resulting from normal wear and tear and not requiring a building permit. “Residential district” means an area where buildings used for exclusively for residential purposes occupy more than 50% of the total street frontage. "Residence" means a home, abode, or place where an individual is actually living on a nontemporary basis. “Restaurant” means an establishment where food and drink are prepared, served, and consumed primarily within the principal building. “Restaurant, drive-in” means an establishment where food or drink is served to and consumed by a customer in automobile while parked on the premises. “Restaurant, Drive-through” means an establishment in which food or drink is served to customers within automobiles outside the confines of the building and where the consumption of food or drink is intended to occur off the premises. “Restaurant, take-out” means where food and or beverages are sold in a form ready for consumption, where or all or significant part of the consumption takes place of premises. “Retail food establishment, mobile” means a vehicle, usually a van, truck, towed trailer, or pushcart from which food and beverages are sold “Retail sales” means establishments engaged in the selling or rental of goods or merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods. “Retaining walls” means a structure that is constructed between the lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures. “Rezone” means to change the zoning classification of a parcel of land. "Right-of-way" means access over or across a particularly described property for a specific purpose. A strip of land intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, storm sewer, drainage structure, sewer line, or other similar use. "Riparian" means belonging or related to the bank of a river, stream, lake, pond, or impoundment. "Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. “Roof” means the outside top covering of a building or structure. “Road frontage” means the distance on which a parcel of land adjoins a public street or public road right-of-way dedicated to and accepted by the city or the county for vehicular traffic or over which the city or the county may hold a prescriptive easement for public access, and including designated and numbered U.S. and state highways. “Road, minor collectors” means a road/street serving county-wide traffic, these roads collect traffic from local roads/streets and bring developed areas within a reasonable distance of a major collector road; provide service to smaller communities; and link the locally important traffic generators with other areas. “Road, major collectors” means the primary purpose of a collector road is to collect and distribute traffic between the local streets and the major and minor arterial streets and to provide access to adjacent properties. These roads, with minor collectors, primarily serve county rather than state traffic. More moderate speeds are typical. They serve traffic generators of intra county importance, such as consolidated schools, shipping points, county parks, and important business and agricultural areas. They link these places with nearby cities, arterials and freeways, and serve the more important intra county travel corridors. "Routine maintenance" means activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. "Runoff." See definition for "stormwater runoff." “Rural area” means a sparsely developed area, with population density of fewer than 100 persons per square mile, where the land is undeveloped or primarily used for agricultural purposes. S “Sanitary sewer” means an underground system that carries wastewater and sewerage to a treatment plant. "Saved tree" means a tree in which the critical root zone has not been disturbed by more than 25%. “Scale” means the relationship between distances on a map and actual ground distance; or, the proportioned relationship of a size of parts to one another. “Scale of development” means the relationship or a particular project in terms of its size, height, bulk, intensity and aesthetics to its surroundings. “School” means any building or part thereof, that is designed, constructed, or used for education or instruction in any branch of knowledge or skill. “Screen” means a structure, berm, or planting consisting of fencing and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property or a portion thereof. "Sediment" means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. "Sedimentation" means the process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity. "Self-service storage facility" or “self-storage facility” means a fully enclosed facility containing independent bays and/or self contained units which are leased to or owned by individuals exclusively for dead storage of goods or personal property. “Septic system” means an underground system with a septic tank used for the decomposition of domestic wastes. "Service charges" means the periodic rate, fee or charge applicable to a parcel of land, which charge shall be reflective of the service provided by the city stormwater utility. Service charges are based on measurable parameters which influence the stormwater utility's cost of providing services and facilities, with the most important factor being the amount of impervious area on each parcel of land. The use of impervious area as a service charge rate parameter shall not preclude the use of other parameters, or the grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat rate charges for one (1) or more classes of similarly situated properties whose impact on the stormwater utility's cost of providing stormwater management services and facilities is relatively consistent. Stormwater service charges may also include special charges to the owners of particular properties for services or facilities uniquely related to stormwater management of that property, including, but not limited to, charges for development plan review, inspection of development projects and on site stormwater control systems and enhanced level of stormwater services above those normally provided by the city. "Setback" means the horizontal distance between a building or building line and a property line or a buffer line in which a structure cannot be erected or, with respect to a stream, the area established by the unified development code extending beyond any buffer applicable to the stream. (Setbacks are illustrated in figure A.2.) "Screening" means a method of shielding or obscuring one (1) abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like. "Shrub" means a woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk. “Short-Term Truck Parking” means the parking of freight trucks for periods not to exceed 24 hours for overnight rest, mandatory breaks, or temporary parking. "Sidewalk area" means an area improved for walking along an existing street, primary grid, or secondary grid that begins at the street curb, or edge of pavement if no curb exists, and consists of a contiguous and continuous landscape zone and pedestrian zone. (1) "Sidewalk planted landscape zone" means the paved or unpaved portion of the sidewalk area adjacent to the street and reserved for trees, groundcover, and street furniture including, waste receptacles, traffic signs, newspaper boxes, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. (2) "Sidewalk pedestrian clear zone" means the paved portion of the sidewalk area reserved for pedestrian passage and unobstructed by any permanent objects to a height of eight (8) feet above the paved surface. The pedestrian zone shall be adjacent to the landscape zone and shall have a consistent cross-slope not exceeding two percent (2%). “Sight triangle” means the triangular shaped portion of land at street intersections in which nothing is erected placed, or planted or allowed to grow as to limit obstructions to the sight distance of motorists entering or leaving the intersection. "Sign" means every device, item, product, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed in view of the general public. For the purpose of determining number of signs, a single display surface or a single display device containing different elements that are organized, related, and composed to form a unit shall be considered to be one (1) sign. Where different elements are displayed in a random manner without an organized relationship to each other, or where there is reasonable doubt as to the relationship of different elements to each other, each element shall be considered to be a single separate sign. “Sign, animated” or “sign, moving” means a sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. “Sign, awning” means a sign that is mounted, painted, or attached to an awning or other window or door canopy that is otherwise permitted by this UDO. “Sign, banner” means a temporary sign of cloth or similar material. “Sign, blade” means a vertically oriented wall sign, also known as a projecting sign. “Sign, canopy” means a sign attached to the underside of a canopy. “Sign, digital” means changeable electronic variable message signs that have changeable messages or displays and meet the requirements related to the duration of messages, transition time, lighting, and brightness. “Sign, directory” means a sign listing the tenants or occupants of a building or group of buildings. “Sign, electronic” means a sign composed of content or messaging can be changed or altered on a fixed display screen composed of electrically illuminated segments. “Sign, entrance” means a sign placed near the intersection of a public street and a public or private entryway into a residential or mixed-use development that identifies the name of the development. “Sign, flashing” means any sign with a message area that electronically scrolls, flashes, varies in illumination, rotates, or changes more often than once every fifteen (15) seconds. “Sign, freestanding” means sign not affixed to a building. “Sign, ground” means any sign principally supported by uprights or braces which are permanently placed into the ground and not supported by or suspended from any building or structure. A ground sign is a type of freestanding sign. “Sign, hand-held" means any sign greater than 36 square inches (0.25 square feet) that is carried or physically supported by a person. “Sign, hanging” means a sign that hangs below, and it supported by, a marquee, canopy, or awning and is perpendicular to the building face. “Sign, holiday decoration” means temporary signs, in the nature of decorations, and customarily and incidentally associated with a national, local, or religious holiday. “Sign, illuminated” means a sign lighted by or exposed to, artificial lighting either by lights on or in the sign or directed toward the sign. “Sign, inflatable” means any display capable of being expanded by air or other gas. “Sign, informational” means a sign not permanently installed in the ground with an area of not greater than four (4) square feet, and a height no greater than three (3) feet. with a sign face made for short term use, containing no reflecting elements, flags, or projections. Standard information signs are mounted on one or more stakes or metal frames, with a thickness or diameter not greater than two (2) inches each. “Sign, internal” means a sign that is not intended to be viewed from outside the subject property and is located so as not to be visible from any public right-of-way or from any other nearby property. “Sign, landmark” means a sign that has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art. Such examples include metal frame roof signs, neon signs, and tower-style freestanding signs. “Sign, mobile” means any sign that is either part of or otherwise affixed to any trailer or vehicle, whether motorized or non-motorized, intended for long-term display at a particular location. “Sign, monument” means a freestanding sign of which the entire bottom of the sign is generally in contact with or near the ground providing a solid and continuous background for the sign face from the ground to the top of the sign. The structure shall be at least as wide as the sign and shall be constructed of brick, stone, or an architectural masonry material. “Sign, multi-faced" means a sign with two (2) faces mounted or placed on the same structure that form a geometric angle of less than 45 degrees at their vertex. The characteristics of the largest sign face shall be used to determine compliance. “Sign, portable” means a temporary sign, such as a sidewalk, sandwich, or A-frame sign, designed to be transported or easily relocated and not permanently attached to the ground and not otherwise permanently affixed to it as otherwise required by the building code. “Sign, projecting” means any sign which is attached perpendicular to a building or structure and projects outward from the portion of the building or structure to which it is attached. “Sign, pylon or pole” means a freestanding sign, mounted on one or more groundmounted support poles or structures. “Sign, roof” means any sign erected upon or above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. “Sign, sidewalk or sandwich” means a movable A-Frame sign. “Sign, snipe” means any device created for the purpose of reflecting light directed at the device so as to render the device especially visible. “Sign, stake” means a temporary yard sign supported by at least one (1) upright stake placed into the ground, with a sign area not greater than eight (8) square feet. “Sign, temporary” means any sign or device which is not temporarily attached to the ground or other permanent structure, which is designed to be mobile or is designed to remain in place for a limited time, such as balloons, banners, and mobile signs. “Sign, wall” means a sign fastened to or painted on, the wall of a building or structure in such a manner as the wall becomes the supporting structure for or forms the background surface of the sign, and that does not project more than 12 inches from such building or structure. “Sign, window” means a permanent sign that is painted or mounted on a window pane or hung directly inside a window for the purpose of identifying the sign from the right-of-way or street. “Sign area” means the face of the sign, including letters, numerals, or graphics, but excluding any framing, trimming, molding or supporting structures. “Sign face” means the area or display surface on a sign used for the message. "Significant tree" means any existing, healthy, living tree eight (8) inches DBH or greater in size. “Silviculture” means a process, following accepted forest management principles, whereby forests are tended, harvested, and reforested either by natural or artificial reforestation, or both. "Site" means an area of land where development is planned, which may include all or portions of one (1) or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit. “Site” also means the location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure. “Site plan” means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot including topography, vegetations, drainage, floodplains, and waterways; landscaping and open areas; walkways; means of ingress and egress; circulation; utility services; structures and buildings; lighting; berms, buffers, and screening devices; surrounding development; and other information that may be reasonably required in order for the governing authority to make an informed decision. “Site plan, minor” means a Development Plan involving an alteration or small addition to an existing development in which the increase in floor area is less than 10% of the existing floor area, does not require a new street or an extension of an existing street, does not require offtract improvements, and does not require variances. "Small box discount store" means a retail store: (1) With floor area less than twelve thousand (12,000) square feet; (2) That primarily offers for sale a combination and variety of convenience shopping goods and consumer shopping goods; and (3) Continuously offers and advertises a majority of the items in their inventory for sale at a price less than ten dollars ($10.00) per item. Small box discount store shall not include the following: Drug stores or a convenience stores attached to or collocated with fuelgas stations. "Solar energy system (SES)" means a device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. For purposes of the City of Stockbridge zoning code, SES refers only to: (1) Photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device; or (2) Solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling. SES as used in the City of Stockbridge zoning code excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity. "Solar energy system, integrated" means an SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter. "Solar energy system, rooftop" means an SES that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an integrated SES. "Solar energy system, ground mounted" means an SES that is structurally mounted to the ground and does not qualify as an integrated SES. For purposes of the Stockbridge zoning code, any solar canopy that does not qualify as an integrated SES shall be considered a ground mounted SES, regardless of where it is mounted. The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in calculating the footprint. Ground mounted SESs shall be delineated by size as follows: (1) "Solar energy system, ground mounted small scale (small scale SES)" means a ground mounted SES with a footprint of less than two (2) acres. (2) "Solar energy system, ground mounted intermediate scale (intermediate scale SES)" means a ground mounted SES with a footprint of between two (2) and fifteen (15) acres. (3) "Solar energy system, ground mounted large scale (large scale SES)" means a ground mounted SES with a footprint of more than fifteen (15) acres. “Solid waste” means putrescible and non-putrescible wastes, except water-carried body waste, and shall include garbage, rubbish, ashes, street refuse, dead animals, sewage sludges, animal manure, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes and any other waste material in a solid or semi-solid state not otherwise defined in these regulations. "Solid waste management facilities" means public or private disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating, or disposal of garbage, sewage, rubbish, offal, oil field wastes, hazardous waste, or other waste material originating on or off the premises. "Special event" means a gathering or event for which the promoter or other person, firm, or corporation holding or producing the event must obtain a permit. "Special use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A special use is permanent in nature. “Specimen tree” means a particularly impressive or unusual example of a species because of its size, age, shade, or other trait that epitomizes the character of the species. "Stabilization" means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. "Stable, private" means a stable with a capacity of not more that four (4) horses, mules or other draught animals. "Stable, public" means a stable other than a private stable with a capacity of more than four (4) horses, mules or other draught animals. "Start of construction" means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days after the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "State waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation, except any project involving less than one (1) acre of disturbed area and as may be defined in O.C.G.A. § 12-7-17(7). "Stormwater concept plan" means an initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan, including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design. "Storm drainage system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs and other drainage structures. "Stormwater management plan" means a plan for post-construction stormwater management at the site that meets the requirements of Chapter 17 and is included as part of the land development application. "Stormwater management standards" means those standards set forth in Chapter 17. "Stormwater management system" means the entire set of non-structural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. "Stormwater pollution prevention plan" means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable. "Stormwater runoff" means flow along the surface of the ground, resulting from precipitation. "Stream" means any stream, beginning at: 1. The location of a spring, seep, or groundwater outflow that sustains stream flow; or 2. A point in the stream channel with a drainage area of twenty-five (25) acres or more; or 3. Where evidence indicates the presence of a stream in a drainage area of other than twenty-five (25) acres, the City of Stockbridge may require field studies to verify the existence of a stream. "Stream bank" means the sloping land that contains the stream channel and the normal flows of the stream. "Stream channel" means the portion of a watercourse that contains the base flow of the stream. "Street" means any right-of-way, public or private, including arterials, collectors, local roads, and roadways by any other designation, as well as bridges, tunnels, andy other portions of the transportation network. “Street” also means the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, curb and gutter, sidewalks, drainage ditches and structures, and other areas within the right-of-way lines. (1) "Alley" means a strip of land providing vehicular and pedestrian access to the rear of properties which abut and are served by a public street. (2) "Boulevard" means a street developed with two (2) one-way pavements separated by a landscaped median. (3) "Collector street" means a public street whose function is to collect traffic from local streets and neighborhoods and connects to another public street of equal or greater classification. A collector may also provide direct access to adjacent properties. (4) "Cul-de-sac" means a dead-end local street, of limited length, opened at one (1) end and closed at the other by a permanent turnaround. (5) "Dead-end street" means a local street open at one (1) end and closed at the other. (6) "Expressway" means the expressway system, which includes high volume limited access thoroughfares through the county and region beyond. (7) "Frontage road" means a street which is parallel to, and adjacent to major thoroughfare and which provides access to abutting properties and protection from through traffic. (8) "Local street" means a public street that serves a limited area and whose primary function is to provide direct access to adjoining properties. (9) "Major arterial" means a public street whose primary function is to connect two (2) highways of equal or greater classification or capacity, provide primary access to a large land area, provide access to a large traffic generator, or connect two (2) or more towns or communities. The secondary function is to provide local access. (10) "Minor arterial" means a public street that serves an intermediate function between collectors and major arterials, and also serves as a traffic feeder to major arterials and for cross-country and regional travel. (11) "Stub street" means a dead-end street at adjoining property lines intended for future extension to serve the development of adjoining areas. “Street furniture” means constructed, above ground objects, such as outdoor seating, kiosks, bus shelters, sculptures, trash receptacles, planters, bollards, fountains that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and outdoor spaces. "Structure" means anything constructed or erected with a fixed location principally above or on the ground or attached to something having a fixed location on the ground including a walled and roofed building, manufactured home, or gas or liquid storage tank. (1) "Structure, principal" means the building or structure in which the primary use permissible on the lot is conducted. (2) "Structure, accessory" or "accessory use" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory. "Structural erosion, sedimentation, and pollution control practices" means practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, and sediment traps, etc. Such practices can be found in the publication "Manual for Erosion and Sediment Control in Georgia. "Structural stormwater control" means a structural stormwater management facility or device that controls stormwater runoff and charges the characteristics of that runoff, including, but not limited to, the quantity and quality, the period of release or the velocity of flow. "Subdivision" means the division of a parcel or tract of land into more than one (1) or more lots or building sites for the purpose, whether immediately or in the future, of sale, of creating sites for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway. “Subdivision, consolidation” means the combining of individual recorded lots to form fewer tracts than currently exist. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. “Subdivision, minor” means any subdivision of land that does not involve the following (1) creation of more than the maximum number lots allowed by this UDO for that district; (2) any new street; (3) the extension of any off-tract improvements. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. "Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure prior to the improvement. The market value of the building means: (1) The appraised value of the structure prior to the start of the initial repair or improvement; or (2) In the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the director, and not solely triggered by an improvement or repair project. "Substantially improved existing manufactured home park or subdivision" means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. “Surface area” is the total exterior area, calculated my measuring the height and with of each building façade, including projections. T “Telecommunications tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas: self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, and cellular communications towers. “Tenant frontage” means the horizontal distance in feet between the left-side wall and the right-side wall or building end wall of a tenant space fronting on a street. “Theater” means a building or part of a building used to show motion pictures or drama, dance, musical or other stage performances. "Timber harvesting" means the felling, loading, and transporting of timber products (pulpwood, etc.). The term "timber harvesting" may include both clear cutting and selective cutting of timber. “Tiny houseme” means a detached single-family dwelling of compact design intended for permanent residential occupancy, constructed on a permanent foundation in accordance with the Georgia State Minimum Standard Residential Code, as amended, and containing not less than four hundred fifty (450) square feet and not more than six hundred (600) square feet of floor area, excluding lofts, attached porches, garages, and accessory structures. A Tiny House shall comply with the Tiny House requirements established in Section 3.2. of this UDCmeans a detached dwelling unit containing a maximum gross floor area of four hundred (400) square feet, excluding porches, patios, loft areas not meeting habitable space requirements, and accessory structures “Tiny house on wheels (THOW)” means a dwelling unit constructed on a trailer chassis or other movable platform that is designed to be transported on public roadways and is not permanently affixed to a permanent foundation. A Tiny House on Wheels shall not be considered a dwelling unit or a permitted residential use under this UDC. Formatted: Font: 12 pt “Tiny house village development” means a residential development consisting of multiple Tiny Houses, multiple Cottage Homes, or a combination of both, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.41 of this UDC. “Tot lot” means an improved and equipped play area for small children, usually up to elementary school age. "Tower” or “tower support structure" means any structure designed and constructed primarily for the purpose of supporting one (1) or more antenna arrays, including selfsupporting lattice towers, guy tower, or monopole towers. The term shall include radio and television transmission towers, microwave towers, common-carrier towers, PCS service towers, cellular telephone towers, alternative tower structures, and the like. (1) (1) "Monopole tower" means a cylindrical self-supporting communications tower constructed as a single spire. “Townhome” A residential dwelling unit constructed in a building containing three (3) or more attached dwelling units, with each unit having its own individual entrance. Townhomes may be developed on a common lot or on individually platted lots in accordance with the requirements of the applicable zoning district. "Tractor trailer storage" means property used for the long term-controlled storage of tractor trailers which include permanent office or security facilities. "Traffic impact study (TIS)" is an important tool in the overall development planning process (residential, commercial, industrial, institutional, etc.). It provides information which identifies impacts of proposed developments on the existing, short range and long range roadway/circulation networks. It also identifies mitigation measures for the impacts identified. Traffic impact studies shall be conducted by a qualified professional. “Transparency” is the minimum percentage of windows and doors that must cover a facade. “Transportation Improvement Project” means the construction, reconstruction, retrofit, or alteration of any street, and includes the planning, design, approval, and implementation processes, except that “Transportation Improvement Project” does not include routine upkeep such as cleaning, sweeping, mowing, spot repair, or pavement resurfacing. "Tree" means any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three (3) inches at any point and a height of over twelve (12) feet. "Tree defects." Tree defects can be of two (2) kinds: Injury or disease that seriously weakens the stems, roots, or branches of trees, predisposing them to fail or structural problems arising from poor tree architecture. Tree hazards include dead or dying trees, dead parts of live Formatted: Indent: Left: 0", First line: 0.5" Formatted: Font: (Default) Calibri, Ligatures: None trees, or unstable live trees due to structural defects or other factors that are within striking distance of people or property. "Tree density unit (TDU)" means a credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this chapter. "Tree density standard (TDS)" means the minimum number of tree density units per acre which must be achieved on a property after development. "Tree diameter" means the widest cross-sectional dimension of a tree trunk measured at the diameter at breast height (DBH). "Tree protection area" means any portion of a site wherein are located existing trees which are proposed to be preserved to comply with the requirements of this UDC. "Tree removal" means the physical act of cutting down and removing a tree from a site. "Tree replacement/protection plan" means a plan that identifies tree protection areas where existing trees are to be preserved and where proposed replacement trees are to be planted on a property to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information. “Tree service” means a business whose primary operation is the trimming or removal of trees and the storage and use of associated equipment and vehicles. "Tree thinning" means selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way, shall be construed as clear cutting. "Trout streams" means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. “Truck staging or waiting area” means an area used for temporary truck waiting, dispatching, queueing, or idling generally not to exceed four (4) hours. For the purposes of this UDO, this definition shall not include loading zones associated with active loading and unloading activities. “Truck stop” means facility for parking of freight trucks for periods not exceeding twentyfour (24) hours for overnight rest, mandatory breaks, or temporary parking. “Truck storage facility” means a facility for the parking or storage of freight trucks for periods exceeding twenty-four (24) consecutive hours. Long-Term Truck Parking is not intended for short-term or overnight stays of drivers. “Truck terminal” means an area and building where trucks load and unload cargo and freight and where car and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. U "Understory tree”, “medium tree,” or “small tree" means a class of trees and large shrubs that do not attain the height of a canopy or shade tree, yet are large enough at maturity to provide shade for people, as well as many of the benefits of larger shade trees. Examples include Dogwood, Red Bud, Crabapple, Crepe Myrtle, Wax Myrtle, Ornamental Cherry, Hawthorne, and tree-type type hollies. "Undeveloped land" means land in its unaltered natural state or which has been notified to such minimal degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed undeveloped. Undeveloped land shall have no pavement, asphalt or compacted gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate or flow in a manner materially different than that which would occur if the land was in an unaltered natural state. "Undisturbed buffer" means a buffer, either impervious or vegetated, in which no encroachment of buildings or structures is permitted. "Unit of development" means the standard incremental measure of land development activity for a specific type of land use upon which the rate of demand for public service and facilities is based, such as a dwelling unit, square foot of floor area, motel room, etc. "Utility" means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads. “Utility box” means electric transformers, switch boxes, telephone pedestals, and telephone boxes, cable television boxes, traffic control boxes and similar devices. “Utility corridors” means rights-of-way or easements for utility lines on either publicly or privately owned property. “Utility services” means the generation, transmission, and/or distribution of electricity, gas, steam, communications and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation. V “Vacancy” or “vacant” means any unoccupied land, structure, building or part thereof that is available and suitable for occupancy. "Variance" means a grant of relief from the site design requirements of the unified development code related to dimensional standards for lots, building placement, building height, and parking spaces. "Vegetative erosion and sedimentation control measures" means measures for the stabilization of erodible or sediment-producing areas by covering the soil with: 1. Permanent seeding, sprigging or planting, that produces long-term vegetative cover; 2. Temporary seeding that produces short-term vegetative cover; or 3. Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication "Manual for Erosion and Sediment Control in Georgia. "Vehicle, abandoned" means a vehicle which does not bear a current State license plate, unless said vehicle is stored within a completely enclosed building or it is stored on a bona fide sales lot and is in satisfactory operating condition. “Village center” means a residential development consisting of multiple Tiny Houses, multiple Cottage Homes, or a combination of both, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.41 of this UDC. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management or development regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. W “Wall” means (1) the vertical exterior of a building; (2) one of the vertical interior surfaces that divide the building into rooms. “Warehouse” means a building used primarily for the storage of goods and materials. “Waste” means an unusable or unwanted substance or material. “Waste transfer station” means a facility used to transfer solid waste from one transportation vehicle to another for transport to a disposal facility or processing operation. "Watercourse" means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed, and banks and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater. "Watershed" means the land area that drains into a particular stream. "Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. "Wireless communications" means any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless communications services, including cellular, digital communications (DCS), personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television communications, and similar services that currently exist or that may in the future be developed. "Wireless telecommunications facility" means a structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. “Work day” or “working day” means a calendar day on which the offices of the City are open for normal business, excluding Saturdays, Sundays, and legal holidays observed by the City. "Wrecker service" means the recovering or removing wrecked, junked, abandoned, disabled or repossessed vehicles by a person, vehicle, or piece of equipment employed, especially a truck with a hoist and towing apparatus. Vehicle storage areas are only allowed with an approved conditional use. Dismantling of stored vehicles for resale purposes shall be prohibited. “Wrested vegetation” means as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action. X “Xeriscape” means landscape design encouraging the use of drought resistant plants and ground cover, as well as water conservation and retention techniques. Y "Yard" means a required open space located on the same lot as the principal building, unoccupied and unobstructed except for accessory uses, vegetation, and fences (1) "Front yard" means that area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. The front yard of a corner lot shall include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed. (2) "Rear yard" means that area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. The rear yard of a corner lot shall not include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. (3) "Side yard" means the area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard. “Yard sale” means the sale of miscellaneous used items, commonly associated with residential use, by the owner and/or occupants of a residential property on that property. Z "Zoning district" means the use classification of parcels of land as generally defined under this unified development code. "Zoning map" means a map of the City of Stockbridge, Georgia, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. "Zoning ordinance" means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein. O.C.G.A. § 36-66-3. Table of Contents CHAPTER 1: GENERAL PROVISIONS .......................................................................................... 6 1.1 Generally ..................................................................................................................... 6 1.2 Documents Adopted by Reference ............................................................................. 9 1.3 Rules of Interpretation .............................................................................................. 10 1.4 Zoning Map and Zoning Districts .............................................................................. 11 1.5 Transitional Provisions .............................................................................................. 13 CHAPTER 2: ZONING AND OVERLAY DISTRICTS ...................................................................... 16 2.1 Generally ................................................................................................................... 16 2.2 Official Zoning Map ................................................................................................... 16 2.3 Establishment of Zoning Districts ............................................................................. 16 2.4 District Conversions .................................................................................................. 25 2.5 Zoning Districts.......................................................................................................... 26 2.6 Legacy Zoning Districts .............................................................................................. 37 2.7 Special Purpose District ............................................................................................ 39 2.8 Overlay Districts ........................................................................................................ 44 CHAPTER 3: USE REGULATIONS .............................................................................................. 60 3.1 Use of Land................................................................................................................ 60 3.2 Supplemental Use Regulations ................................................................................. 72 CHAPTER 4: DEVELOPMENT STANDARDS ............................................................................. 132 4.1 Purpose and Intent ................................................................................................. 132 4.2 Applicability ............................................................................................................. 132 4.3 Site Design Standards.............................................................................................. 133 4.4 Architectural Guidelines.......................................................................................... 144 CHAPTER 5: PARKING REQUIREMENTS................................................................................. 159 5.1 Purpose ................................................................................................................... 159 5.2 Applicability ............................................................................................................. 159 5.3 Maintenance ........................................................................................................... 159 5.4 General .................................................................................................................... 160 5.5 Parking Calculation Requirements .......................................................................... 162 5.6 Required Parking Spaces and Loading Spaces ........................................................ 162 5.7 Handicap Parking Requirements............................................................................. 168 1 5.8 Design Standards..................................................................................................... 168 5.9 Shared Parking Arrangements ................................................................................ 172 5.10 Parking Garages .................................................................................................... 174 5.11 Bicycle Parking ...................................................................................................... 175 5.12 Stacking Spaces ..................................................................................................... 175 CHAPTER 6: SIGN STANDARDS .............................................................................................. 176 6.1 Legal Framework ..................................................................................................... 176 6.2 Review and Approval .............................................................................................. 178 6.3 Administration and Enforcement ........................................................................... 180 6.4 General Regulations ................................................................................................ 181 6.5 Illumination ............................................................................................................. 183 6.6 Authorized Signs by Land Use ................................................................................. 185 6.7 Permanent Signs ..................................................................................................... 185 6.8 Temporary Signs...................................................................................................... 192 6.9 Requirements for Master Sign Plans ...................................................................... 193 6.10 Landmark Signs ..................................................................................................... 194 6.11 Variances ............................................................................................................... 196 6.12 Nonconforming Signs ........................................................................................... 196 CHAPTER 7: NONCONFORMING STANDARDS ...................................................................... 197 7.1 Purpose and Intent ................................................................................................. 197 7.2 Determination of Lawful Nonconforming Situations.............................................. 197 7.3 Nonconforming Lots of Record ............................................................................... 198 7.4 Nonconforming Buildings and Structures ............................................................... 198 7.5 Nonconforming Uses of Property ........................................................................... 199 7.6 Nonconforming Improvements and Features ........................................................ 199 7.7 Termination of Detrimental Nonconforming Situations ........................................ 200 7.8 Nonconforming Manufactured Homes................................................................... 201 CHAPTER 8: REVIEW BODES AND ADMINISTRATORS ........................................................... 201 8.1 Review Bodies ......................................................................................................... 201 8.2 Planning Commission .............................................................................................. 201 8.3 Historic Preservation Commission .......................................................................... 204 8.4 Governing Body ....................................................................................................... 207 2 8.5 Community Development Director......................................................................... 208 CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES.............................................. 209 9.1 Purpose and Intent ................................................................................................. 209 9.2 Permits .................................................................................................................... 210 9.3 Timber Harvesting ................................................................................................... 220 CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES................................. 220 10.1 Generally ............................................................................................................... 221 10.2 Procedures Summary ............................................................................................ 223 10.3 Public Notice Requirements ................................................................................. 241 10.4 Procedures for Conducting Public Hearings ......................................................... 244 10.5 Requirements for Development(s) of Regional Impact ........................................ 245 10.6 Requirements for Designation of Historic Districts and Properties ..................... 246 10.7 Zoning of Annexed Property with Common Zoning Classification ....................... 248 10.8 Waivers ................................................................................................................. 248 CHAPTER 11: VARIANCES AND APPEALS............................................................................... 251 11.1 Variances ............................................................................................................... 251 11.2 Administrative Variances ...................................................................................... 254 11.3 Appeals of Administrative Decisions..................................................................... 255 11.4 Appeals of a Final Action by the Mayor and City Council ..................................... 257 CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT .............................................. 257 12.1 Authority ............................................................................................................... 257 12.2 Inspections ............................................................................................................ 257 12.3 Enforcement.......................................................................................................... 259 12.4 Stop Work Orders and Revocations ...................................................................... 263 12.4 Other Enforcement ............................................................................................... 263 12.6 Penalties for Violations ......................................................................................... 264 12.7 Appeals or Trials .................................................................................................... 264 12.8 Enforcement, Remedies, or Injunctive Relief ....................................................... 265 CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION ........................................ 265 13.1 General .................................................................................................................. 265 13.2 Applicability........................................................................................................... 266 13.3 Exemptions............................................................................................................ 267 3 13.4 Grandfathered Provisions ..................................................................................... 268 13.5 Procedures ............................................................................................................ 268 13.6 Tree Protection ..................................................................................................... 270 13.7 Buffer Requirements ............................................................................................. 286 13.8 Landscape Requirements ...................................................................................... 291 13.9 Timber Harvesting ................................................................................................. 296 13.10 Sureties ............................................................................................................... 296 13.11 Inspection ............................................................................................................ 297 13.12 Continuing Maintenance .................................................................................... 298 CHAPTER 14: SUBDIVISIONS ................................................................................................. 298 14.1 Subdivision Plat Process Applicability ................................................................... 298 14.2 Plat Procedures ..................................................................................................... 298 14.3 Review and Approval Authority ............................................................................ 299 14.4 Pre-Application Meeting ....................................................................................... 299 14.5 Preliminary Plat Requirements ............................................................................. 299 14.6 Exemptions from Preliminary Plat Procedures ..................................................... 301 14.7 Final Plat Requirements ........................................................................................ 302 14.8 Final Plat Recording .............................................................................................. 304 14.9 Appeals .................................................................................................................. 304 14.10 Expiration ............................................................................................................ 304 14.11 Requirements Regarding Ownership and Management of Open Space ............ 305 14.12 Requirements Regarding Stormwater Facilities ................................................. 305 14.13 Street Name and Sign Requirements.................................................................. 306 CHAPTER 15: ENVIRONMENTAL PROTECTION ..................................................................... 307 15.1 Stream Buffer Protection ...................................................................................... 307 15.2 Soil Erosion, Sedimentation, and Pollution Control ............................................. 312 15.3 Illicit Discharge and Illegal Connection. ................................................................ 325 15.4 Floodplain Management/Flood Damage Prevention ........................................... 329 15.5 Wetland Protection. .............................................................................................. 345 15.6 Watershed Protection........................................................................................... 348 15.7 Groundwater Recharge Protection ....................................................................... 352 15.8 Recycling of Water at Commercial Carwash Facilities .......................................... 354 4 15.9 Outdoor Watering ............................................................................................... 355 CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS ............................................................... 356 16.1 Multimodal Traffic Impact Studies (TIS) ............................................................... 356 16.2 Minimum Design Standards .................................................................................. 365 16.3 Streets ................................................................................................................... 366 16.4 Drainage Standards for Streets ............................................................................. 382 16.5 Bicycle Facilities Construction Standards.............................................................. 388 16.6 Sidewalk Construction Standards ......................................................................... 389 16.7 Trail Construction Standards................................................................................. 392 16.8 Transportation Improvement Projects ................................................................. 395 16.9 Streetlight and Pedestrian Light Requirements .................................................... 396 16.10 Drinking Water Conservation Requirements ...................................................... 398 CHAPTER 17: STORMWATER MANAGEMENT....................................................................... 399 17.1 Purpose and Intent ............................................................................................... 399 17.2 Applicability and General Standards ..................................................................... 401 17.3 Stormwater Design Manual .................................................................................. 402 17.4 Permit Application ................................................................................................ 403 17.5 Stormwater Concept Plan ..................................................................................... 405 17.6 Stormwater Management Plan............................................................................. 406 17.7 Performance Criteria............................................................................................. 411 17.8 Stormwater Management Design Requirements ................................................. 419 17.9 Stormwater Management Utility .......................................................................... 420 CHAPTER 18: GUARANTEES AND SURETIES .......................................................................... 428 CHAPTER 19: ACRONYMS AND DEFINITIONS ....................................................................... 434 19.1 Acronyms .............................................................................................................. 434 19.2 Definitions ............................................................................................................. 437 5 CHAPTER 1: GENERAL PROVISIONS 1.1 Generally 1.1.1 Short Title This ordinance shall be known as the "Unified Development Code of the City of Stockbridge, Georgia," and may be referred to herein as the " code," " ordinance," or the "UDC." 1.1.2 Components of this Unified Development Code This UDC contains the following parts: A. Text of this UDC; and B. The Official Zoning Map; and C. Any map amendment or conditions of approval adopted in accordance with this Code. 1.1.2 Authority The UDC is enacted based on the authority vested in the City of Stockbridge by the State of Georgia, including but not limited to the Georgia Constitution Article IX, Section 2, Paragraph IV, the Zoning Procedures Law, O.C.G.A. Chapter 36-66-1 et seq., and the charter of the City of Stockbridge, Georgia. 1.1.3 Purpose of the UDC This UDC is adopted for the purpose of promoting the public health, safety, and general welfare of the residents, property owners, and visitors to the City of Stockbridge and to encourage the orderly, harmonious, and judicious use of land, consistent with the goals, policies, and strategies of the City of Stockbridge Comprehensive Plan. More specifically, this UDC is adopted to accomplish the following purposes: A. To balance conservation with environmental stewardship by: 1. Conserving unique natural resources, including delicate ecosystems, forested areas, stream beds, water reservoirs, and archeological sites. 2. Promoting preservation and restoration of the native tree canopy. 3. Protecting the built and natural environments from air, water, noise, and light pollution. 4. Incentivizing the use of sustainable design features in new developments and projects. 5. Promoting the efficient use of land and preservation of open space. B. To achieve design excellence of the built environment by: 1. Providing parking and access standards that appropriately balance pedestrian and vehicular safety and result in safe pedestrian environments of the highest quality. 6 2. Providing design standards that result in attractive architecture and compatible transitions of uses, height, and building scale between existing and new developments. 3. Providing and promoting housing for all income groups within the City and promoting the stability of neighborhoods. 4. Ensuring development provides adequate light, air, convenience of access, and safety from fire, flood, and other dangers. C. To support enhanced quality of life by: 1. Supporting such timing, density, and distribution of land development and uses that will mitigate overcrowding of land to avoid undue concentration of population based on the availability of resources. 2. Reducing or mitigating congestion in the public streets. 1.1.4 Jurisdic on The regulations, standards, criteria, and procedures that are set forth in this UDC shall govern the design, development, and use of all land within the corporate limits of the City of Stockbridge, Georgia. 1.1.5 Minimum Requirements The provisions of this UDC are intended to be minimum requirements unless otherwise specified. Where the provisions of this UDC impose greater restrictions than other ordinances, the provisions of this UDC shall prevail. Where the provisions of another ordinance impose greater restrictions, the other ordinance shall prevail. 1.1.6 Conflic ng Provisions A. This is the City of Stockbridge Unified Development Code, and all other conflicting ordinances and resolutions are hereby repealed. B. If any provision of this UDC is found to be inconsistent with or preempted by state or federal law, regulation, or constitutional requirement, such provision shall be applied only to the extent permitted by law. In such cases, the applicable state or federal requirement shall govern. C. Nothing in this UDC shall be construed or applied in a manner that violates or is preempted by applicable state or federal law, including but not limited to the United States Constitution, the Constitution of the State of Georgia, the Georgia Zoning Procedures Law, the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Fair Housing Act, the Americans with Disabilities Act, or the Telecommunications Act of 1996, as amended. D. Where the provisions of this UDC conflict with other ordinances or regulations of the City of Stockbridge, the more restrictive provision shall govern, to the extent allowed by law. For purposes of this section, the more restrictive provision is the one that imposes more stringent controls or standards on development. These regulations are not intended to abrogate, annul, repeal, or otherwise impair or interfere with existing provisions of other ordinances or regulations except as expressly provided herein. E. The enforcement and interpretation of this UDC shall not be affected by deed restrictions, covenants, or easements, except those imposed as a condition of approval of development plans, special use permits, rezonings, or other approvals granted pursuant to this Unified Development Code. F. The issuance of any approval, certificate, or permit in accordance with the standards and requirements of this UDC shall not relieve the recipient of such approval, certificate, or permit from the responsibility of complying with all other applicable requirements from any other city, county, state, or federal agency having jurisdiction over structures or land for which the approval, certificate, or permit was issued. 1.1.7 Rela onship to the Comprehensive Plan The City of Stockbridge Comprehensive Plan, as is updated from time to time according to State requirements, is the official development policy and implementation guide for the City. Its purpose is to coordinate and direct physical and economic development, as well as related public investment, and to provide reasonable regulations for the development of private property in the interest of public health, safety, and welfare. The UDC is designed to implement all provisions of the comprehensive plan for the development and use of land. 1.1.8 Administrator The Community Development Director has been designated by the City of Stockbridge as the official who is charged with the administration of this UDC. The Director may, therefore, establish such rules and procedures as may be necessary. The Director is hereby authorized to interpret the provisions of this UDC whenever it is warranted and appropriate. The Director may authorize a designee to perform any action or duty which such officer, agency, or department is authorized to perform under this UDC. 1.1.9 Effect of Past Approval Condi on A. The adoption of this UDC shall not repeal or invalidate any special use or conditional approval, or any condition imposed upon a prior rezoning or development approval. Where conditions have been applied to a property or use through the map amendment, special use permit, variance, or similar zoning or quasi-judicial decision process, such conditions shall apply to all portions of the subject development. B. All conditions shall be met prior to the issuance of certificates of occupancy/completion for any development within the area subject to a rezoning/map amendment, variance, or special use permit, unless expressly stated in the condition itself. 1.1.10 Effec ve Date The provisions of this Ordinance become effective immediately upon adoption. Likewise, the term “Effective Date” shall refer to any subsequent adoption of any amendments. 1.1.11 Severability If any section, paragraph, clause, phrase, or provision of this UDC shall be adjudged to be invalid or held as being unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of remaining portions of this UDC. 1.2 Documents Adopted by Reference The documents identified in the following subsection include any attachments, future additions, appendices, indices, and amendments. 1.2.1 Func onal Road Plan The functional road plan, adopted in the Comprehensive Plan, describing the functional classifications and associated right-of-way requirements, is hereby adopted by reference and declared part of this UDC. This plan provides information to guide the City of Stockbridge in requiring dedication or preservation of land for rights-of-way for future streets. 1.2.2 Georgia Stormwater Management Manual The Georgia Stormwater Management Manual (GSMM) is hereby adopted by reference and declared to be a part of this UDC. The GSMM specifies the channel protection, flood control requirements and design standards necessary to control stormwater runoff and protect water quality. 1.2.3 Metro North Georgia Water Planning District Legislation for the creation of the Metropolitan North Georgia Water Planning District was enacted to develop regional- and watershed-specific plans for a sixteen-county area of Georgia. The City of Stockbridge is located within the water supply area, and it is a member of the Metropolitan North Georgia Water Planning District; thus, its enabling legislation also requires that all provisions that are established by the district, as may be amended from time to time, be implemented by the local governments. 1.2.4 Floodplain Management The City of Stockbridge is required to adhere to the floodplain management standards which are referenced in Paragraph 60.3(d) (44 CFR 59), based on its participation in the National Flood Insurance Program (NFIP). The adopted flood insurance study (FIS), with its accompanying maps and other supporting data (as well as any revisions thereto, as may be amended from time to time), are hereby adopted by reference and shall be the final authority concerning base flood elevations (BFE) for the City of Stockbridge, if they are available. 1.2.5 Building and Construc on Codes Each building and construction code that is listed has been approved by the State of Georgia, including any attachments, future editions, and amendments as may be approved by Mayor and City Council, are hereby adopted by reference as if it were set forth here in its entirety. A. International Building Code (ICC). B. National Electric Code, as is published by the National Fire Protection Association (NFPA). C. International Fuel Gas Code (ICC). D. International Mechanical Code (ICC). E. International Plumbing Code (ICC). F. International Residential Code for One- and Two-Family Dwellings (ICC). G. International Energy Conservation Code (ICC). H. International Fire Code (ICC). I. International Property Maintenance Code (ICC). J. Standard Amusement Device Code (SBCCI/ICC). K. Excavation and Grading Code (SBCCI/ICC). L. International Existing Buildings Code (ICC). M. Standard Swimming Pool Code (SBCCI/ICC). N. Standard Unsafe Building Abatement Code (SBCCI/ICC). O. The Code for Safety of Life from Fire in Buildings and Structures, as is contained in the National Fire Prevention Association Publication 101 (NFPA). 1.2.8 OSHA Safety and Health Regula ons All safety and health regulations that are promulgated by OSHA with regard to excavating and trenching operations, particularly Part 1926, Subpart P, "Excavation, Trenching, and Shoring" in Sections 1926.650, 1926.651, and 1926.652 of the Code of Federal Regulations, which now exists or may hereafter be amended, are hereby adopted as part of this UDC as if they were quoted verbatim here. 1.3 Rules of Interpreta on 1.3.1 Generally The following rules of interpretation shall apply to the administration of the UDC: A. Where any conflict in the administration of the UDC between the text of the UDC and any caption, illustration, or graphic presentation exists, the text of the UDC shall control. B. All statements that refer to "section" shall mean sections of this UDC, unless the statement clearly provides a reference to another document. C. More specific provisions of this UDC shall be followed in lieu of more general provisions. D. Where more than one (1) standard on the same subject is applied to the design and development of land, the stricter standard shall apply. E. In interpreting and applying the provisions of this UDC, the provisions shall be the minimum requirements for the promotion of health, safety, aesthetics, and welfare of the public. 1.3.2 Rules of Construc on of Language A. Words that are used in the present tense shall include the future tense. B. Words that are used in the singular number shall include the plural number, and words that are used in the plural number shall include the singular number. C. A word denoting the masculine gender shall extend and be applied to female persons; and to firms, partnerships, and corporations as well as to male persons. D. The word "may" is always permissive and never mandatory. The word "shall" is always mandatory. E. The word “day” shall mean a business day. F. The word "month" shall mean thirty (30) days. G. The word “year” shall mean a period of 365 days, or 366 days in a leap year, unless otherwise specified. H. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies, both political and corporate; as well as to individuals. I. The word "includes" shall not limit a term to the specified examples, but it is intended to extend its meaning to other instances or circumstances which are of like kind or character. J. The word “and” indicates that all connected items, conditions, provisions, or events shall apply. K. The word “or” indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. L. Words and phrases, except as specifically defined in this UDC, shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning, or as defined in the Complete Illustrated Book of Development Defini ons (2017, Routledge), as amended. Words that are defined by State or Federal law or regula on shall have the meaning ascribed to them by the law or regula on when used in the context of said law or regula on. 1.3.3 Abroga on This UDC is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this UDC and another ordinance conflict or overlap, whichever ordinance imposes the more stringent standard or restriction shall prevail. 1.4 Zoning Map and Zoning Districts 1.4.1 Official Zoning Map A. The official zoning map shall be adopted by resolution of the Mayor and City Council, which directs the identification of the official zoning map by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map of the City of Stockbridge, Georgia," together with the date of adoption. B. The official zoning map of the City of Stockbridge, Georgia, together with all explanatory notes thereon, is hereby adopted by reference and declared part of this UDC. C. If changes are made to district boundaries or other matter portrayed on the official zoning map in accordance with the procedural requirements set forth in Chapters 7 and 8 of the UDC regarding amendments to the official zoning map, such changes shall be entered on the official zoning map annually after the amendment has been approved by the Mayor and City Council recorded as an entry in the minutes of such City Council meeting as follows: "On __________, 20___ by official action of the Mayor and City Council, the following (change) changes (was) were made to the official zoning map: (brief description of nature of change or changes)." Such map entries shall be signed by the mayor and attested by the City Clerk. D. The official zoning map, which is located in the office of the Director, shall be the final authority as to the current zoning status of any parcel of land in the City. The official Zoning Map shall be kept up-to-date to reflect all property annexations and rezonings, all parcel changes due to recombination and subdivision actions, and all corrections to observed errors. E. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Mayor and City Council may, by ordinance, adopt a new official zoning map, which shall supersede the prior official zoning map. This new official zoning map shall: 1. Be corrected to remedy drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map. 2. Be re-adopted by the Mayor and City Council as needed. 3. Be identified by the signature of the mayor, attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on __________, 20___ as part of the UDC." F. Unless the previous official zoning map has been lost, or has been destroyed, the prior map or any significant remaining parts thereof shall be preserved, together with all available records pertaining to its adoption or amendment. G. If official zoning records are in conflict with the official zoning map and reveal drafting or other errors, such records shall be used to amend the official zoning map administratively. Further, notification of such errors shall be made to the Mayor and City Council for certification and re-adoption. 1.4.2 Overlay Districts The boundaries of the Overlay Districts referenced and identified in Chapter 2, Zoning and Overlay Districts are incorporated and made a part of the official Zoning Map of the City of Stockbridge. 1.4.3 Rules for Boundary Interpreta ons A. It is the intent of this UDC that the entire area of the City, including all land, water areas, rivers, streets, alleys, railroad and other rights-of-way, be included in the districts established by this UDC. If uncertainty exists with respect to the location of the boundaries of any zoning district in the City, the following rules shall apply: District boundaries indicated as approximately following the centerlines of streets or highways shall be construed as following the indicated centerlines. B. District boundaries indicated as approximately following street or highway right-of-way lines shall be construed as following the street or highway right-of-way lines. C. District boundaries indicated as approximately following lot or property lines shall be construed to follow such lot or property lines. D. District boundaries indicated as approximately parallel to the centerlines of streets, roads, highways, or railroads or rights-of-way of same, shall be construed as being parallel thereto and at such distance as indicated on the official zoning map. If no distance or legal description is given, the dimension shall be determined by the use of the scale shown on the official zoning map. E. Where a district boundary line divides a lot that is in single ownership upon the effective date of this UDC, the district requirements for each portion of such lot shall be deemed to apply. F. In the case of a through lot fronting on two (2) approximately parallel streets that is divided by a zoning district boundary paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the through lot. An alley shall not be used as a basis for identifying a through lot. Through lots may also be known as “double frontage lots.” G. Where zoning district boundaries are in doubt, the Director shall make such interpretation using the appropriate scale from the official zoning map. 1.5 Transi onal Provisions 1.5.1 Purpose The purpose of this Section shall be to establish the procedures for handling vested rights for application submittals and previous approvals that existed as of the Effective Date of this UDC or any future amendments thereto. 1.5.2 Viola ons Con nue Any violation of previous zoning ordinances shall continue to be a violation under this UDC and be subject to penalties and enforcement under this UDC unless the use, development, or activity complies, in its entirety, with the provisions of this UDC. The prosecution of violations which occurred under previous ordinances shall continue until resolved. 1.5.3 Prior Nonconformi es and Nonconforming Uses Any use, plan, structure, or property that was nonconforming under prior ordinances shall be considered a nonconformity under this UDC, except as may be otherwise provided under Chapter 7, Nonconforming Standards. The provisions of Chapter 7, Nonconforming Standards shall be applicable to all nonconformities. Any use, plan, structure, or property that was previously nonconforming that becomes conforming because of adoption of this UDC shall no longer be considered a nonconformity, provided that all applicable provisions of this UDC are complied with. 1.5.4 Effect of this Ordinance on Zoning Applica ons Submi ed and Prior Approvals A. Application Submitted. 1. Any application for a zoning map amendment (a rezoning) that was filed with the Community Development Department, which is full, accurate, and complete prior to the effective date of this UDC, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district, or if the proposed zoning district no longer exists in this Code, the Director shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant. 2. Any application which is before the Mayor and City Council or the Planning Commission (i.e., a rezoning, a zoning modification, a special use, a variance, or a land use amendment) that has been filed with the Community Development Department, which is full, accurate, and complete prior to the effective date of the ordinance from which this chapter is derived, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that if such application is no longer required by the terms of this Code, the application will be dismissed. 3. Zoning requests that were denied, but for which the applicant has filed an appeal to Mayor and City Council as of the effective date of the UDC. B. Approved Zoning Applications. Any development or project for which a zoning application has been approved under this provision may proceed to completion of the applicable permitting processes as provided herein, at the applicant’s option. 1.5.5 Effect of this Ordinance on Permit Applica ons Submi ed and Prior Approvals A. Applications Submitted. Any development or building activity for which a valid, accurate, and complete application for a Land Development Permit or Building Permit has been received prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion, and permits, and other authorizations may be issued as though this Ordinance had not been adopted. B. Approved Permits and other Authorizations. Any development or building activity for which a Land Development Permit or Building Permit has been issued prior to the adoption of this Ordinance may, at the applicant’s option, proceed to completion, and permits may be issued as though the Ordinance had not been adopted. Permits shall be determined issued if all fees have been paid and the appropriate permit documentation has been released to the applicant by the City. C. Effect upon Validity of Applications, Permits, and Other Authorizations. The adoption of this Ordinance shall not be construed to affect the validity of any permit that was lawfully issued prior to the Effective date of this Ordinance, so long as: 1. Such permit has not by its own terms expired prior to such Effective Date; 2. Actual building or land development construction has commenced prior to the expiration of such permit; 3. Applications, permits, and other authorizations comply with the process and timing outlined for expirations in Section 9.2, Permits. 4. Actual building or land development construction is carried on pursuant to said permit and is limited to, and in strict accordance with, said permit; and 5. Any future change in the use or development of the property or any structure thereon shall conform with the most recent version of this UDC. D. Effect upon Validity of Subsequent Applications. If any development or building activity requires a series of applications (i.e., Land Development Permit, application for a variance, building permit, etc.), if one application is filed prior to the Effective Date of this UDC, all applications shall be reviewed under the ordinance that is in force and in effect at the time the first application is completed and it shall be approved if it is in compliance with said ordinance, at the applicant’s option. Any subsequent applications that are authorized to be processed under this section shall be identified during the review process of the initial, vested application, or they shall be included in the documentation that is submitted with the vested application (i.e., a development site plan that demonstrates the need or intent of the subsequent application(s)). 1.5.6 Effect of this Ordinance on Subdivision Applica ons Submi ed and Prior Approvals A. Subdivision Applications Submitted. Any subdivision for which a valid and complete subdivision application has been submitted prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion, and such applications may be reviewed and approved in accordance with the subdivision regulations that are in effect at the time of submission, as though this Ordinance had not been adopted. B. Approved Subdivision Plans. Any subdivision plan that was approved prior to the Effective Date of this Ordinance may, at the applicant’s option, proceed to completion under the terms of the previously-approved plan, and in accordance with the subdivision regulations that were in effect at the time of such approval. Approvals shall be deemed valid if all applicable conditions have been met and no expiration has occurred under the provisions that were in effect at the time of approval. Any future resubmittal, amendment or new phase of development shall conform with the most recent version of this UDC. CHAPTER 2: ZONING AND OVERLAY DISTRICTS 2.1 Generally All buildings, land, and structures shall be used in accordance with the comprehensive plan for the City of Stockbridge, and they shall comply with the development standards of the applicable zoning district which is established in this chapter. Such buildings, land, and structures shall be occupied or used only in conformity with each of the standards that are set forth herein for the district in which they are located. 2.2 Official Zoning Map The City of Stockbridge is hereby divided into zoning districts, as is shown on the “City of Stockbridge Official Zoning Map”, together with all explanatory notes thereon. The official zoning map may be amended according to procedures that are established in this UDC. Said map shall be made a public record and shall be kept permanently in the Community Development Department, where the maps or accurate reproductions thereof, will be accessible to the general public, upon request. 2.3 Establishment of Zoning Districts A. The zoning districts which are established in this UDC are comprised of base districts and overlay districts. The base zoning districts refer to "how a property is zoned," while the overlay districts are special areas of the city where additional regulations apply. Many properties in the city have overlay districts in addition to their base zoning districts, whereby properties must comply with the regulations of both districts. If there is any conflict between a property's base zoning district and its overlay district, the overlay district regulations shall rule. B. Current Zoning Districts. The City of Stockbridge is hereby divided into the following zoning districts. They are grouped by residential districts, commercial districts, industrial districts, and overlay districts in Table 2.3.B, City of Stockbridge Current Zoning Districts below. Table 2.3.B – City of Stockbridge Current Zoning Districts. Residential Zoning Districts RR RR, Rural Residential District NR NR, Neighborhood Residential District SR SR, Suburban Residential District CCR City Center Residential District MFR Multiple Family Residential District MHR Mobile Home Residential District Commercial, Office, and Institutional Zoning Districts C1 C2 OI Industrial Zoning Districts LI HI Mixed Use Zoning Districts DT MUS MU PUD Overlay Districts PMU DTV Neighborhood Commercial District General Commercial District Office Institutional District Light Industrial District Heavy Industrial District Downtown District Mixed Use Suburban District Mixed Use District Planned Unit Development District Parkway Mixed Use Overlay District Downtown Village Overlay District C. Required Dimensional Standards. The following Lot and Building Regulations are applicable in all districts. These regulations offer certainty for property owners, developers and neighbors about the limits of what is allowed; they are not to be construed as a guarantee that stated minimums and maximums can be achieved on every lot. Other factors, such as topography, the presence of protected resources, offstreet parking, and other factors may work to further limit actual building and development poten al. 1. Figures 2.3.C.1 through 2.3.C.6 below illustrate sample dimensional and lot coverage standards, as they relate to Table 2.3.C, Required Dimensional Standards, which provides the minimum required lot dimensional standards for each zoning district. Figure 2.3.C.1 - Dimensional Standards Figure 2.3.C.2 - Lot Coverage Standards Figure 2.3.C.3 - Building Height Mansard Roof Figure 2.3.C.4 - Building Height Gable Roof Figure 2.3.C.5 - Building Height Hip Roof Figure 2.3.C.6 - Building Height Flat Roof Table 2.3.C – Required Dimensional Standards Residential Districts Standard RR NR SR Water & 1 acre Sewer System Minimum Water Lot Size & (in acres 1 acre 20,000 sf 12,000 sf Septic or square Tanks feet) Private Wells & 1.25 Septic acres Tanks Minimum Lot Width 150 100 75 (in feet) Minimum lot 150 100 75 frontage (in feet) Lot Coverage (as a percent of total 30% 30% 30% area) Minimum Street 75 50 50 Setback (in feet) Side Setback (in 20 15 10 feet) Rear Setback (in 40 40 40 feet) Minimum Distance Between Buildings N/A N/A N/A (in feet) Minimum Open Space (as a percent N/A N/A N/A 7 of total area) Minimum Residential Floor 1,500 1,300 1,050 Area (heated square footage) Maximum Building Height – Principal (in 35 35 35 feet) CCR MFR5 6,000 sf 2 acres4 50 100 35 100 50% 50% 25 30 10 15 20 20 N/A 20 N/A 15% 850 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) 40 45 Maximum Building Height – Accessory 15 15 15 15 (in feet) Commercial, Office, and Institutional Zoning Districts Standard OI C1 Minimum Lot Size (in acres or square 20,000 sf 10,000 sf feet) Water & 100 60 Sewer Minimum System Lot Width Water (in feet) & 125 60 Septic Tanks Water & 100 60 Minimum Sewer System lot frontage Water (in feet) & 125 60 Septic Tanks Lot Coverage (as a percent of total 70% 70% area) Minimum Street 50 50 Setback (in feet) Side Setback (in 15 10 feet) Rear Setback (in 20 20 feet) Minimum Distance Between Buildings 20 20 (in feet) Minimum Open Space (as a percent N/A N/A of total area)7 Maximum Building Height – Principal (in 45 35 feet) 15 C2 10,000 sf 100 100 100 100 70% 50 10 20 20 N/A 35 Maximum Building Height – Accessory (in feet) Standard Minimum Lot Size (in acres or square feet)1 Minimum Lot Width (in feet) Minimum lot frontage (in feet) Lot Coverage (as a percent of total area) Minimum Street Setback (in feet) Side Setback (in feet) Rear Setback (in feet) Minimum Distance Between Buildings (in feet) Minimum Open Space (as a percent of total area)7 Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) Standard Minimum Lot Size (in acres or square feet) Minimum Lot Width (in feet) Minimum lot frontage (in feet) Lot Coverage (as a percent of total area) Minimum Street Setback (in feet) Side Setback (in feet) Side Setback – with windows and door (in feet) Rear Setback (in feet) Minimum Open Space (as a percent of total area) 15 15 Industrial Zoning Districts LI 15 HI 30,000 SF 1 acre 100 100 150 150 50% 50% 70 70 10 20 10 40 20 20 N/A N/A 75 75 60 60 Mixed-Use Zoning Districts DT MUS MU N/A 3 acres4 2 acres4 N/A 100 100 N/A 100 100 90% 90% 90% 20 30 20 0 15 15 10 N/A N/A 10 20 20 N/A 20% 10% Minimum Residential Floor Area (heated square footage) Maximum Building Height – Principal (in feet) Maximum Building Height – Accessory (in feet) 600 - studio 800 – 1 bedroom 1,000 - 2 bedroom 1,100 - 3 bedroom 600 - studio 800 – 1 bedroom 1,000 - 2 bedroom 1,100 - 3 bedroom 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) 45 45 45 15 15 15 Legacy Zoning Districts MHR6 Standard C3 Minimum Lot Size (in acres or 15 acres4 10,000 sf square feet) Minimum Lot Water & Sewer 5,000 sf N/A Size – Per System mobile home lot (in acres Water & Septic 18,000 sf N/A or square Tanks feet) Minimum Lot Width (in feet) 125 100 Minimum lot frontage (in feet) 125 100 Lot Coverage (as a percent of 40% 70% total area) Minimum Street Setback (in 60 70 feet) Side Setback (in feet) 15 10 Rear Setback (in feet) 40 30 Minimum Distance Between 20 20 Buildings (in feet) Minimum Open Space (as a 20% N/A percent of total area) Minimum Residential Floor 720 N/A Area (heated square footage) Maximum Building Height – 35 45 Principal (in feet) Maximum Building Height – 15 15 Accessory (in feet) 1. Where a use standard conflicts with the lot standard, the use standard shall govern. 2. Setbacks and Lot Coverage may differ from the chart based on alternative overlay district standards. 3. For lots where access is provided via an easement, the front setback shall be measured from the edge of the access easement in the same manner as a property line that fronts a public street. 4. The project area for developments within the MHR, MFR, MUS, and MU districts shall meet the minimum lot size, lot width, and lot frontage. 5. For a development containing townhomes within the MFR district, the maximum net density for the townhomes shall be 9 units per acre and the maximum unit width shall be 24 feet. 6. For the MHR district, the development must contain a minimum of 50 units. 7. All developments with a cumulative parcel area greater than three (3) acres, except for those in the DT, MHR, MUS, MU, and MFR zoning districts, shall provide open space in accordance with Section 4.3.3, Open Space Requirements. 2.4 District Conversions A. During the preparation of this new UDC, some zoning districts were retained; some districts were converted to new districts or combined with other districts; some districts were removed; and new districts were added. B. Table 2.4, City of Stockbridge Zoning District Conversion Chart provides the district conversions. C. On and after the Effective Date, all provisions of this UDC which are applicable to a zoning district shall govern properties that were previously classified in the corresponding zoning district. All references in any prior approvals or documents to the former district shall be construed to refer to the new zoning district name and designation. This renaming does not change any previously approved boundaries, conditions, or entitlements. Table 2.4 – City of Stockbridge Zoning District Conversion Chart Zoning District Designation Under this Previous Zoning District Designation Unified Development Code Residential Zoning Districts RR, Rural Residential RR, Rural Residential District NR, Neighborhood Residential District SR, Suburban Residential SR, Suburban Residential District CCR, City Center Residential District CCR, City Center Residential District MFR, Multiple Family Residential MFR, Multiple Family Residential District MHR, Mobile Home Residential RETIRED Commercial, Office, and Institutional Zoning Districts OI, Office-Institutional OI, Office-Institutional District C1, Neighborhood Commercial C1, Neighborhood Commercial District C2, General Commercial C2, General Commercial District C3, Heavy Commercial RETIRED Industrial Zoning Districts LI, Light Industrial LI, Light Industrial District HI, Heavy Industrial Mixed-Use Districts DT, Downtown PUD, Planned Unit Development HI, Heavy Industrial District DT, Downtown District PUD, Planned Unit Development District MUS, Mixed Use Suburban District MU, Mixed Use District 2.5 Zoning Districts The following sections present those minimum dimensional standards that must be met in R1—Single Family Residential District the respective zoning districts, established in this UDC. 2.5.1 R1—Single Family Residen al District A. District Intent. The intent of the R1 District is to preserve the larger-lot agricultural and residential character of land which presently serves as a transitional buffer between existing rural land and future urban development. This district supports homes on expansive lots in subdivision developments. B. Dimensional Standards. Table 2.5.1, R1 District Dimensional Standards states the minimum standards for the R1 zoning district. Table 2.5.1 – R1 District Dimensional Standards LOT DIMENSIONS Min. lot size (public water/sewer and/or 1 acre septic) Min. lot size (private well and septic) 1.25 acres Min. lot width (ft) 150 Min. lot frontage (ft) 150 SETBACKS (Ft) Street/Easement 75 Side 20 Rear 40 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 30% Min. residential floor area (heated sq. ft) 1,500 Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures R2—Single Family Residential District 2.5.2 R2—Single Family Residen al District A. District Intent. The intent of the R2 District is to provide for traditional single-family neighborhoods at low to moderate densities. B. Dimensional Standards. Table 2.5.2, R2 District Dimensional Standards states the minimum standards for the R2 zoning district. Table 2.5.2 – R2 District Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 20,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 50 Side 15 Rear 40 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 30% Min. residential floor area (heated sq. ft) 1,300 Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures R3—Single Family Residential District 2.5.3 R3—Singly Family Residen al District. A. District Intent. The intent of the R3District is to provide compact residential housing types on moderate lots while maintaining the suburban character of existing neighborhoods. This district supports walkable block patterns. B. Dimensional Standards. Table 2.5.3, R3 District Dimensional Standards states the minimum standards for the R3 zoning district. Table 2.5.3 – R3 Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Street/Easement 12,000 75 75 50 Side Rear OTHER REQUIREMENTS Min. open space Max. lot coverage Min. residential floor area (heated sq. ft) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 10 40 15% 30% 1,050 35 15 CCR—City Center Residential District 2.5.4 CCR—City Center Residen al District A. District Intent. The intent of the City Center Residential (CCR) District is to provide a diversity of residential housing types on smaller lots where public sewer systems are present, when they are a part of a planned development project. This district supports planned residential development that contributes to a vibrant city center. B. Dimensional Standards. Table 2.5.4, City Center Residential District Dimensional Standards states the minimum standards for the CCR zoning district. Table 2.5.4 – City Center Residential District (CCR) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 6,000 Min. lot width (ft) 50 Min. lot frontage (ft) 35 SETBACKS (Ft) Street/Easement 25 Side 10 Rear 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Min. residential floor area (heated sq. ft) 850 Max. building height (ft) for principal 40 structures Max. building height (ft) for accessory 15 structures MFR—Multiple Family Residential District 2.5.5 MFR—Mul ple Family Residen al District A. District Intent. The intent of the Multiple Family Residential (MFR) District is to allow the development of multiple family residences served by public water and sewer systems, located along collector streets or higher-classification roadways. This district supports urban scale residential development at an average density of fourteen (14) dwelling units per acre. The city should promote an average density of fourteen (14) dwelling units per acre or higher. B. Developments within this district shall provide the following: 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10) foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. C. District Standards, Multi-Family. Table 2.5.5.C, Multi-Family Standards states the minimum standards for apartment or condo developments within the MFR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.5.C – Multi-Family Standards LOT DIMENSIONS Min. lot area for development Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Street/Easement Side Rear Distance Between Buildings OTHER REQUIREMENTS Max. lot coverage Min. open space Max. unit width (townhomes) Min. residential floor area (heated sq. ft) 2 acres 100 100 30 15 20 20 50% 15% 24 ft. 650 (studio) 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom) Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures D. Table 2.5.5.C, Townhome Standards states the minimum standards for townhome developments within the MFR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.5.C – Townhome Standards LOT DIMENSIONS Min. lot area for development Min. lot width (ft) Min. lot frontage (ft) Min. unit width (ft) Max. net density (townhomes) Max. number of lots Max. units per building SETBACKS (Ft) Street/Easement Side Rear Distance Between Buildings OTHER REQUIREMENTS Max. lot coverage Min. open space Max. unit width (townhomes) Min. residential floor area (heated sq. ft) Townhome min. residential floor area (heated sq. ft.) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures Private Streets Curb and Gutter Paved Driveways 2 acres 100 100 24 9 townhome dwelling units per acre, unless otherwise permitted as part of an approved mixed-use development or Planned Unit Development. As specified in the approved development plan. 6 dwelling units 30 10 20 20 50% 15% 24 ft. 1,000 (1 bedroom) 1,300 (2 bedroom) 1,400 (3 bedroom) An additional 200 square feet for each additional bedroom 1,800 45 15 Permitted. Required, except along approved alleys. Required. Sidewalks Streetlights Underground Utilities Public Sewer Public Water Residential Parking Garage Electric Vehicle (EV) Parking Alleys Porches Concurrent Construction Requirement Architectural Requirements Multi-Use Paths Required. Required in accordance with City standards. Required. Required. Required. Each townhome dwelling unit shall be provided with a minimum two (2) car garage. One (1) EV-capable parking space shall be provided for every ten (10) parking spaces, not to exceed thirty (30) spaces. Permitted, but not required. Permitted, but not required. As specified in the approved development plan. Shall comply with the Townhome Development Standards and Architectural Design Guidelines contained herein. A 10 foot multi-use path shall be provided along the frontage of the development, with 8 foot interior multi-use paths or trails provided where required by the approved development plan. DT—Downtown District 2.5.6 DT—Downtown District A. District Intent. The intent of the Downtown (DT) District is to maintain, enhance, and expand the development patterns and mixed use and open space character of Downtown Mainstreet. The district also supports compatible infill and redevelopment opportunities. Development standards within the district are intended to continue historic development patterns and promote a predominant land use activity for retail, dining, entertainment, cultural resources, community events/festivals, and compatible residential options, while still allowing flexibility for other uses to locate in the district. B. District Standards. Table 2.5.6, Downtown District Dimensional Standards states the minimum standards for the DT zoning district. Table 2.5.6 – Downtown District (DT) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) N/A Min. lot width (ft) N/A Min. lot frontage (ft) N/A SETBACKS (Ft) Street/Easement 0 Side 0 Side (with windows and doors) 10 Rear 10 OTHER REQUIREMENTS Min. open space Max. lot coverage Min. residential floor area (heated sq. ft) Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 15% 90% 600 (studio) 800 (1 bedroom) 1,000 (2 bedroom) 1,100 (3 bedroom) 45 15 OI—Office Institutional District 2.5.7 OI—Office Ins tu onal District A. District Intent. The intent of the Office Institutional (OI) district is to provide locations for the development of offices, banks, and personal business services which can serve as a transitional uses between residential and commercial areas. This district supports lowimpact employment uses that complement surrounding neighborhoods. B. District Standards. Table 2.5.7, Office Institutional District Dimensional Standards states the minimum standards for the OI zoning district. Table 2.5.7 – Office Institutional District (OI) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 20,000 Min. lot width (ft) with public water/sewer 100 Min. lot width (ft) with public water and 125 septic Min. lot frontage (ft) with sewer 100 Min. lot frontage (ft) with septic 125 SETBACKS (Ft) Street/Easement 50 Side 15 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 70% Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures C1 – Neighborhood Commercial District. 2.5.8 C1—Neighborhood Commercial District A. District Intent. The intent of the Neighborhood Commercial (C1) District is to provide locations for limited retail and service uses to satisfy the common and frequent needs of nearby neighborhoods. This district supports cohesive neighborhood commercial centers with unified architecture and scale, to be accessed on minor arterial roadways. B. District Standards. Table 2.5.8, Neighborhood Commercial District Dimensional Standards states the minimum standards for the C1 zoning district. Table 2.5.8 – Neighborhood Commercial District (C1) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 60 Min. lot frontage (ft) 60 SETBACKS (Ft) Street/Easement 50 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 70% Max. building height (ft) for principal 35 structures Max. building height (ft) for accessory 15 structures C2—General Commercial District 2.5.9 C2—General Commercial District A. District Intent. The intent of the General Commercial (C2) District is to provide locations for a wide variety of retail, service, and wholesale establishments to satisfy the common and frequent needs of residents across the county and of the traveling public. It is the intent of this district to encourage businesses to be part of planned commercial centers, neighborhood or community shopping centers, and/or developed sections along minor arterials or high-classification roadways. B. District Standards. Table 2.5.9, General Commercial District Dimensional Standards states the minimum standards for the C2 zoning district. Table 2.5.9 – General Commercial District (C2) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) Min. lot frontage (ft) SETBACKS (Ft) Street/Easement Side Rear Min. distance between buildings OTHER REQUIREMENTS Min. open space Max. lot coverage Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 100 100 50 10 20 20 15% 70% 35 15 LI—Light Industrial District 2.5.10 LI—Light Industrial District A. District Intent. The intent of the Light Industrial (LI) District is to provide for light industrial uses, all of which shall be nuisance-free and not generators of hazardous wastes. This district supports light industrial uses located on either arterial or major collector roadways, or within industrial parks having access to such thoroughfares. B. District Standards. Table 2.5.10, Light Industrial District Dimensional Standards states the minimum standards for the LI zoning district. Table 2.5.10 – Light Industrial District (LI) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 30,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 20 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Max. building height (ft) for principal 75 structures Max. building height (ft) for accessory 60 structures HI—Heavy Industrial District 2.5.11 HI—Heavy Industrial District A. District Intent. The intent of the Heavy Industrial (HI) District is to provide for the broadest range of industrial activities, including uses that involve occasional nuisance factors. These uses are to be located on either an arterial or major collector roadway, or within industrial parks having access to such thoroughfares. B. District Standards. Table 2.5.11, Heavy Industrial District Dimensional Standards states the minimum standards for the HI zoning district. Table 2.5.11 – Heavy Industrial District (HI) Dimensional Standards LOT DIMENSIONS Min. lot size 1 acre Min. lot width (ft) 150 Min. lot frontage (ft) 150 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 40 Min. distance between buildings 20 OTHER REQUIREMENTS Min. open space 15% Max. lot coverage 50% Max. building height (ft) for principal 75 structures Max. building height (ft) for accessory 60 structures A. MU—Mixed Use District 2.5.12 MU—Mixed Use District A. District Intent. The intent of the Mixed Use (MU) District is to provide for mixed-use development within strategic growth areas The district is intended to create compact, walkable, and interconnected mixed-use environments that support employment, commercial activity, housing diversity, entertainment, and regional economic development. The district supports a compatible blend of residential, commercial, office, civic, and limited service uses in a suburban context while promoting improved site design, multimodal connectivity, and reinvestment B. Developments within this district shall provide the following: 1. Public water and sewer systems; 2. Roads with curb and gutter; 3. Eight (8) foot internal sidewalks, in accordance with Section 16.6, Sidewalk Construction Standards; 4. Underground utilities; 5. A ten (10) foot multi-use paths shall be required along the entire frontage of the development; and 6. The development shall provide centralized garbage facilities for garbage and refuse collection for a certain number of units or percentage of units located within building throughout the development. 7. Properties that are adjoining are required to have curb cuts to adjacent properties to create a connection between the two (2) properties. This requirement may be exempted by the Director upon a determination, supported by site-specific analysis, that interparcel connection is not feasible due to traffic concerns or topographic constraints. C. District Standards. Table 2.5.12, Mixed Use District Standards states the minimum standards for the MU zoning district. D. The project area for developments within the MU zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.5.12 – Mixed Use District (MU) Standards LOT DIMENSIONS Min. lot size for development 3 acres Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 30 Side 15 Rear 20 OTHER REQUIREMENTS Max. lot coverage 80% Min. open space 20% Min. residential floor area (heated sq. ft) 650 (studio) 800 (1 bedroom) 950 (2 bedroom) 1,150 (3 bedroom) Townhome min. residential floor area 1,000 (1 bedroom) (heated sq. ft.) 1,300 (2 bedroom) 1,400 (3 bedroom) An additional 200 square feet for each additional bedroom Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 45 15 2.6 Legacy Zoning Districts A. Legacy Zoning Districts represent those zoning districts that have been retired. The purpose of Legacy Zoning Districts is to retire outdated zoning districts as part of the adoption of this UDC, to simplify and modernize the City’s zoning framework, and provide for the continued regulation of existing properties within these districts until such properties are rezoned to a zoning district established by this UDC. B. No application to rezone property to this district will be heard from the effective date of this UDC. C. All areas currently zoned under one of the following zoning districts shall abide by the regulations provided therein. MHR – Mobile Home Residential District. 2.6.1 MHR – Mobile Home Residen al District A. District Intent. The intent of the Mobile home Residential District is to accommodate mobile home developments as attractive and attainable housing options. Mobile home parks shall be designed in accordance with O.C.G.A §§ 8-2-160 through 168, the State Board of Health requirements, and the requirements of this Code. B. District Standards. Table 2.6.1, Mobile Home Residential District Standards states the minimum standards for the MHR zoning district. C. The project area for developments within the MHR zoning district shall meet the minimum lot size, lot width, and lot frontage. Table 2.6.1 – Mobile Home Residential District (MHR) Standards LOT DIMENSIONS Min. lot size for development 15 acres Min. lot size per mobile home lot with 5,000 public water and sewer (sq. ft.) Min. lot size per mobile home lot with 18,000 public water and septic (sq. ft.) Min. lot width (ft) 125 Min. lot frontage (ft) 125 SETBACKS (Ft) Front 60 Side 15 Rear 40 Min. distance between buildings 20 OTHER REQUIREMENTS Max. lot coverage Min. open space Min. residential floor area (heated sq. ft) Min. number of units per development Max. building height (ft) for principal structures Max. building height (ft) for accessory structures 40% 20% 720 50 35 15 C3 – Heavy Commercial District 2.6.2 C3—Heavy Commercial District A. District Intent. The intent of the C-3 District is to provide distinct areas for commercial activities which provide products and services that require locations along major arterial roads, highway intersections, and freeway interchange areas, due to their generation of heavy traffic or their need to transport and display heavy bulk materials, and which provide services that would not be appropriately located in areas providing neighborhood or other commercial retail and service activities. Uses in this district shall be located on roads having a minimum classification of major arterial. B. District Standards. Table 2.6.2, Heavy Commercial District Dimensional Standards states the minimum standards for the C3 zoning district. Table 2.6.2 – Heavy Commercial District (C3) Dimensional Standards LOT DIMENSIONS Min. lot size (sq. ft.) 10,000 Min. lot width (ft) 100 Min. lot frontage (ft) 100 SETBACKS (Ft) Street/Easement 70 Side 10 Rear 30 Min. distance between buildings 20 OTHER REQUIREMENTS Max. lot coverage 70% Max. building height (ft) for principal 45 structures Max. building height (ft) for accessory 15 structures 2.7 Special Purpose District 2.7.1 PUD—Planned Unit Development District A. District Intent. The intent of the Planned Unit Development (PUD) District is to: 1. Allow the development of balanced neighborhoods containing physical, economic, and social assets which are difficult to achieve through the traditional separation of use and density zones; 2. Provide an appropriate district for mixed-use developments to obtain developments resulting in harmonious groupings of uses, structures, and shared facilities; 3. Allow flexibility in design for environmentally challenged properties, thereby supporting preservation of a property’s natural characteristics; and 4. Encourage innovations in quality residential and commercial development and renewal to better support the efficient use of land and meet local market needs. B. Establishment of a PUD District. 1. A PUD may be requested on any property or properties within the City that meet the minimum standards herein, and in accordance with the rezoning procedures of Chapter 10, Public Hearing Application, Review Procedures, to establish the boundaries and regulations of the PUD. 2. No PUD district may be established without the concurrent approval of Overall Development Standards (ODS) and an Overall Development Plan (ODP) by Mayor and City Council. 2.7.2 PUD—Minimum Standards A. PUDs shall demonstrate consistency with the Comprehensive Plan and the approved Overall Development Plan (ODP). B. A phasing plan shall be required for projects expected to take more than five (5) years to complete. Any variation to the phasing plan in timing or sequencing of uses shall be considered a Major Modification. C. Previously developed portions of a site may not be counted toward meeting any minimum open space, design, or benefit/amenity requirements. D. Proposed PUDs shall provide at least two (2) required characteristics from Section 2.7.3, PUD Required Characteristics. E. Any development standards not expressly defined by the ODP shall be regulated by the UDC and other applicable ordinances. Where the ODP conflicts with a base UDC standard, the approved ODP shall govern. F. Unless otherwise approved as part of the ODP, the following minimum standards apply: 1. Streets shall be a minimum of 26 feet, curb to curb, in accordance with Chapter 16, Infrastructure Improvements. All other access management provisions of Chapter 4, Development Standards shall be met. 2.7.2 PUD—Required Characteris cs A. At a minimum, each PUD shall provide a combination of at least two (2) of the following characteristics that support the innovative nature of the request. Fulfillment of each required characteristic shall be at the discretion of the Community Development Director and shall remain in place for the life of the project or as necessary to carry out the intent: 1. New or unique concept or land use. A project shall describe the extent that it is a new concept or land use, meaning there are no other developments within 2,000 feet like the proposed development and the project will demonstrate how the business/development concept will be successful in the City of Stockbridge. 2. Cluster Development. A project designed utilizing a clustered development pattern intended to preserve open space, reduce infrastructure impacts, and encourage coordinated site design. To qualify under this characteristic, the project shall demonstrate how dwelling units or structures are grouped in a manner that preserves meaningful common open space or environmental features while maintaining overall development quality and compatibility. At a minimum, cluster developments shall include the following features: a. Buildings or dwelling units shall be arranged to preserve usable open space, natural features, or environmentally sensitive areas; b. A minimum of twenty percent (20%) of the gross site area shall be preserved as common open space, conservation area, or usable community space, excluding required perimeter buffers and stormwater detention facilities unless designed as an integrated amenity; c. Common open spaces shall be connected through pedestrian pathways, trails, sidewalks, or other internal circulation systems; d. The development shall utilize shared access points, reduced roadway lengths, shared driveways, or other design techniques intended to minimize impervious surface coverage and infrastructure demands where permitted by applicable engineering and public safety standards; e. Open space areas shall include at least one community-oriented amenity, such as a pavilion, community garden, playground, seating area, walking trail, dog park, or similar feature approved by the Community Development Director; and f. The project shall demonstrate compatibility with surrounding development patterns through coordinated architecture, landscaping, buffering, or transitional design elements. 3. Tiny Home Development. A project designed as a unified tiny home or cottagestyle residential development that promotes innovative housing opportunities, efficient land utilization, and community-oriented site design. To qualify under this characteristic, the project shall demonstrate how the development incorporates high-quality design standards and shared amenities that support long-term residential livability and compatibility. At a minimum, tiny home developments shall include the following features: a. Tiny homes shall be developed as part of a unified master-planned development and shall not consist of scattered individual lots lacking coordinated site design; b. The development shall include shared common open space or community gathering areas designed to encourage resident interaction and neighborhood cohesion; c. Tiny homes shall maintain consistent architectural character, building materials, roof forms, and design elements throughout the development; d. Parking areas, refuse collection areas, utility connections, and mechanical equipment shall be screened from public streets and adjacent properties; e. The development shall include pedestrian connections between dwelling units, parking areas, open spaces, and shared amenities; f. Tiny home developments shall provide a minimum of ten percent (10%) of the gross site area as usable common open space or community amenity areas; and g. The project shall demonstrate how the development supports attainable or workforce housing opportunities, innovative residential design, or diversification of the City’s housing stock. 4. Adaptive Reuse Project. The project shall preserve a substantial portion of an existing structure of relative significance or architectural interest. 5. Senior Housing. A project designed to support aging in place, accessibility, and independent living for older adults through thoughtful building design, site planning, and amenities. To qualify under this characteristic, the project shall demonstrate how it incorporates age-friendly design features and services that enhance safety, mobility, and long-term usability. At a minimum, senior housing projects shall include the following features, as applicable to the proposed housing type: a. A no-step entrance leading from the driveway to an entrance with a minimum 32-inch clear opening. b. One accessible bathroom on the same level as the no-step entrance. c. At least one shower in the home with reinforced beams to allow for the installation of grab rails if necessary at a later date. d. Exterior doorways at least 36 inches wide and interior doors with a minimum 32-inch clear opening. e. Corridors and passageways 42 inches wide on the same level as the nostep entrance. f. Electrical wall outlets placed no more than 15 inches above finished flooring. g. Wall switches controlling light fixtures and fans placed 48 inches (maximum) above finished flooring. h. In addition to the above unit-level features, projects are encouraged to incorporate senior-supportive site or community elements, such as accessible pedestrian circulation, seating areas, lighting designed for safety, proximity to services, or shared amenities that promote social interaction and independence, as approved by the Community Development Director. 2.7.3 PUD—Overall Development Standards and Plans Required A. Development of the PUD shall be governed by the Overall Development Standards (ODS), part of the Overall Development Plan (ODP). B. Overall Development Standards (ODS). The ODS shall designate the standards of zoning and development for the property. These standards replace the standards in the UDC and should include, at a minimum, the following: 1. Permitted and prohibited uses; 2. Maximum density; 3. Maximum impervious surface; 4. Minimum open space; 5. Minimum and maximum building heights; 6. Minimum lot size; 7. Required setbacks; 8. Parking requirements; and 9. Building massing. C. Overall Development Plan (ODP). The ODP will include a series of plans and designrelated documents regulating the development of the property. At a minimum, the ODP shall include the following: 1. Overall Master Plan. A master plan outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, entrances, densities, parking ratios, open space, height, sidewalks, setbacks, under and over-head utilities, internal circulation and parking, landscaping, preliminary grading, lighting, drainage, amenities, and similar details and their respective measurements. 2. Phasing Plan. Should a PUD be expected to require five (5) years or longer to complete, a phasing plan shall be provided by the applicant that indicates the time frame for construction and development of different aspects of the PUD. 3. Regulating Plan. A regulating plan shall be provided with street types and open space for all property within the PUD boundary. The regulating plan shall be keyed to a set of standards developed based on location. This plan should consider how all modes of transportation will be accommodated, including pedestrians, bicycles, cars, transit, rideshare, etc. Detailed right-of-way cross sections shall also be included in this plan or as an attachment to this plan. 4. Streetscape and Hardscape Manual. A streetscape and hardscape manual shall be created that includes specifications for the following: sidewalk clear zones, landscape zones, supplemental zones including details regarding lighting fixtures, on-street parking, street furniture, landscape materials and other amenities. A streetscape map shall accompany this manual that identifies appropriate streetscape and hardscape designs for all streets, plazas, open space, locations for public art, etc., within the plan. 5. Architectural Pattern Book. An Architectural Pattern Book demonstrating approved building materials, features, exterior finishes, windows, doors, colors, and other items affecting exterior appearance, such as signs, mechanical systems, fencing, etc. The pattern book shall include renderings of proposed buildings. 6. To the extent that an approved ODS and ODP for a PUD contradict the UDO, the approved ODS and ODP for the PUD district governs. All other chapters govern, unless specific alternatives are proposed and written into the ODS as part of the amendment application. 7. Applications shall include any additional information deemed necessary by the Community Development Director to determine compliance with Ordinance standards. D. Analysis of Existing Conditions. An analysis of existing site conditions, including a boundary survey and topographic map of the site that shall include information on all existing manmade and natural features, utilities, all streams and easements, and features to be retained, moved or altered. The existing shape and dimensions of the existing lot to be built upon including the size, measurement, and location of any existing buildings or structures on the lot shall be included. The analysis should include all buffers and other applicable standards of federal and state law related to maintenance and protection of wetlands and the banks of navigable waters of the federal and state governments. E. Overall Plan or Standards Modifications. 1. Minor Modifications. The Community Development Director shall have the authority, in the administration of the PUD, to approve minor modifications of the Overall Development Plan or Overall Development Standards without a public hearing in a manner that is consistent with the purpose or intent of the overall development. Minor modifications are those changes which implement only slight alterations to the approved site design layout; which are made necessary by actual field conditions at the time of development; or which do not alter the impact of the development on nearby properties, nor the intent or integrity of the conditions as they were originally imposed. a. Any request for a minor modification of the ODP or ODS shall be made in written form to the Director. Furthermore, the request for a minor modification shall be accompanied by copies of the revised ODP and ODS. 2. Major Modifications. Any major modification to the site plan, or to conditions that were attached to an approved Overall Development Plan or Overall Development Standards, shall require an application and public hearing before the Planning Commission and the City Council, in accordance with the rezoning procedures of Chapter 10, Public Hearing Application, Review Procedures. Without limiting the meaning of the phrase, the following are examples of what constitutes a "major modification" for purposes of interpreting this section: a. The movement of any building or structure adjacent to an exterior boundary line, closer to the boundary line of the property; if this causes an encroachment upon the required yard setbacks; b. Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building; c. Any change in any buffer requirement(s) that were imposed in the original zoning amendment; d. Any increase in the height of any building or structure; or e. Any change in the proportion of floor space that is devoted to different authorized uses. 2.8 Overlay Districts 2.8.1 Generally A. These overlay districts are superimposed on portions of one (1) or more underlying zoning districts that allow application of additional standards to accomplish a special purpose, for promoting the aesthetics of the City for the general public and the existing residents. B. Relationship to Underlying Zoning District Standards and Other Provisions of UDC. In any case where the standards and requirements of the overlay district conflict with those of the base-zoning district or with other provisions of the UDC, the standards and requirements of the overlay district shall govern. C. Applicability. Overlay districts are supplemental to the underlying zoning district classifications established in the UDC governing all properties and approvals within this overlay district. The provisions of this Section shall be overlaid upon and shall be imposed in addition to said underlying zoning regulations and other City ordinances. The Director is authorized to promulgate and enforce such rules, regulations, guidelines, and standards as may be reasonably necessary or desirable to give effect to the provisions of this section. D. Exceptions. The provisions of this Section shall not apply to the following development or activities, unless expressly stated herein: 1. Any application submittals and previous approvals in accordance with Section 1.5, Transitional Provisions; 2. Improvements and additions that are made to a single-family residence that was previously permitted and built on a lot of record prior to enactment of the ordinance from which this section is derived. 3. Construction of a single-family dwelling on an existing lot of record within a single-family residential subdivision with a final plat that was approved prior to the enactment of the ordinance from which this section is derived. The new construction shall be of a similar floor area, materials, architectural character, and design as the single-family dwellings on adjacent lots within the same subdivision. a. Nonconforming standards in accordance with Chapter 7, Nonconforming Standards. 2.8.2 PMU—Parkway Mixed Use Overlay District A. Purpose. The purpose of the Parkway Mixed Use Overlay (PMU) District is: 1. To promote the general health, safety, and welfare of the community where residents and visitors can live, work, eat, and play. 2. To promote economic development by diversifying the employment base for a stronger City. 3. To improve public health and provide safe and efficient movement within the overlay district by promoting development patterns that encourage physical activity such as walking and bicycling. 4. To encourage a balanced mix of retail, professional, residential, civic, entertainment, and cultural uses. 5. To improve the efficient operation of traffic around the City. 6. To provide accessible and sufficient parking in an unobtrusive manner. 7. To create an attractive gateway that is aesthetically appealing and environmentally responsible. 8. To encourage innovative development projects that set standards for landscaping, open space, community design, and public amenities. 9. To establish consistent and harmonious design standards for public improvements and private property development within the overlay district so as to unify the distinctive visual quality of the City. B. Applicability. These regulations of the PMU Overlay District pertain to all properties which have frontage on one (1) or more streets, as identified and designated on the City’s Overlay District Map. C. Permitted Uses. Developments may contain a single use or a combination of uses arranged vertically within the same building or horizontally across multiple buildings and sites. Any use permitted within the underlying zoning district, including the MU and MUS districts, shall be permitted in the PMU Overlay District, subject to the standards of this Ordinance. Such uses or combination thereof, where listed as “Select Uses” shall be subject to the additional standards of this PMU Overlay District. D. Select Uses. The following uses shall be permitted within the PMU Overlay District only in accordance with the requirements of Section 2.8.2.D.2, Additional Requirements for Select Uses. 1. List of Select Uses. a. Fueling stations; b. Automotive service/repair/maintenance centers, minor; c. Car washes; d. Convenience stores. e. Restaurants with drive-through (a.k.a. "drive-thru") facilities or windows; or f. Other proposed select uses, to be determined acceptable by the Director. 2. Additional Requirements for Select Uses. a. A select use must be located on a property which has frontage on either a collector or an arterial road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation. b. Any existing nonconforming structures may not be enlarged or expanded. c. Building facades for both primary and accessory structures must be constructed of brick, stone, or other approved masonry by the Director on all sides. d. Fueling stations shall provide an equal number of electric charging stations as fuel pumps on the site, and covered canopies must be provided over all fuel pumps and electric charging stations. e. Select uses shall provide an acceptable means of access and internal site circulation, to be determined acceptable by the Fire Marshal. E. Prohibited Uses. The following uses shall be prohibited within the PMU Overlay District: 1. Adult entertainment establishments. 2. Ambulance service. 3. Automobile broker (no vehicle storage), except for stand-alone office uses. 4. Automobile rental and leasing facilities. 5. Automotive service repair and maintenance facilities, major. 6. Building and lumber supply establishments. 7. Day care centers. 8. Funeral home, mortuaries, and crematoriums. 9. Greenhouses and nurseries, including landscape service. 10. Pawnshop, loan brokers, check cashing, and other than mortgage loan brokers. 11. Retail warehouses/wholesalers providing sales of merchandise (with or without outdoor storage). 12. Rooming and boarding houses. 13. Self-service storage, mini-warehouses, or warehousing and storage. 14. Personal care homes. 15. Tattoo and piercing parlors. 16. Trade shops, including electrical plumbing, heating/cooling, and roofing siding. 17. Truck terminals, truck trailer storage lots, truck parking lots, and truck repair. 18. Industrial uses, warehouses, and business distribution centers. 19. Tobacco, vape shops, and/or smoke shops. 20. Animal care facilities. F. Site Design Standards. 1. The impervious surface area shall not exceed eighty-five percent (85%) of the lot area. 2. Stormwater Features. Bioretention planters, permeable paving, rain gardens, and other green infrastructure features are encouraged. Stormwater features shall be integrated into streetscape design wherever practical. 3. Parking. a. Parking shall be located to the rear or side of buildings, where feasible. b. Parking lots shall be directly connected to a sidewalk leading to the main entrances of all buildings on the site, and they shall include marked crosswalks across interior driveways and vehicular aisle. c. The Director may approve a reduction of up to twenty-five percent (10%) in the number of parking spaces required for a specific use where inter-parcel access is provided, and a shared parking analysis demonstrates that adequate parking will be provided. 4. Access. a. Adjoining properties shall be encouraged to share curb cuts to reduce interruptions to the sidewalks. b. Properties that are adjoining are required to have curb cuts to adjacent properties to create a connection between the two (2) properties. This requirement may be exempted by the Director upon a determination, supported by site-specific analysis, that interparcel connection is not feasible due to traffic concerns or topographic constraints. c. Intersection crosswalks shall be constructed or stained concrete or brick pavers. Concrete pavers shall be stamped and stained to give the appearance of brick. 5. Landscaping. a. A minimum tree canopy cover of at least thirty percent (30%) shall be provide for paved parking areas exceeding 4,000 square feet in new or redeveloped sites. The canopy percentages shall be calculated by including preserved and newly planted trees through delineation of polygon mapping for groupings and canopy projections for new plantings based on species specific data. b. All surface parking areas (of any size) abutting a public street (not including an alley) must be screened in accordance with Section 4.7.5, Landscape Strips. c. All areas along the corridor which are not developed with buildings or prepared surfaces for parking, circulation, utilities or the like, shall be landscaped and maintained with ornamental plantings. These plantings should be native or drought-tolerant plants to minimize the need for irrigation. d. Green fields and wooded areas should be left as they are, until they are developed into another use. e. Paved areas of the site shall be limited in size to the area that is required to accommodate the intended use. 6. Exterior Lighting. a. Decorative lighting must be provided at all entrances, pathways, parking areas, and recessed areas. b. All exterior lighting fixtures shall use full cutoff luminaires to reduce both energy usage and glare, as well as prevent light pollution. c. Lighting shall be pointed at the ground or the building directly to prevent glare onto neighboring areas. d. Light fixtures, light pole bases, and poles, shall be consistent with each other, with the architecture of buildings (if any), and/or with the nearby street lighting. 7. Utilities. a. Utilities shall be located underground. b. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. c. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. G. Streetscape Standards. The streetscape along major arterial or collector streets shall be divided into three (3) distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be permitted at varying widths between five (5) and twenty (20) feet wide. The building frontage zone shall be provided between the edge of the pedestrian travel zone and the front façade of the adjacent building. The building frontage zone may be located within the public right-of-way as approved by the Director of Public Works or on private property. 2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works, paved in concrete, and kept clear and unobstructed for the safe and convenient use of pedestrians. 3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover or flowering plants. The fixtures/planting zone shall be provided between the back of curb and pedestrian travel zone and located within the public right-of-way or as approved by the Director of Public Works. Within the fixtures/planting zone: a. Street trees planted in accordance with Section 13.8.4, Street Trees. b. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. c. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. d. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. e. Pedestrian-scale lighting shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. Figure 2.8.2.G - Streetscape Standards H. Building Standards. 1. Height. The building shall be a minimum of two (2) stories and a maximum of twenty (20) stories. The first finished floor level shall be level with the sidewalk grade. 2. For parcels located in the Parkway Mixed-Use Overlay District, the ground floor area, at street level, shall be occupied by one of the following active uses listed under the categories identified below, as they relate to and are shown on Table 3.1.B – Land Uses. a. Any use listed under LODGING; b. Any use listed under INSTITUTIONAL/PUBLIC; c. Any use listed under MASS ASSEMBLY CENTERS & GROUNDS; d. Any use listed under OFFICE; e. Any use listed under RETAIL; f. Any use listed under RESTAURANT & FOOD ESTABLISHMENTS; g. Any use listed under SERVICES; h. Exemptions. i. Standalone single-family detached and single-family attached uses (duplex, triplex, and quadplex buildings) shall be exempt from the provisions of this section. i. Development that is held in ownership by a government agency shall be exempt from the requirements of this section. j. If a Medical Office, Specialist, or Clinic use is provided to meet this regulation, the floor area shall be in one or more of the following functions: lobby, waiting room, food service, or out-patient clinic. 3. Setbacks. a. Buildings may be set back further to allow for an appropriate building frontage zone which may include balconies or steps, public plazas, outdoor dining areas, or additional landscaping. 4. Corner lots should be oriented to the corner and be used to create focal points at the four (4) corners of major street intersections. 5. When buildings are located adjacent to existing commercial developments that are set further back, a step-back design may be utilized to transition to the desirable setback pattern, reducing excessive variation. 6. Some form of protection is required at all retail frontage along the corridor for relief from inclement weather. This can take the form of awnings, canopies, or other accessory shade structures as may be approved by the Director. These structures shall be: a. Architecturally consistent with the building and be made of durable opaque materials such as cloth or canvas. The use of shiny, high-gloss, translucent materials such as vinyl or plastic is prohibited. b. The color shall be compatible with the building façade. c. The scale (height, length, depth and overall bulk) shall be compatible with the building storefront. d. Columns to the structures are not permitted in the public right-of-way 7. Building Entrance. a. All first story uses shall have a primary pedestrian entrance, which faces, is visible from, and is directly accessible from the sidewalk. b. All first-story businesses with more than sixty (60) feet of frontage along sidewalks shall provide one (1) pedestrian entrance for every sixty (60) linear feet of frontage or fraction thereof. I. Architectural Requirements. The following design guidelines and standards apply to all newly-constructed buildings used for nonresidential or residential purposes. 1. Design Composition. a. The use of a common palette of building materials should be maintained in the Department of Community Development for building facades to create a consistent and traditional architectural identity for the PMU Overlay District. Traditional architecture shall include, for example, the use of brick, pitched roofs, low-profile signage, and subdued colors. b. For large commercial/retail, mixed-use, and multifamily buildings, variations in facade, roofline, and depth should be provided to lend the appearance of multitenant occupancy. c. Contrasting accent colors on any single facade shall be limited to no more than ten percent (10%) of the total wall area for any single façade d. Permanent mounted exterior neon lights shall not be allowed. e. Buildings that are located on outparcels and all accessory buildings shall be constructed of materials complementing the principal building with which they are associated. f. Back-lit awnings, roof-mounted lights, and/or roof mounted flag poles are not permitted. g. Satellite dishes shall be located and painted to blend with the background as much as practical. h. All design and construction shall be subject to architectural review by the Director to ensure adherence with the requirements and intent of this Section. 2. Exterior Finish Materials. Table 2.8.2.I.2, PMU Allowed Building Materials below and the provisions of this Section outline the allowed building materials that may be used, in combination, to create a consistent, attractive, interesting, and longlasting building design: Table 2.8.2.I.2 – PMU Allowed Building Materials Building Material Requirement 1 2 Brick or Stone Minimum fifty percent (50%) per façade Glass Permitted Tilt/Pre-Cast Prohibited Stucco Maximum fifty percent (50%) per façade Concrete Blocks Prohibited CMU/Split-Face Block Maximum ten percent (10%) per façade Natural Wood and/or Cementitious Prohibited3 Fiberboard Metal Prohibited Tile Prohibited Notes: 1. Brick veneer walls shall use full-depth brick. 2. Natural stone such as, but not limited to, granite, limestone, acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone shall be prohibited. 3. Allowed for stand-alone residential buildings, provided such buildings have a minimum 4:12 roof pitch. 2.8.3 DTV—Downtown Village Overlay District A. Purpose. The purpose and intent of the Downtown Village Overlay District are: 1. To recognize and affirm the function of the existing traditional downtown as the central focus of commercial, artisan, and civic activities within the community. 2. To allow the existing downtown to flourish, intensify, and expand wherever it may be appropriate, in a manner that is consistent with its traditional character. 3. To provide a local retail, service, artisan and civic center for the community. B. Applicability. 1. These regulations of the Downtown Village Overlay District shall take precedence over the regulations of all other districts, including the base zoning districts and any other type of overlay district. 2. The boundaries for the overlay are designated on the City’s Overlay District Map. 3. The requirements of this DTV Overlay District are not intended to apply to existing single-family residences. The requirements for such uses shall be those provided under the appropriate zoning classifications for such uses, except where single-family or multiple family use(s) are/is located in a building containing another non-residential permitted use in this district. C. Permitted Uses. All permitted uses as provided within the Downtown District (DT) are permitted uses in the DTV Overlay District. D. Special Uses. All special uses as provided in the Downtown (DT) District are special uses in the DTV Overlay District. E. Prohibited Uses. The following uses are prohibited in the DTV Overlay District: 1. Adult entertainment establishments. 2. Boarding and rooming homes. 3. Catering establishments. 4. Child and adult day care centers. 5. Consignment and thrift stores. 6. Family day care homes. 7. Fueling stations. 8. Payday loan, title loans, money cash exchanges. 9. Public and private schools and related facilities. 10. Restaurants with drive-through facilities (a.k.a. "drive-thru") and/or windows. 11. Tobacco, vape shops, and/or smoke shops. 12. Tattoo and piercing studios. 13. Extended stay lodging. F. Temporary Uses. The following temporary uses are required to seek special event approval from the Director within the DTV Overlay District. The Director may impose specific calendar dates, times, or relevant conditions to the approval. 1. Carnivals, fairs, and other similar activities of a temporary nature. 2. Food trucks and similar temporary mobile vendors. 3. Outdoor recreational and/or educational opportunities. 4. Sidewalk sales. G. Required Ground Floor, Street Level Active Uses. 1. For parcels located in the Downtown Village Overlay District, the ground floor area, at street level, shall be occupied by one of the following active uses listed under the categories identified below, as they relate to and are shown on Table 3.1.B – Land Uses. 2. Any use listed under LODGING; 3. Any use listed under INSTITUTIONAL/PUBLIC; 4. Any use listed under MASS ASSEMBLY CENTERS & GROUNDS; 5. Any use listed under OFFICE; 6. Any use listed under RETAIL; 7. Any use listed under RESTAURANT & FOOD ESTABLISHMENTS; 8. Any use listed under SERVICES; 9. Exemptions. a. Standalone single-family detached and single-family attached uses (duplex, triplex, and quadplex buildings) shall be exempt from the provisions of this section. b. Development that is held in ownership by a government agency shall be exempt from the requirements of this section. 10. If a Medical Office, Specialist, or Clinic use is provided to meet this regulation, the floor area shall be in one or more of the following functions: lobby, waiting room, food service, or out-patient clinic. H. Site Design Standards. 1. There shall be no outdoor storage of either materials or products. 2. Roadways shall be designed utilizing curb and gutter, in accordance with Chapter 16, Infrastructure Improvements. 3. Utilities. a. Utilities shall be located underground. Utility boxes, transformers, and mechanical equipment visible from public streets shall be screened with landscaping or architectural treatments. b. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. c. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. 4. Stormwater Features. Bioretention planters, permeable paving, rain gardens, and other green infrastructure features are encouraged. Stormwater features shall be integrated into streetscape design wherever practical. 5. Landscaping. a. Landscape beds shall incorporate drought-tolerant and native plant materials whenever feasible. Landscaping shall not obstruct pedestrian visibility or traffic sight triangles. Artificial turf shall be prohibited within required streetscape planting areas. 6. Lighting Standards. a. Pedestrian-Scale Lighting Required. Decorative pedestrian-scale lighting shall be provided along sidewalks, plazas, and pedestrian gathering areas. Fixtures shall generally be between twelve (12) and sixteen (16) feet in height. b. Design. Lighting fixtures shall maintain a coordinated downtown character. Cobra-head highway style fixtures shall be prohibited unless required by a state or federal agency. c. Illumination. Lighting shall be designed to improve public safety while minimizing glare and light trespass. Full cut-off fixtures are encouraged. d. Accent Lighting. Architectural lighting, façade lighting, and landscape uplighting may be permitted where designed to complement downtown character. 7. Crosswalks and Pedestrian Connectivity. a. Connectivity. Development shall provide direct pedestrian connections between buildings, parking areas, sidewalks, trails, and adjacent properties. Gated pedestrian barriers between compatible adjoining developments shall be prohibited unless required for public safety. b. Mid-Block Connections. Large developments or superblocks may be required to provide mid-block pedestrian passages where determined necessary by the City. c. Intersection crosswalks shall be constructed or stained concrete or brick pavers. Concrete pavers shall be stamped and stained to give the appearance of brick. 8. Outdoor Dining a. Outdoor dining shall be permitted within the overlay district subject to applicable encroachment permits and public safety requirements. b. Restaurant tables and chairs are permitted in the front setback but shall not be positioned so that their use blocks pedestrian flow. Within two (2) hours of the posted closing time, such tables and chairs shall be removed and stored inside the primary or accessory building. c. Outdoor seating areas shall utilize durable and coordinated furnishings, and include decorative landscaping or screening where appropriate. d. Public plazas, courtyards, pocket parks, and greenspace areas are encouraged. e. Outdoor dining or retail display areas shall maintain a minimum five (5) foot accessible pedestrian path at all times. 9. Parking. a. On-street parking, either angled or parallel, may be provided along all public streets, unless otherwise determined by the Mayor and City Council. b. The Director may reduce the parking requirement by twenty-five percent (10%). c. Off-street parking facilities shall be illuminated with downcast lighting using energy-efficient bulbs. I. Streetscape Standards. The purpose of streetscape standards is to: establish a safe, comfortable, and attractive pedestrian-oriented public realm; promote walkability; encourage coordinated downtown design and branding; improve connectivity between commercial, civic, residential, and public gathering areas; support economic development through vibrant and visually cohesive downtown environment; and promote accessibility for persons of all ages and abilities. The streetscape along the major highways shall be divided into two distinct zones consisting of a pedestrian travel zone and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Pedestrian travel zones along principal downtown streets shall have a minimum unobstructed pedestrian travel zone of ten (10) feet wide. Pedestrian travel zones along secondary streets shall have a minimum unobstructed pedestrian clear zone of eight (8) feet. The required width shall be measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works. a. Pedestrian travel zones shall consist of poured concrete, decorative concrete, brick pavers, or other durable materials approved by the City. Asphalt sidewalks shall be prohibited except for temporary installations approved by the City. b. Pedestrian travel zones shall be kept clear and unobstructed for the safe and convenient use of pedestrians. 2. A fixtures and planting zone shall be provided between the back of curb and pedestrian travel zone whenever feasible and located within the public right-ofway or as approved by the Director of Public Works. Developments shall provide street trees planted in accordance with Section 13.8.4, Street Trees within the fixtures and planting zone and shall provide at least two (2) additional elements: a. Benches shall be durable metal, wood, recycled composite, or similar high-quality material. Benches shall be anchored and coordinated in style throughout the district. Benches shall be placed at a maximum distance of 500 feet from one another. b. Trash receptacles shall be placed at street intersections and at a maximum of 500 feet apart from one another. c. Bicycle racks shall be installed near primary building entrances. One bicycle rack space shall be provided for every twenty thousand (20,000) square feet of nonresidential floor area, with a minimum of two (2) spaces. d. Public art; e. Pedestrian-scale lighting shall be incorporated along all pedestrian paths and shall be placed a maximum of every 40 feet on center. The poles shall be smooth black with a cobra head and a maximum of 40 feet in height. f. Public gathering elements; g. Decorative planters; h. Outdoor dining enhancements; i. Utility fixtures; j. Wayfinding signage; or k. Water features. Figure 2.8.3.I - Streetscape Standards J. Building Standards. 1. Height. a. The maximum building height shall be four (4) stories or 55 feet with the first finished floor level being level with sidewalk grade. A height variance may be applied for in accordance with Chapter 10, Variances and Appeals. b. The minimum building height location at an intersection shall be three (3) stories or 45 feet with the first floor level being level with sidewalk grade. 2. Setbacks. a. Front Yard Setback. The front yard setback shall be a minimum of 0 feet from the curb and may be increased to 20 feet if additional space is landscaped as a garden or outdoor seating or dining area. Entries may be recessed up to 25 feet. b. Side Yard Setback (each side). The side yard setback may be zero (0) feet if attached to or abutting an adjacent building. Where not attached or abutting, the side yard building setback shall be a minimum of ten (10) feet, but not more than 20 feet in width. c. Rear Yard Setback. The rear yard setback shall be a minimum of 25 feet. If located within the historic downtown, the rear yard setback shall be a minimum of 55 feet. K. Architectural Requirements. All structures, except single-family homes, duplexes, triplexes, and quadraplexes, in this district must meet the minimum structural and architectural design standards that are listed below. These standards apply to new building construction and renovations, remodels, or expansions of existing buildings. 1. Design Composition. a. Architectural Features and Details. Exterior facades, including eaves, columns, pilasters, cornices, windows and window surrounds, canopies, fascia, and roofs shall be proportionate with the building and compatible with surrounding traditional buildings. The scale of new construction, including the arrangement of windows, doors, and other openings within the building facade, shall be compatible with surrounding traditional buildings. b. Colors. The colors that are to be used for exterior surfaces, including roofs, shall be harmonious with surrounding development and shall visually reflect the traditional concept of the Old Downtown. Incompatible colors include metallics, neon, and/or primary colors. c. Transparency. For a mixed-use building that has a nonresidential ground floor use, the minimum transparency shall be seventy (70%) percent of the total surface area of a façade facing any street. Alleys shall be exempt from the requirement. To calculate the minimum transparency percentage, divide the total transparent glass area by the total surface area of the facade then multiply by 100. d. Accessory Structures. All accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality, and appearance as the principal structure. 2. Exterior Finish Materials. a. Table 2.8.3.K.2, DTV Allowed Building Materials below and the provisions of this Section outline the allowed building materials that may be used. b. Prohibited Materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel, corrugated metal, vinyl, plastic or fiberglass siding. Facia materials which rapidly deteriorate or become unsightly such as galvanized metal or unfinished structural clay tile, are not permitted. Table 2.8.3.K.2 – DTV Allowed Building Materials Building Material Requirement 1 Brick Minimum 100% on three (3) sides 1 2 Brick , Stone , or Stucco Minimum 50% on the front façade Decorative Glass Permitted 3 Decorative Block Permitted 3 Architectural Concrete Permitted 3 Pre-Cast Concrete Units Permitted Vinyl Permitted in the eaves, soffits, and gables Metal Permitted in the eaves, soffits, and gables Fiber Board Siding Permitted in the eaves, soffits, and gables Notes: 1. Brick veneers that are intended to simulate brick exteriors are not acceptable. 2. Natural stone such as, but not limited to, granite, limestone, acid marble are allowed building materials. Terra cotta and/or cast stone, which simulate natural stone, are also acceptable. Painted stone shall be prohibited. 3. Provided that surfaces are molded, serrated, or treated with a textured material in order to give the front side a three-dimensional character. CHAPTER 3: USE REGULATIONS 3.1 Use of Land A. All uses of land in the City of Stockbridge shall adhere to the Land Use Table as provided in this Chapter. The table shall be interpreted as follows: 1. The letter “P” shall mean the subject use is permitted in the indicated zoning district. 2. The letter “S” shall mean the subject use is permitted in the indicated zoning district following the issuance of a special use permit in accordance with Section 10.2.5, Requirements for Special Use Permits. 3. The letter “A” shall mean the subject use is permitted in the indicated zoning district as an accessory land use. 4. The letter “A/S” shall mean the subject use is permitted in the indicated zoning district as an accessory land use and with the issuance of a special use permit in accordance with Section 10.2.5, Requirements for Special Use Permits. 5. A blank box shall mean the subject land use is prohibited in the indicated zoning district. 6. The “See Section” column is provided for situations in which use-specific regulations apply to the subject land use. B. Land Use Table: LI HI C1 MU DT MFR CCR R3 S See Section C2 Commercial Greenhouses and Plant Nurseries, including landscaping services Keeping or raising of livestock Livestock processing and feedlots Riding academies or stables Roadside produce stands Accessory dwelling unit (guesthouse, inlaw suite, apartment over garage) Duplex, Triplex, quadplex Home occupation Live-work unit Manufactured home Industrialized home Multi-family apartments and condos Single-family residences (detached) Townhouse (feesimple only) R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P S 3.2.24 S S P P S A P P 3.2.25 3.2.4 3.2.32 A A A P S P A P A P A P P P P P P A A A P P P P P P P P 3.2.2 P A P 3.2.11 P P P P 3.2.22 A A A P S S S S P S P P P P S P S P S S P HI LI P P P P S 3.2.29 S 3.2.29 S 3.2.27 P P P P P 3.2.36 3.2.8 P P 3.2.41 P P 3.2.12 P P P P P Title 9 S P 3.2.67 A S P C2 P See Section C1 P S P P S P MU MFR CCR R3 S DT Upper story residential Bed and breakfast Boutique Hotel Hotel Motel Short-term vacation rental Boarding/rooming house Personal care homes, group homes, and boarding home having 2 or less persons Personal care homes, group homes, and boarding home having 2 or more persons Nursing homes, assisted living, and hospice care facilities Senior adult housing Build-to-rent singlefamily development Tiny house village development Cottage home village development Cemeteries Funeral homes, mortuaries, and crematoriums Emergency response and public safety facilities R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. S P P P P P P S P P 3.2.9 3.2.20 P P P 3.2.17 MU P P P P P P P P P P P P P P P P P P P P P P S P S P P P P P S S S 3.2.30 S S P S S S S S S P S S S S P S S S S S S S S S S S S 3.2.30 3.2.30 3.2.30 3.2.30 3.2.30 3.2.30 P P S S 3.2.30 S S S 3.2.30 P S P S P S 3.2.30 3.2.30 S P S 3.2.21 P P P P P HI P LI P C2 S C1 S OI R3 MFR R2 See Section R1 Golf courses and driving ranges Municipal or county buildings Library or museum Public Parks and playgrounds Amphitheaters, theaters with live performance, assembly or concert halls, or similar Athletic fields Firing ranges Convention centers Civic centers Fairgrounds Clubs, lodges and event facilities Indoor recreation (bowling alleys, movie theaters and other activities conducted wholly indoors) Outdoor amusements (miniature golf, carnivals or midway rides, pony rides, climbing walls, tracks for go-carts and similar vehicles, and other tourist-oriented rides and amusements) Places of worship Rodeos CCR Land Use DT Zonin g Distric t Table 3.1.B – Land Uses. P P P S S P P P P P P P P P P S S HI P LI P C2 MU DT MFR CCR R3 P See Section C1 Colleges, universities, P research and training facilities Public kindergarten, P elementary, middle and high schools Private kindergarten, S elementary, middle and high schools Private commercial/ vocational schools (including martial arts, dance studios, and other traditional technical or vocational training) Automobile brokerage (no vehicle storage) Automobile service, major repair Automobile service, minor repair Automobile sales and truck sales Automobile rental and leasing facilities Automobile wash and wax centers Commercial Drone Delivery Hub Fueling stations Recreational vehicle/boat sales and service Tire shops R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P P P P P P P P P P 3.2.34 3.2.34 P P P P P P P Title 9 P Title 9 S Title 9 P P S S S 3.2.14 S S 3.2.19 S Title 9 C2 LI HI MU DT MFR CCR R3 See Section C1 Contractor’s establishment (with material and equipment storage) General business or administrative office, (without storage) General Art gallery Farmer's market Grocery stores Hardware store or other building materials store Liquor or package store Pawn shops and second-hand stores, including apparel, music, movies, gaming, and books Pharmacy or drug store Small box discount stores Tattoo shops Used appliance shops Vape shops, hookah sales Accessory cafe or eatery within a building Brewpub, beer growler, brewery Bakery, confectionary, and cafe uses R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. S P P P P P P P P P P A P P P P P P P P P P P S P P P P S P P P P P P Title 9 P Title 9 P A P P P P S P 3.2.37 P P P Title 9 Title 9 Title 9 A A A A P P P P P P P P A A P HI P LI C2 MU DT MFR CCR R3 See Section C1 Catering establishments Cigar bars, hookah lounges Restaurants (nondrive-thru) Restaurants with a drive-thru configuration Specialty food stores (e.g., coffee, ice cream) Ambulance, taxi or limousine service, dispatch, and storage Bus or rail stations or terminals for passengers Airstrips, airports, and heliports Parking, commercial lot Parking, commercial garage Parking, Truck lots (as distinguished from truck terminals and similar uses) Adult and child day care Kennels Veterinary clinics Banks, credit unions or other similar financial institutions R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P P P P P P P P P P P P P P A S S S S A P A A P P P P P P S S P A S S P P P P P P 3.2.5 3.2.3 P P 3.2.4 3.2.4 A P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P A P P P P P P P P HI P LI C2 MU MFR CCR R3 DT P See Section C1 Barber shop/beauty salon or similar establishments Coin laundry, dry cleaning, and pickup stations Day spa Nail shops Fitness center Other Personal services establishment Photographic studios Publishing or printing establishments Dental offices and clinics Health services clinic, urgent care Home healthcare service, office use only Hospital or medical facility Kidney dialysis center Medical or dental laboratories Physical therapy Agricultural S implementation and equipment establishments Armory and equipment sales Alternative energy production (other than solar energy systems) R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. Title 9 Title 9 P P P P P P P P P P P 3.2.23 P S 3.2.6 Agriculture crop processing and storage (of materials produced off-site) Automobile/Truck manufacturing Asphalt and concrete batching plants Asphalt manufacturing Business distribution centers Blast furnace, steel furnace, blooming, or rolling mill Brick, tile, and terracotta manufacturing Clinics, cafeterias, employee credit unions and recreational facilities for employees only Computer and data processing services Centers for manufacturing, production, processing or assembly Central mixing plants for cement, mortar, plaster or housing materials Cement, lime, gypsum, or plaster manufacturing S HI LI C2 See Section C1 MU DT MFR CCR R3 R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P S P S P P P P P A A A A A P P P P S P 3.2.10 Chemical storage or manufacturing Data Center Heating and electric power generating plants and all necessary uses Fabrication shops Lumber yard for wholesaling of building products Machine and machine tool manufacturing Mines and quarries Petroleum or inflammable liquids, production, refining, or storage Poultry killing, plucking, and processing Railroad spurs and yards Railway lines, passenger depots, intermodal facilities, and rail yards Recycling centers for collection or processing Research, experimental, or testing laboratories Rock, sand or gravel distribution or storage Sawmills HI LI C2 See Section C1 MU DT MFR CCR R3 R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P S P P P P P P S P S P P P P P P P P 3.2.13 3.2.26 Sheet metal products Smelting of copper, iron, zinc, or ore Tinsmith/roofing operations Sanitary landfill Salvage yards or junkyards and wrecker services (with storage area) Self-service storage facilities Towing, wrecking, and impound service Warehousing or storage Wholesale business, warehouse, distribution, and similar non-processing storage and distribution uses Tractor trailer storage and trailer drop lots Truck terminals Truck, Trailer, Tractor sales and service Truck staging facilities Truck stops Truck storage facilities Radio/television transmission towers greater than 35 feet in height Radio tower 35 feet or less in height HI LI C2 See Section C1 MU DT MFR CCR R3 R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P S S P 3.2.33 S 3.2.35 P P P P P S S S S S S S S S P P Ground-mounted SES, intermediate scale Ground-mounted SES, large scale Parking lot solar carports Accessory Structures Commercial Delivery Hub, Accessory Fences and walls Electric vehicle charging stations Gate and security buildings Outdoor storage Satellite dish antennas Swimming pools and pool enclosures Temporary buildings and Structures P HI C2 C1 MU DT MFR CCR R3 See Section LI Transit park-and-ride lots Wireless telecommunications Utility substation (not to include electrical substations) Water tower Electrical substations Integrated SES Rooftop SES Ground-mounted SES, small scale R2 R1 Land Use OI Zonin g Distric t Table 3.1.B – Land Uses. P P P P P P P P P P P A S P P A S S P P A S S P P A S P P P A S P 3.2.15 3.2.38 3.2.38 3.2.38 P P 3.2.38 S S 3.2.38 A S P A S P A S P A S P A S A P A S A S A A 3.2.38 A A A A A A A A A A A A A A A A A A A 3.2.1 3.2.14 A A A A A A A A A A A A A A A A A A A A A A A A 3.2.18 3.2.16 A A A A A 3.2.28 P 3.2.40 A A A A A A A A A A A A A A A A A A A A A A A A P P P P P P P P P P P 3.2.39 Figure 3.1.B - Tower with Antenna Height. 3.2 Supplemental Use Regula ons 3.2.1 Accessory Structures A. Accessory structures shall generally be compatible with the surrounding neighborhood and consistent with the character and intent of the zoning district in which they are located. B. Walls and fences shall not be considered accessory structures. C. Accessory structures shall be located on the same lot as, and subordinate to, the principal use or structure. D. Standards for specific accessory structures are set forth below. All accessory structures shall comply with the standards that are set forth below: 1. Accessory structures shall be located within a side or rear yard unless otherwise provided below. In the RR zoning district, accessory structures may be located within the front yard if the land area of the subject lot is greater than or equal to three (3) acres and not part of a platted subdivision. 2. Accessory structures shall not be erected prior to construction of the principal structure, except for agricultural storage buildings located on lots in the RR zoning district if the land area of the subject lot is greater than or equal to three (3) acres. 3. Accessory structures shall be included in all calculations for impervious surface ratio or lot coverage standards, and for stormwater management standards. 4. Accessory structures shall not be located within any required buffer or landscaping area, parking lot, protected resource area, easements, or stormwater management areas. 5. Accessory structures located in any residential zoning district shall not be used for any type of commercial operation. 6. Accessory structures shall not be used as a dwelling unit, except as provided in the standards for accessory dwellings. 7. Accessory structures shall comply with the following requirements. Development Feature Standard Setbacks: From side and rear property lines 10 feet For corner lots Front setback for district applies to both frontages Maximum height: Agricultural support structures, barns, and silos None Airplane hangars, regardless of zoning designation 35 feet Separation from principal building: 10 feet Maximum floor area: On parcels equal to or greater than three (3) acres and located in the RR zoning district No greater than the heated floor area of the subject principal building On parcels less than three (3) acres and located in the RR zoning district No greater than 50% of the heated floor area of the subject principal building All other zoning Districts No greater than 50% of the heated floor area of the subject principal building 3.2.2 Accessory Dwelling Units A. Lot Requirements. Accessory dwellings units may be located on lots meeting the following minimum standards: 1. The lot shall comply with the minimum lot area requirements of the applicable zoning district. 2. Lots served by county sewer shall be a minimum size of 18,000 square feet. 3. Lots utilizing an on-site sewage management system shall be a minimum size of 30,000 square feet. B. Quantity. No more than one (1) accessory dwelling unit shall be established on a residential lot. C. Parking. A minimum of one (1) additional off-street parking space shall be provided for the accessory dwelling unit. D. All accessory dwellings units shall comply with all applicable building, fire, and health UDC requirements. E. All attached accessory dwellings units shall meet the following standards: 1. Location of entrances. Only one (1) entrance may be located on the façade of the principal dwelling facing the street, unless the principal dwelling contained additional entrances before the accessory dwelling unit was created. An exception to this regulation is entrances that do not have access from the ground, such as entrances serving balconies or decks. 2. Exterior stairs. Fire escapes or exterior stairs for access to an upper-level accessory dwelling unit shall not be located on the front of the principal dwelling and shall be located a minimum of five (5) feet from the front building façade. F. Freestanding or detached accessory dwellings units shall meet the following standards: 1. Accessory dwelling units are considered an accessory structure if detached from the principal building and shall comply with all accessory structure regulations found in Section 3.2.1, Accessory Structures. 3.2.3 Adult and Child Day Care Facili es A. All facilities shall comply with applicable State regulations and shall obtain and maintain all required State licenses and approvals. B. Facilities shall be located on lots containing a minimum of one (1) acre. C. All facilities must obtain a business license with the city and provide proof of State licensure to the City prior to business licensing D. Each adult and child day care center shall be subject to the following requirements when it is located within a commercial building or commercial zoning district: 1. Facilities shall have access to a roadway classified as a collector or higher in the adopted thoroughfare plan. 2. No day care home shall be located within 1,500 feet of another day care facility. 3.2.4 Animal Care Facili es A. Design standards for specific animal care facility uses are listed in the table below, to include the following use types: 1. Animal Hospitals. 2. Veterinary Clinics. 3. Kennels. 4. Stables. Animal Care Facility: Animal Hospital or Veterinary Clinic (located in a freestanding building) Development Feature Standard Animals allowed Domestic pets, farm animals, and livestock; wild animals are prohibited Minimum building separation from parcels zoned or developed residentially 50 feet Building design Consistent with the design, materials, and color of buildings in the surrounding area Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned property Animal boarding Soundproofing required Animal Care Facility: Animal Hospital or Veterinary Clinic (located in a multi-tenant building) Development Feature Standard Animals allowed Domestic pets only; farm animals, livestock, and wild animals are prohibited Minimum building separation from parcels zoned or developed residentially 50 feet Building design Soundproofing required and odor-proofing required Animal boarding Prohibited Animal Care Facility: Commercial Kennel Development Feature Standard Animals allowed Domestic pets only; farm animals, livestock, and wild animals are prohibited Minimum land area Two (2) acres in the RR zoning district; one (1) acre in all other zoning districts Minimum building separation from parcels zoned or developed residentially 50 feet Buffer requirements 20 feet wide, plus a fence or wall adjacent to any residentially zoned property Animal boarding Soundproofing required Animal Care Facility: Noncommercial Kennel Development Feature Standard Animals allowed Up to ten adult domestic pets, only; farm animals, livestock, and wild animals are prohibited Minimum land area Three (3) acres Limitations on zoning districts Allowed only in the RR zoning district Minimum building separation from parcels zoned or developed residentially 50 feet Animal Care Facility: Stables (to include riding academies, barns, and other facilities for farm animals and livestock) Development Feature Standard Animals allowed Farm animals and livestock Minimum land area Three (3) acres Minimum building separation from parcels zoned or developed residentially 50 feet Minimum setback from parcels zoned or developed residentially for outdoor tracks and exercise yards 100 feet Outdoor tracks and exercise yards Odor control required; pest control required Fences The parcel (three or more acres) shall be fenced. The outdoor track and each exercise yard shall be separately fenced. 3.2.5 Airstrips, Airports, and Heliports A. Airstrips, airports, and heliports shall comply with the following regulations: 1. Minimum acreage shall be fifteen (15) acres. 2. An undisturbed vegeta ve buffer shall be provided along all property lines that abut property with a residen al zoning classifica on, except where prohibited to provide access or u lity easements, to screen sight or sound of ac vi es from adjacent and nearby residen al neighborhoods. The buffer shall be a minimum of 100 feet in width and shall meet all requirements of Chapter 13, Buffers, Landscaping, and Tree Protec on. 3. The landing strip/runway shall not be paved. The use of permeable or pervious pavement materials shall be allowed. 4. All private airstrips, airports, and helicopters [heliports] shall adhere to all applicable laws and regula ons of the Georgia Department of Transporta on (GDOT) and Federal Avia on Administra on (FAA). 5. No commercial ac vi es shall be allowed or permi ed with any approved special use. The following uses are prohibited: Flight instruc on, aircra storage (other than hangars for use by the property owner), aircra maintenance (other than by the property owner), aircra fueling (other than for use by the property owner), and other similar commercial airport ac vi es. 6. Only one (1) airstrip per special use permit shall be allowed. 7. A maximum of two (2) airplane hangars may be allowed even in the absence of a primary structure to any approved special use. 8. All hangars constructed shall be required to obtain a permit and approval from the Director and shall comply with any and all development and building regula ons and standards. 3.2.6 Alterna ve Energy Produc on (other than solar energy systems) A. Ground mounted structures and components, including transformers and founda ons, shall be considered impervious. B. Ligh ng fixtures at facili es shall not exceed 3.0 foot-candles at any property boundary abu ng a right-of-way. Ligh ng levels shall not exceed 0.5 foot-candles at any property boundary abu ng a parcel zoned or used residen ally. Ligh ng levels shall not exceed 2.0 foot-candles at any property boundary abu ng a parcel not zoned or used residen ally. C. Buffers and Screening. All facili es shall be screened to create a visual buffer from neighboring parcels and rights-of-way. Buffers shall be undisturbed (natural) but may include fences and earthen berms, or other encroachment, where specified by this UDC. The exis ng natural tree growth and natural landforms along the facility perimeter may create a sufficient buffer and shall be preserved when reasonably prac cable. D. Decommissioning. Decommissioning of a facility shall begin no later than 12 months a er a facility has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the facility and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably prac cable, and the property shall be returned to its condi on prior to the installa on of the facility or to some other condi on reasonably appropriate for the designated land use. E. All buildings and structures shall maintain setbacks of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. F. Any facility shall be located no closer than 50 feet to any abu ng parcels zoned or used residen ally. G. Any large-scale facility building or structure shall be located no closer than 100 feet to any abu ng parcels zoned or used residen ally. H. Facili es shall display advisory signage to include the following informa on, at minimum: 1. A statement about the risks that may result from physical contact with, or entry into, the subject facility; 2. The owner or operator of the subject facility; and 3. A twenty-four-hour emergency contact phone number. 3.2.7 Bed and Breakfast Facility A. The subject building must be a minimum of ten (10) years old before a bed and breakfast facility may be established. The individual or family operating the facility must occupy the house as their primary residence. B. The owner or operator of a bed and breakfast facility may reside in an accessory dwelling unit on the subject property so long as said accessory dwelling unit predates the bed and breakfast building. C. A bed and breakfast may be staffed by individuals that do not reside in the subject building. D. Bed and breakfast facilities may be temporarily used for luncheons, banquets, parties, weddings, meetings, charitable fundraising, commercial or advertising activities, or other gatherings for direct or indirect compensation, so long as the occupant count does not exceed 100 persons, provided the subject building has been approved to support that capacity, pursuant to applicable life safety requirements. E. Vehicular drop-off and pick-up areas that directly face and/or abut residential property shall be screened from said abutting property by an opaque vegetation that achieves a uniform height of six (6) feet no greater than three (3) years after the date of planting. F. No separate kitchen facilities shall be allowed. Breakfast may be served on the premises only for guests and employees of the bed and breakfast. G. The site design standards set forth in the table below are required for all bed and breakfast facilities. Development Feature Standard Maximum number of bed and breakfast guest units 6 Minimum heated floor area of subject building 3,500 square feet Maximum floor area which the bed and breakfast use may occupy within the primary structure, in relation to the homeowner's area 75 percent Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property H. Permits and Licensing. 1. Special use permits for bed and breakfast facilities shall not be transferable to any future owner of the subject property nor to any other person or entity. Upon transfer of ownership of the subject property, the special use permit shall expire. 2. All bed and breakfast owners and operators must apply for a business license permit and must maintain a valid business license. Renewals must be submitted annually before the operational permit expires. Business licenses are not transferable. 3.2.8 Built-to-Rent Single-Family Developments A. Build-to-Rent (BTR) means a residential development consisting of single-family dwellings in which more than ten percent (10%) of the units are constructed for the primary purpose of being leased rather than sold, typically under single ownership or management. B. BTR communities shall only be permitted in zoning districts expressly identified in the UDC and shall be considered a special use as specified therein. C. There shall be no exterior evidence that dwelling is build-to-rent. D. Parking shall only be provided on hard surface areas on the property and shall not be permitted outside such hard surface areas consistent with the provisions of this title. There shall be no parking on the street, on neighboring properties, in the yard, or in the right-of-way. Required parking shall be accommodated within driveways, garages, or other residential structures such as carports. Surface parking lots may only be used for guest parking that exceeds the minimum number of spaces required per unit. E. The property owner or responsible property manager shall, at all times, maintain their contact information posted in a conspicuous location near the primary entrance to the home. Such contact information shall also be allowed to be posted in a conspicuous location at a centralized management office, community entrance, or other common location provided such posting clearly identifies all applicable units for which the information serves. F. Developments with more than 15 BTR units shall be required to maintain an on-site property management office or staff presence to respond to resident concerns and ensure compliance with maintenance standards, to operate at minimum during regular business hours (Monday through Friday, 9:00 AM to 5:00 PM). G. All BTR units shall comply with the City’s architectural and site design requirements applicable to the underlying zoning district. H. Only one (1) build-to-rent unit shall be permitted per lot, as a permitted principal structure. No accessory structure shall be considered a build-to-rent unit. I. All BTR units shall comply with applicable building, fire, and life safety UDCs and shall be subject to inspection. J. All BTR Developments shall be registered with the City through a formal licensing process. This process shall include, but is not limited to, the following: 1. The property owner or operator shall submit an application form provided by the City, which shall include the address listings of all BTR units, owner contact information, responsible property manager (if applicable), and proof of ownership or leasehold interest. If the owner or operator is a corporate or limited liability entity, the application shall also identify a registered agent residing in Henry County and affiliated with the company to receive official correspondence and notices of violation. 2. BTR licenses shall be valid for a period of twelve (12) months from the date of issuance. License holders must submit a renewal application prior to expiration, along with any updated contact or operational information. 3. A non-refundable application and renewal fee shall be paid at the time of submission, as established by the City’s adopted fee schedule. 4. BTR licenses are non-transferable and may not be reassigned to a new owner or operator without reapplication and approval. 5. Failure to comply with applicable regulations, including but not limited to occupancy, safety, noise, or parking provisions, may result in the suspension or revocation of the BTR license. K. All BTR Developments shall be required to obtain and maintain a valid business license in accordance with the City’s occupational tax regulations. This requirement is in addition to the BTR license and shall be renewed annually. L. All signage associated with Build-to-Rent developments shall comply with the standards for residential land uses established in Chapter 6, Sign Standards, including but not limited to permitted monument, directional, informational, and temporary signage. 3.2.9 Cemeteries A. A cemetery may include one (1) or more of the following: a burial park for earth interments, a mausoleum for vault or crypt interments, and a columbarium. B. A cemetery may include a chapel or place of worship when it is operated in conjunction with, and within the boundaries of, such cemetery. C. Site design requirements are listed in the table below. Development Feature Standard Minimum land area: Registered cemeteries (per State law) 10 acres With a structure requiring a building permit 2 acres Without a structure requiring a building permit 1 acre Minimum setbacks for structures, storage, materials, equipment, or interment lots: Front yard 40 feet Side yard 20 feet Rear yard 20 feet Adjacent to any parcels zoned or used residentially 50 feet Minimum road frontage 100 feet D. Location Requirements. 1. No cemetery shall erect any structures nor conduct any activities within 75 feet of any one-hundred-year floodplain, wetland, or state water. 2. No cemetery shall erect any structures nor conduct any activities within 150 feet of any water well, unless the well is not functional. E. Mausoleums and Columbaria. Mausoleums and columbaria may be located within the boundaries of approved cemeteries only. Mausoleums and columbaria shall have primarily brick or stone facades. F. No cemetery shall be established on any property that is not a lot of record. G. Access. The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, the site shall have direct access to a thoroughfare by way of an access way not less than 20 feet wide. H. Health Approval and Perpetual Care. 1. All cemetery applicants shall notify the Henry County Health Department of the intent to build a cemetery and shall submit a letter from the county health department identifying the location of the cemetery in relation to any known drinking water wells as part of the application process. The City shall not approve any new cemetery absent Henry County Health Department approval. 2. All cemetery applicants shall provide a perpetual care plan to the Community Development Department. 3.2.10 Centers for Manufacturing, Produc on, Processing, or Assembly A. Applicability. This sec on sets forth specific site design standards required in addi on to those of the zoning district in which the use is proposed, applicable to the following uses: 1. Asphalt and concrete batch plants; 2. Central mixing plants for cement, mortar, and/or plaster; and 3. Food processing plants. B. Performance Standards. No such facility shall generate vibrations or electromagnetic interference that are detectable on any adjacent properties that are not associated with the subject land use. The operation shall minimize disturbances and adverse impacts on surrounding properties using the best available technology. Applications shall demonstrate the methodology necessary to ensure that the operation of such facilities complies with all applicable federal, state, and local laws. C. Additional development standards for such uses are provided in the table below. Development Feature Standard Minimum land area 2 acres Minimum building or structure setback from any parcels zoned or used residentially 100 feet Minimum buffer width 40 feet Loading docks Screened from view of adjacent properties and the public right-of-way Outdoor storage Screened from view from adjacent properties and the public right-of-way. Setback a minimum of 200 feet from any parcels zoned or used residentially. Refuse and solid waste containers Enclosed, except for an access gate, and screened from view from adjacent properties and the public right-of-way 3.2.11 Commercial Greenhouses and Plant Nurseries A. Commercial greenhouses and plant nurseries shall comply with the site design standards provided in the table below. Development Feature Standard Minimum land area 1.25 acres Outdoor storage and loading areas Setback from residential properties a minimum of 75 feet. Fully screened, by opaque fence or solid wall, from any view from adjacent properties and the public rightof-way. Storage of loose materials, such as topsoil, compost, mulch, gravel, and similar materials Fully enclosed by a solid fence or solid wall. Stockpiles of loose materials shall be limited in height to the height of the fence or wall that screens them, up to a maximum height of eight (8) feet. Minimum buffer width 25 feet 3.2.12 Co age Home Village Development A. A cottage court cluster development consists of a grouping of no fewer than four (4) and no more than 16 small attached or detached dwelling units oriented around a shared common open space and developed under a unified site design. Applicability. Review, and Site Plan Requirements. 1. A Co age Home Village Development shall be permi ed only in the zoning districts iden fied in Table 3.1, B, Land Uses and shall comply with this Sec on, all applicable provisions of the UDC, and all applicable local, state, and federal laws. 2. Prior to issuance of any land disturbance permit, building permit, final plat approval, or cer ficate of occupancy, as applicable, the applicant shall obtain approval of a concept plan, site plan, preliminary plat, final plat, or other development approval required by the UDC. 3. The required site plan shall show, at a minimum, dwelling unit loca ons, setbacks, building separa on, common open space, sidewalks and pedestrian connec ons, parking areas, refuse areas, u lity layout, stormwater facili es, fire access, hydrant loca ons, landscaping, buffers, ligh ng, phasing, and proposed ownership and maintenance documents. 4. No Co age Home shall be occupied un l all required permits, inspec ons, u lity connec ons, access improvements, and cer ficates of occupancy have been issued in accordance with applicable law. B. Density and Development Standards. 1. All co age home village developments shall sa sfy the following site design requirements. Standard Cottage Home Floor Area Not less than 1,000 square feet and not more than 1,250 square feet, excluding attached porches, garages, and accessory structures. Building Code Treatment Shall comply with the Georgia State Minimum Standard Residential Code as a conventional detached dwelling. Minimum Porch Area At least 60 square feet. Common Open Space At least 400 square feet per Cottage Home. Parking At least two (2) off-street parking spaces per Cottage Home, unless otherwise approved pursuant to the UDC. C. Size. The development shall have a minimum site area of three (3) acres. D. Maximum Density. The maximum residential density shall not exceed fifteen (15) dwelling units per gross acre. E. Development Size. Cottage Home Village Developments shall consist of a minimum of six (6) dwelling units. The maximum number of dwelling units shall be determined by the permitted density and compliance with all applicable provisions of this UDC. F. Building Size Categories. For purposes of this Section, a Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. G. Open Space. A minimum of 30% of the tract shall be dedicated to common open space. 1. A minimum of 400 hundred square feet of common open space shall be provided for each Cottage Home. 2. Required common open space shall be usable, improved, and designed as a central organizing feature of the development. Required common open space shall not include private yards, parking areas, vehicular areas, drive aisles, required buffers, required setbacks, refuse areas, or utility areas. Stormwater facilities, wetlands, floodplains, steep slopes, and similar constrained areas shall not count toward required common open space unless improved as a functional amenity and expressly approved by the City. 3. At least fifty percent (50%) of the Cottage Homes shall be oriented toward the common open space, with the primary entrance or covered front porch facing the common open space. 4. Every Cottage Home shall be located within 100 hundred feet walking distance of the common open space. 5. The common open space shall be designed so that Cottage Homes abut at least two (2) sides of the common open space. 6. Common open space shall be maintained in a safe and attractive condition and shall remain available for the common use and enjoyment of the residents of the development. H. Access, Emergency Services, and Private Drives. 1. All public streets, private streets, alleys, internal access drives, sidewalks, and pedestrian facilities shall be designed and constructed in accordance with applicable City standards, fire code requirements, and the approved site plan. 2. The development shall provide adequate emergency vehicle access, fire apparatus access roads, turnarounds, address visibility, hydrant locations, fire flow, and building separation as required by the Fire Marshal and applicable fire codes. 3. Private streets and internal access drives shall be subject to recorded maintenance obligations acceptable to the City prior to final plat approval or issuance of the first certificate of occupancy, whichever occurs first. I. Landscaping. 1. Street trees, in accordance with Section 13.8.4, Street Trees, shall be planted along all public and private streets. 2. Shade trees shall be provided throughout the Village Center. 3. Parking courts shall include landscape islands. 4. Existing mature trees should be preserved where practicable. 5. Native and drought-tolerant landscaping is encouraged. 6. Buffers Adjacent to Residential Communities. Where a Cottage Home Village Development abuts an existing residential subdivision, single-family residential district, or other established residential community, a minimum twenty-five (25) foot landscaped buffer shall be provided along the shared property line. The buffer shall include an evergreen vegetative screen, supplemented as necessary with berms, decorative fencing, or walls, to provide year-round visual screening and compatibility with adjacent communities. Existing mature trees and natural vegetation within the buffer area shall be preserved to the greatest extent practicable and may count toward the required buffer when approved by the Director. 7. Buffer Maintenance. Required buffers shall be maintained in a healthy, orderly, and attractive condition by the homeowners' association, property owners' association, condominium association, or other entity responsible for common area maintenance. Dead or diseased plant material shall be replaced within the next appropriate planting season, and no buildings, parking areas, drive aisles, stormwater facilities, refuse areas, or similar improvements shall be located within the required buffer except for approved pedestrian connections, utilities, fencing, walls, or landscaping improvements. J. Parking Design. 1. A minimum of two (2) off-street parking spaces shall be provided for each Co age Home, unless a different parking requirement, reduc on, or shared parking arrangement is approved pursuant to the UDC. 2. All required off-street parking shall be located on the site of Co age Home Village Development. 3. Parking may be provided within a garage, carport, parking court, parking structure, or as a surface parking area. 4. Surface parking areas shall be screened from public streets by one (1) or more of the following: a. Building facades; b. Garage doors; c. Decora ve fencing in combina on with landscaping; or d. Undisturbed landscaped buffers as approved by the Director. 5. Parking shall not be located within any required front yard. 6. Parking may be located between a principal structure and the rear property line or between a principal structure and an interior side property line, provided such side property line is not adjacent to a public street. 7. Large, uninterrupted surface parking areas are prohibited. Parking shall be arranged in small parking courts or other configura ons that complement the pedestrian-oriented design of the development. K. Setbacks. 1. Where a Cottage Home fronts a public street, the minimum front setback shall be fifteen (15) feet. Covered front porches may encroach into the required front setback by not more than seven (7) feet. 2. Where a Cottage Home fronts a private street or internal access drive, the minimum front setback shall be ten (10) feet. Covered front porches may encroach into the required front setback by not more than five (5) feet. 3. A minimum separation of ten (10) feet shall be maintained between all principal structures. L. Lot Design. 1. Lot dimensions within a Cottage Home Village Development may be reduced below the minimum lot area, width, and depth otherwise required by the underlying zoning district, provided the development complies with all applicable requirements of this Section and the UDC. 2. A Cottage Home Village Development may be developed on individual fee-simple lots, condominium units, rental lots, or a single commonly owned parcel, provided that access, utilities, common open space, maintenance responsibilities, and legal ownership arrangements are shown on the approved plans and recorded documents. M. Utilities. 1. All Cottage Homes shall be served by public water and sanitary sewer. 2. Utilities shall be installed underground where feasible. 3. Individual utility meters shall be provided for each dwelling unless otherwise approved. N. Prohibited Uses. 1. The following shall not be permitted within a Cottage Home Village Development: a. Recreational vehicles used as dwelling units. b. Tiny Houses on Wheels. c. Park model recreational vehicles. d. Manufactured homes. e. Mobile homes. f. Shipping containers used as dwelling units. g. Temporary structures intended for permanent residential occupancy. h. Hotel, motel, campground, recreational vehicle park, transient lodging, or short-term rental use, unless such use is expressly authorized by a separate provision of the Code and approved by the City. O. Accessory Structures, Storage, Phasing, and Certificates of Occupancy. 1. Accessory structures, detached storage buildings, bicycle storage, mail kiosks, carports, garages, community buildings, and similar improvements shall be shown on the approved site plan and shall comply with all applicable accessory structure, setback, building code, and design requirements. 2. Outdoor storage shall be prohibited except within approved enclosed structures or screened areas shown on the approved site plan. Storage of inoperable vehicles, construction materials, appliances, furniture, trash, or similar materials outside an enclosed structure is prohibited. 3. If a Cottage Home Village Development is constructed in phases, each phase shall provide proportional common open space, parking, sidewalks, utilities, stormwater facilities, fire access, landscaping, buffers, and amenities necessary to serve that phase, as determined by the City. 4. No certificate of occupancy shall be issued for any Cottage Home within a phase until required access, utilities, parking, sidewalks, fire protection, landscaping, buffers, common open space, and related common improvements serving that phase have been completed or guaranteed in a form acceptable to the City. P. Additional Development Standards. 1. All required common open space, recreational amenities, private streets, sidewalks, and other common improvements shall be owned and maintained by a homeowners' association, property owners' association, condominium association, or other entity approved by the City. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, and maintenance of such common facilities. 2. Each Cottage Home shall be equipped with, or designed to accommodate, clothes washer and dryer facilities through either: a. Individual washer and dryer connections within each dwelling unit; or b. A centralized laundry facility available for the exclusive use of residents within the Cottage Home Village Development. 3. The use of permeable pavement, pervious parking areas, rain gardens, bioswales, and other low-impact development (LID) practices is encouraged to reduce stormwater runoff. All Cottage Home Village Developments shall comply with the applicable stormwater management requirements of the UDC and all other applicable local, state, and federal regulations. Q. Design Standards. 1. Building Orientation. Cottage Homes shall be oriented toward a public street, private street, or common open space. Primary entrances shall not face parking areas unless no reasonable alternative exists due to site constraints. 2. Covered Front Porch. Each Cottage Home shall include a covered front porch with a minimum area of sixty (60) square feet. Covered front porches may encroach into required front setbacks as provided in this Section. 3. Exterior Building Materials. Exterior building materials shall consist of brick, natural stone, manufactured stone, fiber-cement siding, wood, engineered wood siding, or comparable residential-quality materials approved by the Director. Reflective metal siding exposed unfinished concrete masonry units, and corrugated metal panels shall be prohibited as primary exterior wall materials. 4. Roof Design. Roofs shall have a minimum pitch of 6:12 unless an alternative architectural design is approved by the Director. Flat roofs shall be prohibited except for architectural elements such as porches or accessory structures. 5. Building Entrances. The primary entrance of each Cottage Home shall be clearly defined through the use of porches, stoops, recessed entries, columns, or other architectural features. 6. Mechanical Equipment. Ground-mounted mechanical equipment, HVAC units, utility meters, and similar service equipment shall be screened from public view through landscaping, fencing, or architectural screening materials compatible with the principal structure. 7. Refuse Collection. Community refuse collection areas shall be enclosed on three (3) sides by masonry walls, decorative fencing, or comparable screening materials with an opaque gate. 8. Lighting. Exterior lighting shall be pedestrian-scaled and designed to minimize glare onto adjacent properties and public rights-of-way. 9. Architectural Variety. Building elevations, rooflines, colors, materials, and façade treatments shall incorporate variation throughout the development to avoid repetitive building designs. Adjacent Cottage Homes shall vary in at least three (3) of the following features: roof form or pitch, porch design, exterior wall material, trim details, window pattern, façade articulation, color palette, or front entry treatment. 10. Front Elevations. The front façade of each tiny home dwelling unit shall be composed of a minimum of 75% percent brick and/or stone, excluding windows, doors, and other architectural openings. The remaining portion of the façade may consist of complementary materials such as stucco, shake, or cementitious fiber cement siding. 11. Water Table Requirement. All side and rear elevations of cottage home dwelling units shall include a continuous masonry water table with a minimum height of four (4) feet measured from finished grade. The water table shall consist of brick or stone materials that are compatible with the primary materials used on the front façade and shall extend the full length of each side and rear elevation, except where interrupted by doors or other approved architectural features. 12. Prohibited Materials. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all cottage home dwelling units, including gables and eaves, unless otherwise expressly permitted by this UDC. R. Ownership and Maintenance. 1. Common open space and common facilities shall be required for all Cottage Home Village Developments. 2. Common open space and common facilities shall be owned and maintained by a homeowners' association, condominium association, property owners' association, or other legal entity approved by the City. 3. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, maintenance, and repair of all common open space, private streets, sidewalks, recreational amenities, stormwater facilities, utilities, and other commonly owned improvements. 4. The City may require performance guarantees, maintenance agreements, or other assurances authorized by law to ensure completion and long-term maintenance of required common improvements. 3.2.13 Data Centers A. Data Centers shall comply with the site design standards provided in the table below Development Feature Standard Minimum land area 20 acres Open Space 30 percent Minimum setbacks for all primary operational facilities and infrastructure, including data center buildings, electrical substations, emergency generators, and mechanical systems: From any public right-of-way 200 feet Adjacent to a nonresidential use or district 100 feet From any residential structure 1,320 feet B. Accessory structures that do not generate noise or emissions may be allowed in a setback subject to City approval. No such structure may be located within a required buffer. C. Layout. The layout and orientation of buildings and associated equipment must minimize visual impacts on surrounding properties. D. Principal building facades are subject to approval by the City and shall comply with the applicable design standards set forth in this UDC. E. Mechanical Equipment Screening. All exterior mechanical, electrical, and operational equipment associated with a data center, including but not limited to generators, cooling systems, substations, and rooftop equipment must be fully screened on all sides by an acoustical barrier designed to reduce noise impacts on adjacent properties. The design, materials, height, and effectiveness of acoustical barriers are subject to approval by the City. F. Lighting design must incorporate dark sky principles, fully shielded fixtures, and measures to prevent glare or light spillage onto adjacent properties. This includes all site lighting, including security lighting, building mounted lighting, and any perimeter illumination. G. The following environmental performance standards must be met: 1. The maximum noise output at any property line adjacent to a residential district or use is 55 dBA between the hours of 7:00am to 8:00pm. At all other times the maximum noise output is 45 dBA. a. Testing of generators or other equipment is only allowed during the hours of 10:00am to 5:00pm, Monday through Friday. Testing is not allowed on any holiday recognized by the City of Stockbridge. 2. Open evaporative cooling systems are prohibited. 3. Refrigerants for system cooling must meet minimum Global Warming Potential (GWP) requirements. Monitoring for refrigerant leakage and remediating impacts of leakage during operations is required. 4. Building materials with low embodied carbon must be utilized. 5. Stormwater management shall comply with all applicable City standards and incorporate best available and feasible practices, including green infrastructure and low impact development techniques, where practicable, to ensure postdevelopment runoff meets or exceeds predevelopment conditions and minimizes downstream impacts. H. Open Space Required. All data centers must preserve at least 30% of the gross lot area as natural, undisturbed open space. Buffers, stormwater features, and passive recreation areas may be utilized to satisfy this requirement upon approval by the County. I. When a greenway trail has been planned by the City or County, it must be constructed on the site. J. Prior to the issuance of a land disturbance permit, a Development Agreement must be executed between the developer and the City. The agreement must, at a minimum, address the following: 1. Compliance with the maximum noise limits set forth in this section and the most current City of Stockbridge Noise Ordinance, including during normal operations and testing activities. On-site noise monitoring equipment must be installed and maintained as a part of the agreement. 2. Power and energy efficiency reporting (PUE, ERE, WUE). 3. The establishment of performance metrics to limit potable water consumption through the use of a closed loop or similar system designed to minimize consumption and eliminate continuous discharge or evaporative loss. 4. Ongoing metering of energy and water usage and transparency of grid impact during operations. 5. Decommissioning, change of use, and site restoration. 6. Financial assurances such as performance bonds, security bonds, decommissioning bonds, or escrow accounts sufficient to ensure site restoration, infrastructure removal, environmental remediation, and long-term compliance with approved operational standards. 7. Ongoing assessment of facility impact on surrounding air and water quality during operations, including transparency of results and effective remediation of negative impacts if identified. 8. Emergency coordination with Fire, Public Safety, and utility providers. 9. Environmental Impact Summary and Operations Management Plan, including a third-party environmental impact study evaluating air, water, noise, and operational impacts. 10. Documentation of coordination with electric and water utility providers, including evaluation of infrastructure capacity, required upgrades, and cost allocation measures, demonstrating that project-related system improvements and service demands are borne by the applicant and not shifted to existing customers, with mitigation strategies incorporated into the Development Agreement. 11. Emergency generator testing and operational protocols, including testing schedules, duration, and noise mitigation measures, to ensure minimal impact on surrounding properties. 12. The use, storage, and management of batteries, fuels, backup power systems, or any hazardous materials associated with facility operations, including compliance with all Fire Marshal, EMA, and applicable life safety requirements. 13. How the project will contribute to the development of an inclusive, accessible, and mixed-use community surrounding the project via community benefits packaging infrastructure upgrades and reinvestment strategies. K. Relief from the standards of this Section may only be granted by the Mayor and City Council. 3.2.14 Drone Delivery Service A. Certifications and Requirements. The Federal Aviation Administration (FAA) has exclusive jurisdiction over aviation safety and the efficient use of the national airspace, including the operation, flight paths, and altitude of unmanned aircraft systems (UAS), commonly referred to as drones. The city seeks to clarify the jurisdictional boundaries between federal and local authority regarding the operation of unmanned aircraft systems (UAS), specifically those used for commercial delivery services, and to ensure local regulations are consistent with federal law 1. All drone delivery services opera ng within the City of Stockbridge must comply with FAA regula ons, including, but not limited to: a. Part 107 of Title 14 of the UDC of Federal Regulations (CFR) governing commercial drone operations. b. Remote identification requirements under Part 89. c. Registration and marking requirements under Part 48. d. Operational limitations such as maximum altitude, line-of-sight requirements, and restrictions on flying over people or moving vehicles. e. All pilots must obtain and retain a remote pilot certification from the Federal Aviation Agency as required under 14 CFR part 61. 2. Drone delivery service is allowable by special administra ve permit. B. Use Standards for Commercial Drone Delivery Hub. 1. Commercial drone delivery hubs may be permi ed by special use permit in the C-2, LI, and HI districts when the requirements of this sec on are met. 2. A commercial drone delivery hub established as a primary use shall be limited to no more than 10,000 square feet in total floor area. 3. Commercial drone delivery hub may be permi ed as an accessory use, by special use permit, for food/grocery store, restaurant/cafeteria, retail store, shopping center, superstore, drug store, or warehouse/distribu on center use in any district when the requirements of this sec on are met. a. A commercial drone delivery hub established as an accessory use shall be limited to a maximum of ten percent (10%) of the total floor area of the building containing the primary use, or 10,000 square feet, whichever is less. 4. The drone staging area must be designated on an approved site plan. As accessory use, the drone staging area is limited to ten percent (10%) of the total lot area. The drone staging area must not be placed: a. Within any required building setbacks; b. Within any required landscape edge; c. Within fire lanes, easements, maneuvering aisles, customer pick-up lanes, or required loading zones and parking spaces; or d. So as to obstruct visibility or interfere with pedestrian or vehicle circulation. 5. A drone staging area located inside of or on the roof of the building containing the primary use is not subject to this limita on. When a drone staging area is located on top of a building: a. Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements; and b. Any additional structure, parapet wall, screening, safety railing, or other appurtenance associated with the commercial drone delivery hub is subject to the maximum height requirement of the district, except a single mast up to ten (10) feet in height for a windsock may exceed the maximum height requirement; and c. When located at grade, any goods, materials, containers, trailers, or other equipment must be screened. Landing pads are exempt from this screening requirement. C. Noise Restrictions. The drone staging area for a commercial drone delivery hub shall not be located within 300 feet of any property upon which a school, dwelling, retirement and supportive housing facility, or public park is located. 1. The three-hundred-foot buffer requirement may be reduced to 150 feet should Mayor and City Council finds that issuance of the specific use permit would not be detrimental or injurious to the public health, safety, or general welfare of the neighborhood. 2. The measurement of the required buffer is to be made in a straight horizontal line from the edge of the drone staging area to the closest property line of a property containing a school, dwelling, re rement, and suppor ve housing facility use, or public park. D. Parking. 1. In addi on to the requirements of this Sec on, parking for drone delivery service uses shall comply with Chapter 5, Parking Requirements. 2. Loading spaces shall be provided for a commercial drone delivery hub. Loading spaces are not required for an accessory commercial drone delivery hub use. E. Security. 1. The commercial drone hub at grade shall be enclosed with a fence consis ng of masonry, decora ve iron, or chain link that is coated with black vinyl. 2. The commercial drone hub shall u lize a 360-degree security camera system, with twenty-four-hour monitoring. Such monitoring shall include con nuous recording and/or twenty-four-hour ac ve monitoring by personnel or other adequate monitoring service, as approved by Mayor and City Council. F. Operating Hours. Delivery operations shall be limited to the operating hours of the principal retail establishment from which deliveries are initiated. No drone delivery operations shall occur outside of the principal business's regular hours. 3.2.15 Electrical Substa ons A. All electrical substations shall be fully enclosed on all sides with a solid fence, equipped with a gate, or fully screened with a landscaped buffer that meets the standards listed in the table below and in accordance with Chapter 13, Buffers, Landscaping, and Tree Protection. Development Feature Standard Minimum buffer width 25 feet Minimum tree density One (1) tree for each 25 linear feet of buffer Minimum shrub density One (1) large screening shrub for each eight (8) linear feet, plus continuous hedge consisting of double staggered rows of shrubs 3.2.16 Electric Vehicle Charging Sta ons A. Electric vehicle charging stations may be permitted as an accessory use in all zoning districts. A permit shall be required to install any electric vehicle charging stations, except for private charging facilities on parcels containing single-family residences that are intended for the residential occupants and not for profit. B. Electrical vehicle charging stations may collect fees for the use of an electric vehicle charging station made available to residents, employees, and visitors to the property. C. Residential developments which exceed 150 dwelling units shall provide at least one electric vehicle charging station (pedestal) spaces in accordance with Section 5.8.2, D. 3.2.17 Emergency Response and Public Safety Facili es A. All emergency response facilities shall comply with the following requirements. Development Feature Standard Minimum setback from any parcels zoned or used residentially 100 feet Minimum buffer width 20 feet when located adjacent to any parcels zoned or used residentially 3.2.18 Fences and Walls A. General standards for the installation and maintenance of fences and walls shall be satisfied as provided below. 1. In the event of a conflict between the contents of this section and any overlay district within the City, the stricter requirements shall control. 2. No privately-owned fence or wall shall be installed within any public street rightof-way or within any city-owned area. 3. No fence or wall shall block access to utility easements between lots. 4. No fence or wall shall be installed so that it obstructs the sight vision at any street intersection, or if it in any way creates a hazard to traffic. 5. No fence or wall shall be installed as to limit access to a property for emergency purposes. 6. If a fence is designed so that its structural supports are primarily on one side, that side must always be toward the interior of the fenced property. 7. If a fence or wall is required by any governmental authority to provide for the safety and security of the residents of the City, that fence or wall shall not be removed or otherwise left in an unsafe condition for any reason without the approval of the city manager, and without proper precautions being taken to provide for continuous protection. 8. It shall be the responsibility of the owner of the property on which a fence or wall is located to maintain that fence in good and proper repair so that at all times it presents a neat and orderly appearance to surrounding property owners and to the general public. 9. Any fence or wall that is damaged by accident or an act of God shall be properly repaired within 90 days of the date of damage. Fencing required for public safety purposes shall be repaired within 30 days of the date of damage. B. Fence Design Standards. 1. All fences within the City shall be constructed of pressurized wood (including cedar, cypress, or pine), brick, wrought iron, or chain-link. a. In the event the fence is constructed of chain-link, all exposed metal parts must be vinyl-coated or painted. b. Chain-link fences in residential zoning districts shall not be visible from any abutting right-of-way. 2. No fence or por on of a fence shall exceed six (6) feet in height in a residen al district. a. Fences enclosing athle c courts and fields, such as basketball courts and tennis courts, shall not exceed 12 feet in height. This regula on shall control over conflic ng fence height standards in this Sec on. 3. No fence that is installed in a residen al front yard shall be greater than four (4) feet in height. 4. No fence or por on of a fence shall exceed eight (8) feet in height in any commercial or industrial district except for the containment of swimming pools or athle c courts. 5. Barbed wire, razor wire, concer na wire, and similar fencing materials and treatments shall be prohibited. C. Temporary Fences. The Director may permit the installation of a temporary fence of material which is not otherwise allowed under this section at a construction site, if it is felt that the fence would be necessary to protect the public safety or would be necessary to provide proper security for the site. A temporary fence shall remain in place for no more than one (1) year and must comply with the following conditions: 1. Temporary fences shall not exceed six (6) feet in height if they are located within any setback area; and D. Retaining Wall Design Standards. 1. No retaining wall shall exceed 4 feet in height within 10 feet of a front property line. 2. Walls visible from an adjoining property shall be tiered so that no single tier is taller than 20 feet. 3. Retaining walls visible from the public right-of-way shall be faced with stone, brick, or textured cement masonry. E. Permit. A permit shall be required for all work performed in association with the construction, alteration, or relocation of a fence or wall, except where otherwise specified herein. Fences and walls for which a permit is not required: 1. Repairs. Repairs to an existing fence or wall with no structural changes. 2. Replacement. Replacement of an existing fence with a new fence that is the same type and height and in the same location as the existing fence; provided the replacement fence is otherwise in full compliance with this chapter. 3. Gates. The installation of gates of up to eight (8) feet in width in an existing fence or wall with no structural changes. 4. Applications for fence permits shall be made upon forms provided by the Community Development Department. The following information shall be provided with the application: a. A site plan depicting: i. Existing and proposed fences and walls; ii. Existing structures; iii. Easements; and iv. Required setback dimensions. b. Construction details of the proposed fence or wall with all appropriate dimensions. c. Engineered stamped plans for retaining walls over four (4) in height. d. Written consent of all adjacent property owners, or a certified survey verifying the location of lot boundaries, if a fence or wall is proposed to cross or overlap a property line. e. Other information that the Director may be required to show full compliance with this Chapter. 3.2.19 Fueling Sta ons A. The contents of this subsection apply to all properties containing the sale of gasoline, diesel, or other vehicle fuels, except for electricity, as a business function. B. Fueling stations may function as primary land uses with one or more of the following accessory land uses present: retail sales of automotive accessories; sale of food and sundries; convenience store; inspection stations for emissions; or manual/hand car washes. C. No fueling station shall be located less than 800 feet from any other fueling station. This distance requirement shall be measured in a straight line from property line to property line of another existing fuel service station. D. Fueling stations, whether operated as a primary or accessory land use, shall abide by the following development requirements. Development Feature Standard Minimum Setback: Separation of all fuel canopies or fuel islands from any parcels zoned or used residentially 40 feet Site access Access drives shall be a minimum of 20 feet from the intersection of street right-of-way lines Minimum buffer width 25 feet when located adjacent to any parcels zoned or used residentially; said buffer shall include a solid wall or solid fence not less than six (6) feet in height E. A fueling station must be located on a property which has frontage on either a collector or an arterial road, as is classified by the Georgia Department of Transportation or the Henry County Department of Transportation. F. Nothing in this subsection shall be construed as to provide exemption or relief from any requirements of this UDC or any other local, state, or federal regulations. G. All buildings on any property containing a fueling station must have all facades consisting of primarily brick or stone. H. All fueling stations must be accompanied by, or located on a parcel with, a building with a heated floor area of no less than 5,000 square feet. This building shall contain at least two (2) suites. 3.2.20 Funeral Homes, Mortuaries, and Crematoriums A. All funeral homes and mortuaries, with or without crematoriums, shall satisfy applicable assembly use restrictions and provide designated and adequate off-street vehicle queuing space pursuant to the facility capacity: 1. Facility containing less than 100 seats: Minimum one queuing area at least 100 feet in length. 2. Facility containing between 100 and 200 seats: Minimum one queueing area at least 150 feet in length. 3. Facility containing greater than 200 seats: No less than ten (10) linear feet of queueing area for every ten (10) seats, rounded up to the nearest ten linear feet. No queueing area less than 100 feet in length shall count towards satisfying this requirement. In no event shall greater than 500 linear feet of queuing area be required. 3.2.21 Golf Courses and Driving Ranges A. The following land uses shall be considered accessory to a golf course or driving range, provided they are secondary to the principal function of the property as a golf course or driving range: 1. A clubhouse, which may include the sale of sports equipment, golf accessories, and food and beverages. 2. An equipment building for maintenance, minor repairs, and storage B. All golf courses shall be par three (3), executive, private, semi-private, or regulation. C. Site design standards for golf courses and driving ranges are provided in the table below. Development Feature Standard Minimum site area Three (3) acres Minimum building/structure setback from any parcels zoned or used residentially 100 feet Safety netting for driving ranges Required on the entire perimeter of the playing area abutting public streets or any adjacent property; Minimum of 40 feet in height. Outdoor lighting for driving range, tees, greens, and fairways Directed and shielded to avoid illumination of properties used or zoned for residential purposes. Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property. Outdoor lighting shall be turned off not later than 10:00 p.m. Loudspeakers or paging systems Prohibited Outdoor storage and loading areas Fully screened from view from adjacent properties and from the public right-of-way Golf cart crossings Shall be plainly marked and located for safety of both the cart users and persons using sidewalks or streets that are crossed. 3.2.22 Home Occupa ons A. Exclusions. The following uses are not considered home occupations and are not subject to the home occupation regulations of this section. Each use is allowed as indicated in the land use table and shall be subject to applicable use regulations outlined in this UDC. 1. Personal Care Homes. 2. Day Care. 3. Bed and Breakfast. 4. Short-Term Rentals. B. Prohibited Home Occupations. The following uses are expressly prohibited as home occupations: 1. Any type of assembly, cleaning, maintenance, or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators); and, 2. Dispatch centers or other businesses where employees come to the site and are dispatched to other locations; and, 3. Vehicle sharing and rental services, including but not limited to the rental, lease, storage, staging, dispatch, pickup, or return of motor vehicles by persons not residing on the property, including peer-to-peer vehicle sharing or similar services; and, 4. Equipment or supply rental businesses; and, 5. Taxi, limo, van, or bus services; and, 6. Tow truck services; and, 7. Moto vehicle sales or rentals, remote; and 8. Firearms sales establishment; and, 9. Eating or drinking places; and, 10. Funeral or interment services; and, 11. Animal care, grooming, or boarding businesses; 12. Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building; and 13. Family day care centers, as defined in this UDC. C. All home occupations shall be subject to the following requirements: 1. Only the residents of the dwelling may be engaged in the home occupa on. 2. The home occupa on shall be clearly incidental to the residen al use of the dwelling and shall not change the residen al character of the building. 3. No display of products shall be visible from the street except agricultural products that are grown on the premises in a RR zoning district. Only products that are produced or harvested on the premises may be sold on the premises. 4. No signs shall be allowed for iden fying the premises as a home occupa on, except in the RR district. 5. Use of a dwelling for a home occupa on shall not exceed twenty-five percent (25%) of the total heated floor area. 6. No interior or exterior altera ons that are inconsistent with the residen al use of the building shall be permi ed. 7. No outdoor storage of materials to be used in connec on with a home occupa on is permi ed, except in an RR district, where outdoor storage is permi ed behind the rear plane of the principal building. To the extent that large or hazardous materials are used by a home occupa on, the applicant shall be required to store such materials at a site other than the home occupa on, consistent with applicable zoning and land use laws. 8. No accessory buildings shall be used in connec on with the home occupa on except for agricultural func ons. 9. Applicants shall not be allowed to have customers visit the home occupa on, except as follows: a. The conduct of a home occupation involving rendering of services, such as those listed below, will be allowed subject to the following limitation(s): i. Instruction in music and similar subjects, beauty shops, barber shops, manicurists, and similar occupations shall be limited to two (2) clients at a time, subject to further restrictions for certain types of businesses. b. Any service provider conducting a home occupation under this section shall not be allowed to market and sell goods or products on the premises of the home occupation. c. Nothing in this section shall preclude the owner of a home occupation from meeting customers at a site other than the home occupation, consistent with applicable zoning and land use laws. 10. Only passenger vehicles, pickup trucks, vans, and trailers that are pulled by such vehicles may be used in connec on with the management of a home occupa on. trailers shall be stored in a garage or accessory structure when they are not in use, and no vehicle or trailer shall feature commercial adver sing or marks iden fying a commercial use of said vehicle. 11. All home occupa ons shall obtain an occupa onal tax cer ficate, or business license, from the city. The City Clerk is hereby authorized to accept applica ons and either grant the same if an applicant demonstrates compliance with the requirements of this sec on or refer the ma er to the Mayor and City Council for ac on. 12. Agricultural ac vi es that are associated with the raising of crops and farm animals on proper es which are over three (3) acres in size shall not be subject to the requirements for home occupa ons. 13. The city reserves the right to establish sanita on rates for home occupa ons that are higher than those for residen al customers generally. All home occupa ons shall pay for sanita on services at the higher rate, and in a mely manner, or face the revoca on of a previously-issued occupa onal tax cer ficate, denial of the rights to engage in a home occupa on in the future, or any other civil penal es that are authorized by law. 3.2.23 Hospitals A. Site design standards for hospitals are provided in the table below. Development Feature Minimum site area Minimum setbacks, at side and rear property lines Emergency vehicle access Standard Five (5) acres 50 feet Shall not face residentially zoned properties 3.2.24 Keeping or Raising of Livestock A. The keeping or raising of livestock shall not occur on any lot measuring less than three (3) acres. B. The keeping or raising of animals or fowl shall be subject to all regulations of the Henry County Health Department and the Henry County Animal Control Ordinance. 3.2.25 Livestock Processing and Feedlots A. Livestock processing and feedlots shall meet applicable State and Federal standards for confinement feeding operations. B. A planted buffer no less than 100 hundred feet in width is required at all side and rear property lines. 3.2.26 Mines and Quarries A. Where an existing quarry is proposed for extension or expansion beyond the property lines of the quarry area, such extension or expansion shall be considered as a new operation and require a special use permit, subject to the standards that are set forth in this section. B. The area where mining or quarrying operations are conducted shall be fully enclosed with a fence or wall, and they must meet the following requirements: 1. The fence or wall shall be located at least ten (10) feet from the edge of any excavation. 2. The fence or wall shall be designed and installed to ensure safety and security of the site, maintaining a minimum height of eight (8) feet. C. Product piles, spoil piles, or any other accumulation of by-products shall not exceed thirty-five (35) feet in height above the original contour of the site. D. A mining land use plan, conforming to the requirements of Federal and State law, shall be required prior to the approval of any mining or quarrying activity. 3.2.27 Nursing Homes, Assisted Living, and Hospice Care Facili es A. Prior to the establishment of a nursing home, assisted living, or hospice facility, the applicant shall complete the formal application process. Each application shall include an affidavit that the applicant either has applied for or will immediately apply for the corresponding permit or authorization for the operation of the facility from the State of Georgia Department of Community Health in accordance with its rules and regulations and the affidavit shall also certify that the proposed facility will meet and be operated in conformance with all applicable State and Federal laws and regulations and with all UDCs and regulations of the city. B. All application forms and information submitted to the State of Georgia Department of Community Health shall also be provided to the City at the time of application. C. The Director may require clarification or additional information from the applicant that is deemed necessary to determine whether operation will meet applicable laws, regulations and development standards. D. If the Director determines that an application to operate the facility is in compliance with the applicable requirements, they shall approve the application for a permit, but the permit for operation shall not be issued until the applicant has obtained the corresponding permit or authorization for operation of the facility from the State of Georgia Department of Community Health. E. No permit for the operation of the facility shall be transferable. F. No nursing home, assisted living, or hospice facility shall be located within 1,000 feet of any other facility of the same type. Distances shall be measured in a straight line from the closest property lines upon which each facility is located. G. All such facilities must provide at least 80 square feet of personal living space per resident or that amount required by the State of Georgia for the licensing of such facilities, whichever is greater. H. The site design standards presented in the table below are required for nursing homes, assisted living, and hospice care facilities. Development Feature Minimum site area Minimum setbacks at side and rear property lines Place of operation Standard One (1) acre 50 feet Freestanding structure, or within a religious facility provided a special use permit has been obtained Number of children or adults Hours of operation Minimum buffer width Two (2) or more to be operational Required to be open for 24 hours (with 24-hour supervision required for all residents) 50-foot planted buffers, when located adjacent to a residential zoning district 3.2.28 Outdoor Storage A. The outdoor storage regulations of this section apply to the storage of goods, materials, and equipment as an accessory use to commercial or industrial use types, as identified on the land use table, when located outside of enclosed buildings, including but not limited to: 1. Materials in boxes, in crates, or on pallets. 2. The storage of vehicles and engine powered devices for greater than 24 continuous hours. 3. Construction, landscaping, and contractor equipment. 4. Fleet vehicles and moving vehicles. 5. Construction and landscaping materials such as lumber, pipe, steel, dirt, mulch, recycled material, or similar items. 6. Garbage, landscape waste, and rubbish. B. On lots in the RR district, accessory outdoor storage shall not occur on parcels less than two (2) acres in land area. C. Accessory outdoor storage shall not be located within any minimum required front yard and shall not extend closer to the front property line than the front plane of the principal building located on the subject property. D. Accessory outdoor storage areas shall be fully enclosed at minimum by a fence not less than six (6) feet in height containing opaque material to provide visual screening. Operable fleet vehicles do not require screening. E. Accessory outdoor storage shall not occur within any minimum required landscape strip or zoning buffer. F. The following principal land use types shall be exempt from the provisions of this section, provided they meet other applicable requirements of this Chapter: 1. Bona fide car dealerships that are registered with the State. 2. Junk yards and salvage yards. 3. Truck staging facilities. 4. Truck storage facilities. 3.2.29 Personal Care Homes, Group Homes, and Boarding Homes A. Each personal care home, boarding home, and group home shall be subject to the following requirements: 1. All regulated facili es shall comply with State regula ons, building UDCs, and life safety requirements, and acquire applicable State licenses, prior to opera on. 2. The exterior appearance of any residen al structure for which a personal care home, boarding home, or group home is approved, shall be maintained as a residen al structure and no signs shall be erected. 3. All facili es must apply for and receive a city business license prior to opera on. 4. The following development requirements shall also be sa sfied, outlined in the table below. Development Feature Standard Minimum site area Residential—1 acre Non-residential—30,000 square feet Minimum distance from similar facility 1,500 feet Fence requirement In residential districts, properties must have a fenced rear yard 3.2.30 Places of Assembly A. Requirements Applicable to All Places of Assembly. 1. Facilities and structures considered to be places of assembly are provided in the land use table of this chapter. 2. All places of assembly designed to serve more than 50 persons at any given time (whether or not the place of assembly is actually occupied by more than fifty (50) persons), shall meet the following requirements: a. Be located on a lot fronting an arterial or collector street; and b. Be located on a tract of land not less than two (2) acres in area and having a street frontage of not less than 200 feet. In the case of parcels of land containing multiple tenants, the total land area shall be prorated among the tenant spaces based on square footage of each tenant space. In such cases, the prorated area for the place of assembly shall be not less than two (2) acres in area. 3. Outdoor amusement facili es, including but not limited to miniature golf, carnivals, and go-kart tracks, may include accessory land uses such as the sale of retail goods, food, and beverages. All retail and food and drink sale ac vi es shall be contained within the facility and shall not be accessible to the general public, absent entrance into the facility. 4. Master Site Plan Required. A master site plan shall be provided to the Community Development Department prior to the issuance of any building or development permit for a place of assembly or its accessory land uses. At minimum, this plan shall iden fy/indicate the following: a. The principal use and each accessory use that is proposed on the site. b. The hours of opera on and the peak mes of use (parking demand) for the primary use, as well as for and each accessory use on the site. c. A parking plan to show areas that are designated for overflow parking during mes of extraordinary use (such as fes val or holiday periods). 5. Nothing in this section shall be deemed to amend or otherwise alter any life safety UDC or any other provision of this UDC unless expressly provided for herein. B. Specific Site Design Requirements. This subsection sets forth specific site design standards required in addition to those of the zoning district in which the use is proposed and those stated above, applicable to the places of assembly uses listed in the table below. Place of Assembly: Outdoor Assembly Operations (to include fairgrounds, outdoor amusements, amphitheaters, civic centers, convention centers, rodeos, and outdoor armories) Development Feature Standard Minimum site area Two (2) acres Minimum setbacks for buildings: Abutting any parcels zoned or used residentially 125 feet Abutting all other parcels 75 feet Minimum setback for outdoor stage or performance area: Abutting any parcels zoned or used residentially 600 feet Abutting all other parcels 200 feet Minimum setback for parking lots and access drives, when abutting any parcels zoned or used residentially: 200 feet Parking lot design Aisles may be paved; spaces may be paved, grass, dirt, or gravel Minimum buffer 50 feet wide buffer as specified in this UDC, plus a wall with noise abatement features Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Outdoor storage and loading areas Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 200 feet from any residentially zoned property Refuse and solid waste containers Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 100 feet from all property lines Sanitation facilities, temporary or permanent Screened from view from adjacent properties and from the public right-of-way and setback a minimum of 200 feet from all property lines Vibration or electromagnetic interference Shall not be detectable on adjacent properties Place of Assembly: Indoor Assembly Operations (to include convention center, civic centers, centers for performing arts, and indoor armories) Development Feature Standard Minimum site area Five (5) acres Minimum setback for buildings: Abutting any parcels zoned or used residentially 100 feet Abutting all other parcels 50 feet Minimum setback for parking lots and access drives, when abutting any parcels zoned or used residentially 100 feet Access management traffic flow Designed to avoid residential and local streets Minimum buffer 25-foot-wide planted buffer Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Outdoor storage and loading areas Fully screened from view from adjacent properties and the public right-of-way Setback a minimum of 100 feet from residentially zoned property Vibration or electromagnetic interference Shall not be detectable on adjacent properties Place of Assembly: Athletic Fields Development Feature Standard Minimum site area Two (2) acres Minimum road frontage 100 feet Minimum buffers (sides and rear) 20-foot-wide planted buffer Building and structure materials Brick, stone, stucco, glass, cement fiberboard or masonry materials compatible with structures in the surrounding area Building setbacks 50 feet from all property lines Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Place of Assembly: Place of Worship (On properties containing places of worship, uses and activities other than worship shall be considered accessory uses and shall be clearly ancillary to the primary use. Such uses and activities shall operate in accordance with all applicable local and state requirements/licensing. Additionally, accessory uses shall be subject to relevant specific use standards outlined in this chapter.) Development Feature Standard Minimum site area Two (2) acres Minimum buffers (sides and rear) 20-foot-wide planted buffer Building setbacks 50 feet from all property lines Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Loudspeakers or paging systems Designed, installed, and used such that they are in accordance with the city noise ordinance Place of Assembly: Lodges and Event Facilities Development Feature Standard Minimum site area Two (2) acres Minimum lot width 200 feet Lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Drop-off and pick-up areas Designed and located away from residential areas and separated from parking areas 3.2.31 Relocated Structures A. Except as provided in this section, no application for a relocated structure permit shall be approved, nor shall any structure be moved or occupied prior to meeting all requirements of this section. B. For the purposes of this Section, a relocated dwelling shall be defined as a pre-existing structure which has been moved to another property or to a different location on the same property. Factory-built modular and manufactured homes are exempt from this section. C. All structure relocation proposals shall demonstrate compliance with the regulations of the zoning district they will be moved to prior to commencement of relocation activities. D. All structure relocation proposals shall obtain Henry County Health Department approval prior to commencement of relocation activities. E. No building permit application for a relocated structure shall be approved until a complete inspection of the structure is completed by the City. An application for a relocated structure inspection shall be completed on forms that are provided by the City prior to any request for inspection. The inspection shall determine compliance or the feasibility of the compliance to all existing building UDCs, development UDCs, and ordinances which have been adopted by the City. Depending upon the size, age, condition or design of the structure, additional assessments may be required by a structural engineer to evaluate the suitability of the structure for relocating. The engineering inspection and report fee for the relocated structure shall be paid by the applicant. If the City determines that compliance with existing UDCs is not feasible, the application for the building permit shall be denied. All such denials shall be in writing specifying the reasons therefore and shall be signed by the Director. F. Following relocation of the structure and prior to and for re-inspecting, the owner of the relocated structure shall, at the owner's choice, remove either the interior wall covering on all exterior walls or the exterior wall covering on all exterior walls. If necessary, and at the direction of the Director regarding the interior load-bearing walls, the owner shall remove one (1) side of these interior walls and the city shall then re-inspect the structure to ensure that its structural integrity has not been compromised and that any required improvements remain feasible. G. The inspection fee shall be as set forth in the fee schedule established by the City which shall be paid prior to any inspections. H. To ensure that the structure will meet all current building construction UDCs of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within six (6) months from the date of issuance of the building permit, the owner of the relocated structure shall provide an irrevocable letter of credit or irrevocable bank escrow letter of surety in the amount of ten thousand dollars ($10,000.00) in a form that is approved by the city attorney. Such irrevocable letters of credit or irrevocable bank escrow letters of surety shall be issued from a federally insured banking institution. I. A building permit shall be obtained from the building safety division for a relocated structure prior to locating such structure on a lot. The fee for the permit shall be as set forth in the City of Stockbridge fee schedule. J. All applications for permit shall be accompanied by a sworn affidavit that the applicant is the owner of the relocated structure and the owner of real property on which the structure is to be relocated. K. Certification of Occupancy. A certificate of occupancy shall be issued upon the passing of a final inspection of a structure and shall verify the completion requirements of this section, including compliance with all existing building and life safety UDCs. L. Route approval shall be required as provided below: 1. Prior to the issuance of a permit for a relocated structure, the applicant must first submit and receive approval from the police department and the City of Stockbridge regarding the proposed route. The applicant shall provide the name and address of the moving company, owner of structure to be moved, des na on of structure, type and size of structure, descrip on of the proposed route, and proof of sufficient insurance. Such approval and informa on must be on forms that are furnished by the Director. 2. Prior to moving a pre-exis ng structure through the City to a loca on outside of the jurisdic onal limits, routes must be approved by the police department and the City of Stockbridge on forms provided by the director. The applicant shall provide the name and address of the moving company, owner of structure to be moved, des na on of structure, type and size of structure, map of the proposed route and insurance company. If a police escort is necessary, it must be prearranged with the police department no less than three (3) business days prior to moving a structure through the City of Stockbridge. M. Any firm or individual who is moving structures into or through the City of Stockbridge shall provide a valid copy of the Georgia Department of Transportation oversize/overweight permit for the structures and a certificate of liability insurance, naming the City of Stockbridge as the certificate holder, that meets or exceeds the minimum insurance standards that are required by the Georgia Department of Transportation. N. No application for a building permit shall be approved until a performance bond, an irrevocable letter of credit, or an irrevocable bank escrow letter of surety is first provided as required by this Section. O. The work that is authorized by any permit for a relocated structure must be completed in compliance with all UDCs and ordinances of the City of Stockbridge within six (6) months from the date of issuance of the building permit, unless it is extended as provided herein. In the event that such a structure is not in compliance and/or is not completed within the specified time limit, the building official shall notify the owner in writing, giving specific causes of noncompliance or non-completion. Upon notification, the owner shall have 30 calendar days to correct such noncompliance or noncompletion. Failure of the owner to correct causes of noncompliance or noncompletion, and the owner has not received an extension of completion time, shall cause a notice to move or demolish such structure to be issued to the owner immediately. Failure to move or demolish such structure within ten (10) calendar days of such notice being given shall be deemed a violation of this section and shall be punishable in the municipal court of the City of Stockbridge and the director shall authorize the surety or bank issuing the irrevocable letter of credit or escrow letter of surety to release all funds to the City. P. The Director may issue a 90 day extension of completion time for cause beyond the original six-month compliance/completion period upon the receipt of a written request by the owner stating the reason for the extension and payment of applicable fees. A second ninety-day extension may be issued following the first ninety-day extension upon written request by the owner stating the reason for the second request. Approval or denial of an extension shall be in writing and authorized by the Building Official. Permission for a greater extension of time may only be granted through a formal decision by The Mayor and City Council following completion of an application for an extension. An extension of the irrevocable letter of credit, or irrevocable bank escrow letter of surety, may be required if sufficient time does not remain on the performance irrevocable letter of credit or irrevocable bank escrow letter of surety to ensure that the structure will meet all current building construction UDCs of the City of Stockbridge and that the renovation of the relocated structure is completed and ready for occupancy within the specified time. Fees for each extension shall be as set forth by the City. 3.2.32 Roadside Produce Stands A. Roadside produce stands shall only sell vegetables, fruit, produce, eggs, jams, jellies, and other agricultural products that are produced on the premises. Live poultry and livestock shall not be sold. B. Roadside produce stands shall meet the requirements provided below. Development Feature Standard Maximum area 500 square feet of total produce stand floor area per property Produce stand setback requirements 10 feet from rights-of-way; Minimum zoning district building setbacks shall be satisfied along all other property boundaries Parking Parking shall be provided out of the right-of-way; Parking areas shall be paved, gravel, or be of another dustfree surface Outdoor storage Fully screened from visibility from the right-of-way Exterior lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property 3.2.33 Salvage Yards and/or Junkyards A. Sanitary landfills shall not be permitted as part of a salvage yard or junkyard use. B. The site design standards for salvage yards and junkyards are set forth in the table below. Development Feature Standard Minimum site area Two (2) acres Minimum setback from any abutting parcels zoned or used residentially 200 feet Minimum setback from all other abutting parcels 100 feet Screening required Opaque wall or fence not less than 6 feet in height Storage of salvaged or junk materials Shall not exceed the height of the fence or wall Planted buffers 40 feet wide along all property lines 3.2.34 Schools, Academic, Public or Private A. Schools shall satisfy the site design standards presented in the table below. Development Feature Standard Minimum site area Three (3) acres Minimum lot width 200 feet Minimum planted buffers 20 feet wide or zoning district standards, whichever is greater Outdoor recreation areas Setback a minimum of 75 feet from any abutting parcels zoned or used residentially; Fully enclosed by a solid decorative fence, a minimum of four (4) feet in height. Outdoor lighting Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property Drop-off and pick-up areas Designed and located away from residential areas and separated from parking areas 3.2.35 Self-Service Storage Facili es A. Self-service storage facilities are intended for the passive keeping of personal goods and items. No tenant, renter, lessee, or guest may conduct any of the following activities on facility grounds: 1. Retail sales. 2. Manufacturing, fabrication, processing, and similar industrial activities. 3. Repair services. 4. Professional, vocational, academic, musical, or arts instruction or training. 5. Establishment of an office or administrative facility. 6. Storage of flammable liquids, highly combustible or explosive materials, or hazardous wastes or chemicals. B. All self-service storage facilities shall satisfy the following site design requirements. Development Feature Standard Minimum site area 2.5 acres Minimum lot width 100 feet Minimum setbacks for buildings and outdoor storage areas: Front yard 75 feet Side yard 25 feet Rear yard 25 feet Planted buffer requirements: Abutting any parcels zoned or used residentially 40 feet Abutting any parcels zoned or used commercially 30 feet Abutting any parcels zoned or used industrially 10 feet Abutting all other parcels 15 feet Abutting an Interstate highway 75 feet Dumpsters and trash containers Fully screened from view from residentially zoned properties and public right-of-way Outdoor lighting where adjacent to residentially zoned districts Exterior lighting shall be downcast of moderate brightness and shall not cause glare on any abutting property; Maximum height of 15 feet Loudspeakers and paging equipment Prohibited C. Security Personnel Residence. One (1) security personnel residence may be established at the facility, pursuant to the following regulations: 1. The residence shall only be occupied by employees of the facility during their assigned times of duty. 2. The residence shall not be a full-time residence. 3. The residence shall be site-built and have an exterior construction of brick, stone stucco, fiber cement, or materials that match that of the surrounding facility. D. All buildings and structures at self-service storage facility shall satisfy the following design standards: Development Feature Standard Building separation (two or more buildings on the site) 12 feet Overhead access doors Shall not be visible from residentially zoned property, commercially zoned property, or the public right-of-way Storage bays: Minimum size Four (4) feet by four (4) feet (16 square feet) Maximum size 20 feet by 80 feet (1,600 square feet) Maximum building height, including all roof-mounted air conditioning and other equipment 35 feet Exterior facade Fully consistent with color, materials, and design of buildings in the surrounding area. Metal exterior walls are prohibited. Roof design Type of roof, roof line, and roofing materials shall be fully consistent with buildings in the surrounding area E. Self-service storage is permitted outside of enclosed building pursuant to the following requirements: 1. No vehicles, trailers, or shipping containers shall be stored except for boats on trailers and recreational vehicles. 2. No greater than 15% of the site area shall be utilized for outdoor self-storage. 3. Such areas shall be enclosed by fences or walls that maintain heights no less than six (6) feet. a. Access points shall be gated and either be physically staffed or equipped with a functional keyless entry system. b. The fence or wall shall consist of brick, stone, masonry, wood, chain link, or a similar decorative material. c. If the facility at-large is fenced or walled to these requirements, no additional fences or walls shall be required. F. The interior of a self-service storage facility shall be designed to allow for the circulation of users and their vehicles pursuant to the following requirements. 1. The minimum traffic lane width shall be 25 feet. 2. There shall be no drive-aisles or parking areas located in any required buffer area or within the designated rights-of-way. G. A landscape strip no less than ten (10) feet in depth shall be established along all abutting rights-of-way and private streets. 1. The strip shall feature intentional ground cover such as sod, grass, pine straw, or mulch. 2. At least one (1) tree for every 20 linear feet shall be placed. No tree shall be planted less than ten (10) feet from another. All trees shall measure at least six (6) feet in height at the time of planting. 3. At least one (1) shrub for every five (5) linear feet shall be placed. All shrubs shall measure at least two (2) feet in height at the time of planting and achieve a height of six (6) feet or greater within three (3) years of the planting date. 4. The subject property owner shall be responsible for maintaining the health and viability of the landscape strip. The landscape strip may be combined with the planted buffer requirements of this section. H. No less than 15% of the self-service storage facility land area shall be occupied by the sum of the following features: 1. Planted buffers. 2. Landscape strips. 3. Undisturbed tree stands. 4. Other planted areas containing a mix of trees and shrubs. 3.2.36 Senior Adult Housing A. Senior adult housing must be designated age-restricted adult housing and shall satisfy the following requirements. 1. Housing units located in RR, NR, and SR zoning districts shall be single-family detached dwellings. 2. Housing units located in all other zoning districts shall be single-family attached, duplex, triplex, quadplex, or multi-family dwellings. 3. The development shall include a minimum of 20 dwelling units. 4. No less than 35% of the gross site area shall be open space. The open space shall provide the following open space amenities pursuant to the number of dwelling units proposed. a. Developments containing fewer than 50 units shall provide paved pedestrian paths totaling not less than 800 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least two (2) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. b. Developments containing 50 to 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,200 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least three (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 5,000 square feet. c. Developments containing greater than 120 dwelling units shall provide paved pedestrian paths totaling not less than 1,500 feet in length. The paths shall be interconnected and generally separate and distinct from sidewalks along streets and in parking areas. At least three (3) seating areas, each with a capacity of at least three (3) people, shall be provided directly along the paths. A grassed or sodded activity field or community lawn shall also be provided with a contiguous area not less than 7,500 square feet. B. At least one (1) on-site community building or clubhouse shall be provided pursuant to the number of dwelling units proposed.: 1. Less than 50 dwelling units: Minimum community building or clubhouse space heated floor area of 1,000 square feet. 2. 50 to 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet. 3. Greater than 120 dwelling units: Minimum community building or clubhouse space heated floor area of 1,500 square feet, in addition to ten (10) square feet of heated floor area per additional dwelling unit beyond 120. C. Within phased senior adult housing development, open space and resident amenity requirements shall be satisfied within each phase of development. The developer shall provide a development phase master plan prior to the approval of any land disturbance permit. D. Prior to land disturbance permit approval, the developer shall establish how the age restrictions will be implemented and maintained over time. If the development is anything other than a rental community under single ownership, a common entity such as a condominium association, a homeowners' association, or a property management company shall be established to maintain and enforce the age restrictions in addition to the City of Stockbridge enforcement of zoning regulations. E. The following minimum dwelling unit floor area requirements shall be satisfied. 1. No dwelling unit shall have a heated floor area less than 1,000 square feet. 2. At least 75% of all dwelling units shall have a heated floor area greater than 1,200 square feet. F. All open space, common areas, and related improvements shall be fully accessible and shall be managed and maintained by the owner of the development or a common entity such as a condominium association, or a homeowner's association. G. Senior adult housing developments shall be designed for residents with physical disabilities and limitations. The minimum accessibility standards shall be satisfied 1. "No-step" (maximum vertical floor level change of one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch) access to the front door entrance to all dwelling units and community buildings is required. If a no-step front entrance is not feasible, an alternate nostep walkway to the front floor may be approved. 2. A door not less than three (3) feet wide front door with exterior lighting at the entrance is required. Exterior doors shall be provided with an artificial light source located in the immediate vicinity of the exterior door. The illumination of the exterior light shall be controlled from inside the dwelling, except for lights that are continuously illuminated or automatically controlled. 3. All interior doorways must have a minimum of 32 inch clear width in the open position, typically a 36 inch door. 4. A 36 inch fully accessible route must connect throughout the floor which is served by the front door of the dwelling unit. The maximum vertical floor level change is one-quarter (¼) inch, except where a tapered threshold is used, which has a maximum height of one-half (½) inch. 5. A complete living area, including, but not limited to, kitchen, master bedroom, and bathroom, shall be located on the floor served by the front door of the dwelling unit. 6. Lever handles are required on all interior and exterior doors. 7. Clear floor space of 30 inches by 48 inches shall be provided and centered on each appliance and fixture in the kitchen. Floor space can overlap. 8. Walls shall be reinforced (blocked) to allow for the later installation of grab bars around the toilet, tub, and shower stall; and of wall-hung bench shower seat. 9. Maneuvering space shall be provided within the bathroom to permit a person using a mobility aid to enter the room, close the door, and reopen the door with a clear floor space of 30 inches by 48 inches. Clear floor space of 30 inches by 48 inches shall be provided and centered on each fixture in the bathroom. Floor space may overlap. 10. Wall-mounted electrical outlets, light switches, and environmental controls shall be mounted for a reaching range of a minimum of 15 inches to a maximum of 48 inches above the floor. Such wall-mounted devices shall be of a contrasting color with the wall. 11. Accessible sidewalks shall be provided between parking areas and pedestrian entrances to dwelling units and all other buildings and structures in the development that may be accessed by residents. These routes shall be a minimum of five (5) feet wide, allowing mobility-enhancing devices to meet and pass safely. 3.2.37 Small Box Discount Stores A. So that small box discount stores shall not be highly concentrated, no such store may be established on a parcel within two (2) miles of any other parcel containing a small box discount store, measured as a straight line separating the nearest point of each lot. 1. This proximity requirement shall be reduced to one (1) mile if the most proximate small box discount store or stores are located outside the jurisdictional limits of the City of Stockbridge.3.2.38 Solar Energy Systems A. Any Solar Energy System (SES) that, prior to the effective date of the ordinance from which this section is derived; is in operation, is being lawfully sited, constructed, or installed; or has caused the incurrence of substantial liabilities relating to siting, construction, or installation; shall be exempt from complying with these supplemental regulations unless the surface area of an integrated SES or rooftop SES or the footprint of a ground mounted SES is increased by more than 10% after the effective date of the ordinance from which this section is derived. B. The following requirements apply to all Solar Energy System (SES) facilities: 1. The maximum height of a ground mounted SES facility or parking lot solar canopy shall not exceed the maximum building height for accessory buildings and structures of the designated zoning district, or 20 feet, whichever is less. 2. Ground mounted structures and components of the ground mounted SES, including transformers and foundations, shall be considered impervious. However, for purposes of compliance with the UDC’s impervious surface coverage requirements, the panels of a ground mounted SES shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil. 3. Lighting fixtures at SES facilities shall not exceed 3.0 foot-candles at any property boundary abutting a right-of-way. Lighting levels shall not exceed 0.5 footcandles at any property boundary abutting a parcel zoned or used residentially. Lighting levels shall not exceed 2.0 foot-candles at any property boundary abutting a parcel not zoned or used residentially. 4. A rooftop mounted SES shall not be located on the front slope of a pitched roof of the principal structure. The City may require sun and shadow diagrams specific to the installation to approve alternative placement. 5. Buffers and Screening. All ground-mounted, intermediate, and large-scale SES facilities shall be screened to create a visual buffer from neighboring parcels and rights-of-way. Buffers shall be undisturbed (natural) but may include fences and earthen berms, or other encroachment, where specified by this UDC. The existing natural tree growth and natural landforms along the facility perimeter may create a sufficient buffer and shall be preserved when reasonably practicable. 6. Decommissioning. Decommissioning of a SES shall begin no later than 12 months after a facility has ceased to generate electricity or thermal energy. Within six (6) months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use. C. Intermediate and Large-Scale SES. The following requirements apply to Intermediate and Large-Scale Solar Energy Systems, in addition to the general requirements set forth in this section. 1. All buildings and structures at intermediate and large-scale SES facilities shall maintain setbacks of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. 2. Any intermediate scale SES facility shall be located no closer than 50 feet to any abutting parcels zoned or used residentially. 3. Any large-scale SES facility building or structure shall be located no closer than 100 feet to any abutting parcels zoned or used residentially. 4. Intermediate and large-scale SES facilities shall display advisory signage to include the following information, at minimum: a. A statement to the risks that may result from physical contact with, or entry into, the subject SES facility; b. The owner or operator of the subject SES facility; and c. A twenty-four-hour emergency contact phone number. D. Ground Mounted SES. The following area requirements apply to all ground mounted SES facili es: 1. Within residen al zoning districts, a ground-mounted solar energy system shall not exceed 25% of the footprint of the principal building served. 2. Within non-residen al zoning districts, a ground-mounted solar energy system shall not exceed 50% of the footprint of the principal building served. 3. A ground mounted SES shall not be located within the required front yard of a lot, nor within a right-of-way, and should be located to prevent conflicts with u lity areas or easements. 4. A ground mounted SES shall not be located over a sep c system, leach field area, or iden fied reserve unless explicitly approved by the Health Department. E. Parking Lot Solar Carports 1. Solar carports, or solar panels over parking lots, are typically an elevated structure with solar roofs over parking areas. 2. A solar carport shall maintain a setback of no less than 15 feet from all property lines, and no less than 20 feet from all rights-of-way. 3.2.39 Swimming Pools A. Swimming pools are considered accessory structures and shall comply with all accessory structure regulations provided in this UDC, in addition to those dedicated specifically to swimming pools in this Section. B. Pool heaters and pumps shall not be located in a front yard and shall maintain a setback of at least ten (10) feet from all property lines. C. Swimming pools shall be entirely located behind the rear plane of the principal building, and minimum of ten (10) feet of separation from rear lot lines and 12 feet of separation from side lot lines, as measured from the outermost edge of the swimming pool or any associated deck or stairs. D. Pools shall be enclosed by a wall or fence of at least four (4) feet in height and comply with all applicable fence and wall regulations. E. Public, commercial, and resident amenity area swimming pools shall satisfy the additional following requirements: 1. Such pools shall not be founded absent written approval from the Henry County Health Department. 2. The pool area shall be enclosed by a security fence of not less than five (5) feet in height and feature decora ve landscaping along the perimeter of the fence. Shrubs or trees shall be planted along the perimeter of the fence at a maximum separa on of 20 feet. Plan ngs shall be no less than two (2) feet tall at the me of installa on. 3. Security fences shall be transparent and shall not obstruct the view of the pool from the outside. 4. Swimming pools and associated structures shall comply with all setback requirements of the subject underlying zoning district. 3.2.40 Temporary Buildings and Structures A. Temporary buildings and structures, and the land uses contained therein shall be permitted during times when property is being developed. Temporary building and structures shall satisfy the following requirements. B. A building permit shall be required prior to temporary structure or building installa on. C. Temporary buildings and structures installed on a site for mul -unit residen al development shall be removed before 80% of all lots are occupied by completed dwelling units, or within four (4) years of permit issuance for the subject building or structure, whichever occurs first. For all types of projects, if construc on becomes inac ve for 12 months, then any exis ng temporary units must be removed within the next 90 days. 1. The Director may issue a one-time, one (1) year extension of completion time for cause beyond the original completion period upon written request by the owner which includes the reason for the request and an updated account of completed houses within the subdivision. 2. Extension approval shall be substantiated, at least in part, by verification that all required erosion control measures are in place. Applicants shall apply for the one-time extension within 30 business days of the expiration date of the temporary structure permit. If granted, extensions shall be in writing and signed by the building official within ten (10) business days. Extension approvals may be subject to a renewal fee as established in the City fee schedule. D. Temporary offices to be used for administra ve func ons during construc on may be located on a construc on site. The proposed construc on building shall meet e-down requirements for mobile home structures and have a current Contract for sewage pumpout. Construc on buildings shall be removed within 30 days of comple on of the construc on site for which they are permi ed. E. Outdoor storage of equipment and construc on materials shall be allowed on-site during the period of construc on. F. Construc on and demoli on debris dumpsters are allowed, provided that an ac ve building permit is maintained. Such dumpsters shall be removed within ten (10) calendar days of issuance of a Cer ficate of Occupa on (C.O.), or expira on of the building permit, whichever comes first. Temporary construc on dumpsters shall not be required to be screened. G. A temporary sales or marke ng office is permi ed, subject to the requirements of this UDC. The office shall only be used for the sale, resale or marke ng of dwellings, structures or property within the development in which it is located, or adjacent developments under the same ownership and control. H. Temporary use of structures and equipment for the building of roads, public u li es, and government projects shall be permi ed. 3.2.41 Tiny House Village Development A. Purpose and Intent. 1. The purpose of this Sec on is to allow Tiny House Village Developments as compact, permanent residen al neighborhoods consis ng of detached dwellings arranged around common open space, pedestrian connec ons, and shared community ameni es. 2. It is the intent of the City to promote housing variety, efficient use of land and public infrastructure, high-quality residen al design, compa bility with surrounding neighborhoods, and safe long-term occupancy while avoiding adverse impacts on adjacent proper es and public facili es. B. Applicability. Review, and Site Plan Requirements. 1. A Tiny House Village Development shall be permi ed only in the zoning districts iden fied in Table 3.1, B, Land Uses and shall comply with this Sec on, all applicable provisions of the UDC, and all applicable local, state, and federal laws. 2. Prior to issuance of any land disturbance permit, building permit, final plat approval, or cer ficate of occupancy, as applicable, the applicant shall obtain approval of a concept plan, site plan, preliminary plat, final plat, or other development approval required by the UDC. 3. The required site plan shall show, at a minimum, dwelling unit loca ons, setbacks, building separa on, common open space, Village Center ameni es, sidewalks and pedestrian connec ons, parking areas, refuse areas, u lity layout, stormwater facili es, fire access, hydrant loca ons, landscaping, buffers, ligh ng, phasing, and proposed ownership and maintenance documents. 4. No Tiny House shall be occupied un l all required permits, inspec ons, u lity connec ons, access improvements, and cer ficates of occupancy have been issued in accordance with applicable law. C. Density and Development Standards. 1. All ny house village developments shall sa sfy the following site design requirements. Standard Tiny House Cottage Home Floor Area Not less than 450 square feet and not more than 600 square feet, excluding lofts, attached porches, garages, and accessory structures. Not less than 1,000 square feet and not more than 1,250 square feet, excluding attached porches, garages, and accessory structures. Building Code Treatment Shall comply with applicable residential building code provisions for tiny houses, including any locally adopted tiny house appendix or alternative-materials approval accepted by the Building Official. Shall comply with the Georgia State Minimum Standard Residential Code as a conventional detached dwelling. Minimum Porch Area At least 48 square feet. At least 60 square feet. Common Open Space At least 300 square feet per Tiny House. At least 400 square feet per Cottage Home. Parking At least one (1) off-street parking space per Tiny House, unless otherwise approved pursuant to the UDC. At least two (2) off-street parking spaces per Cottage Home, unless otherwise approved pursuant to the UDC. D. Size. The development shall have a minimum site area of three (3) acres. E. Maximum Density. The maximum residential density shall not exceed fifteen (15) dwelling units per gross acre. F. Development Size. Tiny House and Cottage Home Village Developments shall consist of a minimum of six (6) dwelling units. The maximum number of dwelling units shall be determined by the permitted density and compliance with all applicable provisions of this UDC. G. Building Size Categories. For purposes of this Section, a Tiny House shall contain not less than four hundred fifty (450) square feet and not more than six hundred (600) square feet of floor area, excluding lofts, attached porches, garages, and accessory structures. A Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. H. Open Space. A minimum of 30% of the tract shall be dedicated to common open space. 1. A minimum of three hundred (300) square feet of common open space shall be provided for each Tiny House, and a minimum of four hundred (400) square feet of common open space shall be provided for each Cottage Home. 2. Required common open space shall be usable, improved, and designed as a central organizing feature of the development. Required common open space shall not include private yards, parking areas, vehicular areas, drive aisles, required buffers, required setbacks, refuse areas, or utility areas. Stormwater facilities, wetlands, floodplains, steep slopes, and similar constrained areas shall not count toward required common open space unless improved as a functional amenity and expressly approved by the City. 3. At least fifty percent (50%) of the Tiny Houses and Cottage Homes shall be oriented toward the common open space, with the primary entrance or covered front porch facing the common open space. 4. Every Tiny House and Cottage Home shall be located within 100 hundred feet walking distance of the common open space. 5. The common open space shall be designed so that Tiny Houses or Cottage Homes abut at least two (2) sides of the common open space. 6. Common open space shall be maintained in a safe and attractive condition and shall remain available for the common use and enjoyment of the residents of the development. I. Access, Emergency Services, and Private Drives. 1. All public streets, private streets, alleys, internal access drives, sidewalks, and pedestrian facilities shall be designed and constructed in accordance with applicable City standards, fire code requirements, and the approved site plan. 2. The development shall provide adequate emergency vehicle access, fire apparatus access roads, turnarounds, address visibility, hydrant locations, fire flow, and building separation as required by the Fire Marshal and applicable fire codes. 3. Private streets and internal access drives shall be subject to recorded maintenance obligations acceptable to the City prior to final plat approval or issuance of the first certificate of occupancy, whichever occurs first. J. Village Center. 1. Every Tiny House Village Development shall provide a centrally located Village Center. 2. The Village Center shall serve as the focal gathering space for the development. 3. The Village Center shall include not fewer than two (2) of the following: a. Community lawn; b. Pavilion; c. Playground; d. Community garden ; e. Fire pit; f. Picnic area; g. Mail kiosk; h. Clubhouse; i. Dog park; or j. Walking trail(s) 4. The Village Center shall be connected to every dwelling unit by a continuous ADA-accessible sidewalk network. K. Landscaping. 1. Street trees, in accordance with Section 13.8.4, Street Trees, shall be planted along all public and private streets. 2. Shade trees shall be provided throughout the Village Center. 3. Parking courts shall include landscape islands. 4. Existing mature trees should be preserved where practicable. 5. Native and drought-tolerant landscaping is encouraged. 6. Buffers Adjacent to Residential Communities. Where a Tiny House Village Development abuts an existing residential subdivision, single-family residential district, or other established residential community, a minimum twenty-five (25) foot landscaped buffer shall be provided along the shared property line. The buffer shall include an evergreen vegetative screen, supplemented as necessary with berms, decorative fencing, or walls, to provide year-round visual screening and compatibility with adjacent communities. Existing mature trees and natural vegetation within the buffer area shall be preserved to the greatest extent practicable and may count toward the required buffer when approved by the Director. 7. Buffer Maintenance. Required buffers shall be maintained in a healthy, orderly, and attractive condition by the homeowners' association, property owners' association, condominium association, or other entity responsible for common area maintenance. Dead or diseased plant material shall be replaced within the next appropriate planting season, and no buildings, parking areas, drive aisles, stormwater facilities, refuse areas, or similar improvements shall be located within the required buffer except for approved pedestrian connections, utilities, fencing, walls, or landscaping improvements. L. Parking Design. 1. A minimum of one (1) off-street parking space shall be provided for each Tiny House, and a minimum of two (2) off-street parking spaces shall be provided for each Co age Home, unless a different parking requirement, reduc on, or shared parking arrangement is approved pursuant to the UDC. 2. All required off-street parking shall be located on the site of Tiny House Village Development. 3. Parking may be provided within a garage, carport, parking court, parking structure, or as a surface parking area. 4. Surface parking areas shall be screened from public streets by one (1) or more of the following: a. Building facades; b. Garage doors; c. Decora ve fencing in combina on with landscaping; or d. Undisturbed landscaped buffers as approved by the Director. 5. Parking shall not be located within any required front yard. 6. Parking may be located between a principal structure and the rear property line or between a principal structure and an interior side property line, provided such side property line is not adjacent to a public street. 7. Large, uninterrupted surface parking areas are prohibited. Parking shall be arranged in small parking courts or other configura ons that complement the pedestrian-oriented design of the development. 8. Parking areas shall not encroach into the village center. M. Setbacks. 1. Where a Tiny House fronts a public street, the minimum front setback shall be fifteen (15) feet. Covered front porches may encroach into the required front setback by not more than seven (7) feet. 2. Where a Tiny House fronts a private street or internal access drive, the minimum front setback shall be ten (10) feet. Covered front porches may encroach into the required front setback by not more than five (5) feet. 3. A minimum separation of ten (10) feet shall be maintained between all principal structures. N. Lot Design. 1. Lot dimensions within a Tiny House Village Development may be reduced below the minimum lot area, width, and depth otherwise required by the underlying zoning district, provided the development complies with all applicable requirements of this Section and the UDC. 2. A Tiny House Village Development may be developed on individual fee-simple lots, condominium units, rental lots, or a single commonly owned parcel, provided that access, utilities, common open space, maintenance responsibilities, and legal ownership arrangements are shown on the approved plans and recorded documents. O. Utilities. 1. All Tiny Houses shall be served by public water and sanitary sewer. 2. Utilities shall be installed underground where feasible. 3. Individual utility meters shall be provided for each dwelling unless otherwise approved. P. Prohibited Uses. 1. The following shall not be permitted within a Tiny House Village Development: a. Recreational vehicles used as dwelling units. b. Tiny Houses on Wheels. c. Park model recreational vehicles. d. Manufactured homes. e. Mobile homes. f. Shipping containers used as dwelling units. g. Temporary structures intended for permanent residential occupancy. h. Hotel, motel, campground, recreational vehicle park, transient lodging, or short-term rental use, unless such use is expressly authorized by a separate provision of the Code and approved by the City. Q. Accessory Structures, Storage, Phasing, and Certificates of Occupancy. 1. Accessory structures, detached storage buildings, bicycle storage, mail kiosks, carports, garages, community buildings, and similar improvements shall be shown on the approved site plan and shall comply with all applicable accessory structure, setback, building code, and design requirements. 2. Outdoor storage shall be prohibited except within approved enclosed structures or screened areas shown on the approved site plan. Storage of inoperable vehicles, construction materials, appliances, furniture, trash, or similar materials outside an enclosed structure is prohibited. 3. If a Tiny House Village Development is constructed in phases, each phase shall provide proportional common open space, parking, sidewalks, utilities, stormwater facilities, fire access, landscaping, buffers, and amenities necessary to serve that phase, as determined by the City. 4. No certificate of occupancy shall be issued for any Tiny House within a phase until required access, utilities, parking, sidewalks, fire protection, landscaping, buffers, common open space, and related common improvements serving that phase have been completed or guaranteed in a form acceptable to the City. R. Additional Development Standards. 1. All required common open space, recreational amenities, private streets, sidewalks, and other common improvements shall be owned and maintained by a homeowners' association, property owners' association, condominium association, or other entity approved by the City. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, and maintenance of such common facilities. 2. Each Tiny House shall be equipped with, or designed to accommodate, clothes washer and dryer facilities through either: a. Individual washer and dryer connections within each dwelling unit; or b. A centralized laundry facility available for the exclusive use of residents within the Tiny House Village Development. 3. The use of permeable pavement, pervious parking areas, rain gardens, bioswales, and other low-impact development (LID) practices is encouraged to reduce stormwater runoff. All Tiny House Village Developments shall comply with the applicable stormwater management requirements of the UDC and all other applicable local, state, and federal regulations. S. Design Standards. 1. Building Orientation. Tiny Houses shall be oriented toward a public street, private street, Village Center, or common open space. Primary entrances shall not face parking areas unless no reasonable alternative exists due to site constraints. 2. Covered Front Porch. Each Tiny House shall include a covered front porch with a minimum area of forty-eight (48) square feet, and each Cottage Home shall include a covered front porch with a minimum area of sixty (60) square feet. Covered front porches may encroach into required front setbacks as provided in this Section. 3. Exterior Building Materials. Exterior building materials shall consist of brick, natural stone, manufactured stone, fiber-cement siding, wood, engineered wood siding, or comparable residential-quality materials approved by the Director. Reflective metal siding exposed unfinished concrete masonry units, and corrugated metal panels shall be prohibited as primary exterior wall materials. 4. Roof Design. Roofs shall have a minimum pitch of 6:12 unless an alternative architectural design is approved by the Director. Flat roofs shall be prohibited except for architectural elements such as porches or accessory structures. 5. Building Entrances. The primary entrance of each Tiny House shall be clearly defined through the use of porches, stoops, recessed entries, columns, or other architectural features. 6. Mechanical Equipment. Ground-mounted mechanical equipment, HVAC units, utility meters, and similar service equipment shall be screened from public view through landscaping, fencing, or architectural screening materials compatible with the principal structure. 7. Refuse Collection. Community refuse collection areas shall be enclosed on three (3) sides by masonry walls, decorative fencing, or comparable screening materials with an opaque gate. 8. Lighting. Exterior lighting shall be pedestrian-scaled and designed to minimize glare onto adjacent properties and public rights-of-way. 9. Architectural Variety. Building elevations, rooflines, colors, materials, and façade treatments shall incorporate variation throughout the development to avoid repetitive building designs. Adjacent Tiny Houses shall vary in at least three (3) of the following features: roof form or pitch, porch design, exterior wall material, trim details, window pattern, façade articulation, color palette, or front entry treatment. 10. Front Elevations. The front façade of each tiny home dwelling unit shall be composed of a minimum of 75% percent brick and/or stone, excluding windows, doors, and other architectural openings. The remaining portion of the façade may consist of complementary materials such as stucco, shake, or cementitious fiber cement siding. 11. Water Table Requirement. All side and rear elevations of tiny home dwelling units shall include a continuous masonry water table with a minimum height of four (4) feet measured from finished grade. The water table shall consist of brick or stone materials that are compatible with the primary materials used on the front façade and shall extend the full length of each side and rear elevation, except where interrupted by doors or other approved architectural features. 12. Prohibited Materials. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all tiny home dwelling units, including gables and eaves, unless otherwise expressly permitted by this UDC. T. Ownership and Maintenance. 1. Common open space and common facilities shall be required for all Tiny House Village Developments. 2. Common open space and common facilities shall be owned and maintained by a homeowners' association, condominium association, property owners' association, or other legal entity approved by the City. 3. Prior to final plat approval, the developer shall submit recorded covenants, declarations, bylaws, or other legal documents establishing responsibility for the perpetual ownership, operation, maintenance, and repair of all common open space, private streets, sidewalks, recreational amenities, stormwater facilities, utilities, and other commonly owned improvements. 4. The City may require performance guarantees, maintenance agreements, or other assurances authorized by law to ensure completion and long-term maintenance of required common improvements. 3.2.43 Wrecker Services A. Wrecker service facilities that do not include any outdoor storage or operations shall be exempt from the contents of this section. B. The site design standards for wrecker services are set forth in the table below. Development Feature Standard Minimum site area 2 acres Screening requirements Opaque wall or fence not less than 6 feet in height Outdoor storage placement Outdoor storage areas shall not be established closer to the front property line than the front plane of the principal building Minimum planted buffer Storage of vehicles 15 feet wide for any portion of property adjacent to industrial zoned property; 30 feet wide abutting all other properties Towed vehicles shall be stored within an enclosed, secure area which shall not be accessible to the public. No wrecked vehicles shall be stacked within the storage area. Storage of non-business-related vehicles is prohibited. Storage areas shall be paved or graveled, and all driveways, drive aisles, and parking spaces shall be paved. Minimum heated floor area of office/primary structure 1,000 square feet. Building materials Masonry front facade Off-Street parking requirements All required off-street parking shall be located outside of any secured vehicle storage area. CHAPTER 4: DEVELOPMENT STANDARDS 4.1 Purpose and Intent A. The purpose of this Chapter is to establish procedures and standards for the development and subdivision of land. This Chapter aims to achieve the following: 1. Orderly and harmonious growth and development of new and established neighborhoods. 2. Distribute population and traffic in a manner that will mitigate congestion and overcrowding. 3. Dedicate or reserve parks, squares, and recreational areas, accessible to all residents to serve as community focal points. 4. Set standards for landscaping and detailing of the public domain of streets, parks, and squares to promote a pedestrian oriented atmosphere and civic awareness. 5. Provide for pleasing visual environments to ensure public health, safety and the general welfare to residents and visits of the City. 6. Ensure the proper location, bulk ,size, and scale of buildings and structures. 4.2 Applicability A. These regulations govern all property within the jurisdictional limits of Stockbridge. B. All new development within the jurisdiction of this UDC shall conform to the provisions of this Chapter. C. All redevelopment of, and alterations or additions to, existing buildings, structures, and sites within the jurisdiction of this UDC shall conform to the provisions of this Chapter, unless all of the following are true of the subject redevelopment or alteration: 1. The gross increase in heated floor area would not be greater than 25% compared to that at the time of request; or 2. The total cost of the work does not exceed 50% of the assessed property value compared to that at the time of the request. D. No construction or installation of improvements shall commence in a proposed development until the land disturbance permit has been approved and all applicable plats, construction plans, and specifications have been approved by the appropriate authorities. E. No building or other permits shall be issued for erection of a structure on any lot not of record until all requirements of this UDC have been met. 4.3 Site Design Standards 4.3.1 Dimensional Standard Compliance A. No greater than one (1) single-family dwelling unit may be constructed on any one parcel except as otherwise allowed in this UDC. B. Except as specifically provided in this UDC, no parcel of land existing at the time of adoption of this UDC shall be reduced, subdivided, or otherwise altered to produce a parcel of land that does not comply with the minimum dimensional standards of the applicable zoning district. C. Land that is acquired, dedicated, or donated and accepted for public use is exempt from the requirements of this Chapter. 4.3.2 Encroachments A. The height limitations of this UDC, as imposed at the zoning district level, shall not apply to spires or other such structures, belfries, flagpoles, monuments, cupolas, domes, water towers, transmission towers, telecommunications towers, or other ornamental towers not intended for human occupancy. B. Nothing in this subsection shall preclude any height or dimensional requirement specific to any structure or feature type as provided in this UDC. C. Architectural features such as cornices, eaves, steps, landings, gutters, and fire escapes may encroach into a minimum required setback by no greater than three (3) feet, except where such projections would obstruct driveways, sidewalks, or access areas for emergency vehicles. 4.3.3 Open Space Requirements A. All developments with a cumulative parcel area greater than three (3) acressubject to the following requirements: 1. Open spaces that are located within minimum required zoning buffers, stormwater management areas, or other areas that to not definitionally qualify as open space shall not count towards satisfying this requirement. 2. Amenity Package Requirements found in Section 4.3.4, Amenity Package Requirements may be counted towards meeting the open space requirement. 3. All minimum required open space shall consist of one or more of the following features: a. Active Recreation (e.g. playground, athletic courts, swimming pool). b. Open lawns or fields. c. Pedestrian paths or multi-use trails. Required sidewalk, bicycle facilities, multi-use paths greenways, trail connections, or public utility connections shall not count towards the minimum open space requirement. Extensions that are not part of an adopted plan or required public utility shall count towards the minimum open space requirement. d. Passive landscaped open space (e.g. nature trails, natural buffers). 4. Open spaces shall be reasonably accessible to foot traffic. 5. If the associated development contains any residential dwelling units, no less than 50% of the minimum required open space shall be designed for active recreation and use. 6. Open space shall be protected in perpetuity by a binding legal instrument, as provided in Section 14.10, Requirements Regarding Ownership and Management of Open Space. 4.3.4 Amenity Package Requirements A. Table 4.3.4, Amenity Package Requirements provides a summary of amenity requirements depending on the number of lots within the subdivision or units within a development. Table 4.3.4 – Amenity Package Requirements Size Primary Amenities Required 0 to 99 lots Pocket Park(s). This can be divided between multiple parks to be a combined total of a minimum of 1,500 sq. ft. in size; and Dog park or walking trails a minimum of 1,500 sq. ft in size 100 to 149 lots or Pocket Park(s). This units can be divided between multiple parks to be a combined total of a minimum of 2,500 sq. ft. in size; and Dog park or walking trails a minimum of 2,500 sq. ft in size Additional Amenities Required At least one (1) from Section 4.3.4, B At least two (2) from Section 4.3.4, B 150 to 299 lots or units A clubhouse a At least three (3) from minimum of 4,000 Section 4.3.4, B sq. ft in size 300 or more lots or Community Pool, At least two (2) from units Clubhouse, and Section 4.3.4, B Pocket Park(s) to be a combined total of 4,500 sq. ft in size Non-residential or Central green or Mixed-Use (40,000 gathering area a square feet gross minimum of 2,500 sq. floor area or more) ft in size; Walking Trails B. Additional Amenities Required. In addition to those minimum amenities required by Table 4.3.4, Amenity Package Requirements, any additional amenities required shall be selected from the following options: 1. Athletic courts (Any combination of tennis, basketball, volleyball, or pickleball courts); 2. Community garden and reflection area; 3. Community pool; 4. Dog park; 5. Fire pit and gathering area; 6. Fitness center; 7. Picnic area with grill and covered pavilion; 8. Playground; 9. Walking trail(s); 10. Any other amenity as approved by the Director. 4.3.5 Outdoor Ligh ng Standards A. Purpose and Intent. The intent of this UDC is to preserve, protect and enhance the lawful nighttime use and enjoyment of all property through use of appropriate lighting practices and systems, while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment. B. Applicability. Outdoor lighting installed within the City shall be in conformance with the requirements established by this Section. C. Exemptions. The following shall be exempt from the provisions of this Section: 1. All temporary emergency lighting needed by police or fire departments or other emergency services; 2. All hazard warning luminaires required by federal regulatory agencies; 3. All vehicular luminaires; 4. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels; 5. Holiday decorations; 6. Signs; 7. Street lights; 8. Aesthetic lighting limited to interior roadway lighting with a maximum height of two (2) feet within a development, not intended to take the place of required street lighting, or lighting to be utilized within open space used to feature decorative plantings, sidewalks, walkways, or ornamental objects, such as fountains or similar features. Aesthetic lighting, although exempt from an iso footcandle plan, shall be identified on all design plans as to type of light and location to ensure appropriate use of aesthetic lighting in accordance with this Section. D. Outdoor Lighting Regulations. 1. All outdoor lighting shall be installed in a way that does not cast light upon or adversely affects adjacent properties or roadways. This shall not apply to lighting established by governmental authority within public rights-of-way. 2. Measurement. Light intensity levels shall be measured on the horizontal plane at grade level within the site, and on the vertical plane of any property line or street right-of-way line at a height of five (5) feet above grade level. 3. Lighting fixtures shall be fully shielded and directed downward, and shall utilize full cutoff housings, louvers, glare shields, optics, reflectors or other measures to prevent off-site glare and minimize light pollution. a. The Director may approve decorative light fixtures as an alternative to shielded fixtures, provided that such fixtures would enhance the aesthetics of the site and would not cause greater off-site glare or light pollution 4. Intensity Specifications. a. Lighting intensity within a site shall not exceed ten (10) foot-candles at any one point; however, the Director may permit a maximum intensity of 20 foot-candles provided that such lighting is otherwise in compliance with this ordinance. b. Lighting intensity within a site shall not exceed 1.0 foot-candle at any property line abutting a parcel zoned or used non-residentially or adjacent to rights-of-way. Where the site abuts a parcel zoned or used residentially, lighting levels shall not exceed 0.5 foot-candles. c. Wall-mounted lights shall be cut-off, and directed downward with a maximum output of 400 hundred watts per fixture. E. Additional Requirements by Type. 1. Security Lighting. a. Security lighting shall be directed towards the targeted area and shall not be on poles taller than 25 feet. b. Security lighting shall be maintained in such a manner as to prevent glare and lighting into properties of others or into a public right-of-way, and the system also shall be designed and maintained so that lights are not activated by activity off of the subject property. 2. Outdoor Recreational Facilities. a. Illumination shall be provided by full cutoff luminaires, except for large areas, where luminaire supports inside the areas would restrict the function or compromise safety. Examples of such large areas include, but are not limited to, baseball, softball, soccer, football, and golf driving ranges. Shielded floodlights shall be used for these areas. Smaller areas, including tennis, volleyball, racquetball and handball courts, and swimming pools shall utilize full cutoff luminaires and shall conform to the requirements of this ordinance regarding light trespass. The average illuminance on ground shall not exceed 50 footcandles. 3. Landscape, Decorative, and Architectural Lighting a. Luminaires used to illuminate flags, statues, steeples, monuments, and other tall narrow objects shall be illuminated with the type of luminaire that directs the narrowest beam capable of illuminating the object. Illuminance at the level of the illuminated object shall not exceed 10 footcandles. b. Lighting on buildings for aesthetic purposes shall be directed downward from the top. Exception: selected portions of a building may be illuminated from below, if the portions illuminated total less than half of the vertical face. The average illuminance shall not exceed 10 footcandles. c. All outside illumination of any building and/or surrounding landscape, public or private, for esthetic, architectural, or decorative purposes is prohibited after 11:00 P. M. or when the business closes, whichever is later. F. Plans Required. Prior to the issuance of a land disturbance permit or building permit for a project that involves the installation of outdoor lighting, a photometric illumination plan shall be provided by the applicant. The plan shall include the following information: 1. Location, type and height of all proposed light fixtures. 2. Photometric grid overlaid on the proposed site plan indicating the overall light for intensity throughout the site, measured in foot-candles. This plan shall demonstrate compliance with the lighting regulations of this UDC. 3. Specifications and details for the fixture type being proposed, including the total lumen output, type of lamp and method of shielding. 4. Any other information deemed necessary by the Director. 4.3.6 U li es A. Utilities shall be located underground. B. For all new construction and redevelopment, utilities along public streets must be placed underground. This requirement does not apply to the temporary provision of electricity, including, but not limited to, construction power. C. Water and sewer utilities shall be located in either street rights-of-way or easements located at the outer edge of street rights-of-way. 4.3.7 Encroachment on Public Rights-of-Way A. No building, structure, fence, service area, parking facility/area, loading area, except driveways and permitted utilities shall be permitted to encroach on public right-of-way. All permanent structures or inorganic objects that are placed near, but not within the right-of-way, shall be located as to not obstruct, hinder or impede the view or movement of pedestrian and vehicular traffic as to become a nuisance, danger or hazard to the public. 4.3.8 Pos ng of Addresses A. Each dwelling unit and place of business shall have light-reflective numbers of the address posted and maintained in a prominent place on the property visible from the street providing public access. B. The numbers shall be at least three (3) inches in height with a contrasting background. 4.3.9 Dumpsters and Service Areas A. This section shall not apply to community or public recycling bins or drop boxes; however, the location shall be determined by the Director in accordance with the standards herein. B. 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 view from adjacent property or street (not including an alley). 2. Screening shall 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. C. Dumpsters 1. Screening. a. All garbage dumpsters and other similar areas devoted to the storage of waste materials shall be screened on three (3) sides of said area with an enclosure of a minimum of eight (8) foot high, or two (2) feet taller than the highest point of the waste/grease container, compactor, or dumpster, whichever is greater, of solid masonry or decorative precast concrete walls. Fats, oils, and grease receptacles shall be provided within the enclosure. b. Bollards are required at the front of the enclosure walls to protect the enclosure from trash collection vehicles. c. The operable side of the dumpster shall be concealed with a gate equal to or higher than the height of the dumpster. The gate shall be opaque, have self-latching mechanisms, be of colors consistent with the principal building, and be constructed of opaque metal. Chain link gates with or without opaque slats are not permitted. d. Where dumpsters are adjacent to parking areas, a three (3) foot landscaped buffer shall be provided that does not impede access into and out of vehicles. 2. Location. a. The dumpster shall be located to the side or rear of buildings and oriented away from view from the street (not including an alley). b. The consolidation of trash areas between buildings is encouraged. c. In no case shall loading activities hinder or obstruct the free movement of vehicles, and pedestrians over any street, sidewalk, alley, or interrupt parking lot circulation. d. Access to dumpsters shall be provided via a paved, dust-free surface. 3. The use of modern disposal and recycling techniques is encouraged. 4.3.10 Streetscape Standards A. Applicability. This Section shall apply to all parcels of land abutting any of the roadways known as Highway 138 West, Highway 42 North, Jodeco Road, Eagles Landing Parkway, Hudson Bridge Road, Rock Quarry Road, East Lake Parkway, East Atlanta Road, North Henry Boulevard, Patrick Henry Parkway, Country Club Drive, Flippen Road, Walt Stephens Road, Mount Zion Parkway, Campground Road and any other roadway having a classification of "collector" or a higher order. All property contained within any parcel subject to this Section on the effective date from which this Section is derived shall continue to be subject to this Section, even if the parcel is subdivided in the future. B. Streetscape Standards. The streetscape along the major arterial and collector roads shall be divided into three (3) distinct zones consisting of a building frontage zone, pedestrian travel zone, and fixtures/planting zone. The widths of each zone shall be as provided below: 1. Building frontage zones are encouraged to provide outdoor activities and gathering areas and may be permitted at varying widths between five (5) and 20 feet wide. The building frontage zone shall be provided between the edge of the pedestrian travel zone and the front façade of the adjacent building. The building frontage zone may be located within the public right-of-way as approved by the Director of Public Works or on private property 2. Pedestrian travel zones shall be a minimum of ten (10) feet wide, measured from the edge of the fixtures/planting zone and located within the public right-of-way or as approved by the Director of Public Works, paved in concrete, and kept clear and unobstructed for the safe and convenient use of pedestrians. 3. Fixtures/planting zones shall be a minimum of ten (10) feet wide and planted with grass, ground cover or flowering plants. The fixtures/planting zone shall be provided between the back of curb and pedestrian travel zone and located within the public right-of-way or as approved by the Director of Public Works. Within the fixtures/planting zone: a. Shall contain street trees planted in accordance with Section 13.8.4, Street Trees. b. Pedestrian scale street light fixtures shall be installed, and spaced between 40 and 60 feet apart. If a driveway or similar access drive would exists between two fixtures, with a pavement width greater than 30 feet as measured at the right-of-way line, the maximum distance between the lighting fixtures on each side shall be increased to 80 feet. c. Benches shall be required at all locations where the abutting parcel is zoned or used commercially. Benches shall be spaced no greater than 500 feet apart. d. At least one (1) trash receptacle shall be placed at each street intersection, and along roadways, as to be spaced no greater than 500 feet apart. e. Bicycle racks, each with the capacity to secure at least two (2) bicycles, shall be required at all locations where the abutting parcel is zoned or used commercially or for multi-family residential. Racks shall be spaced no greater than 500 feet apart. 4.3.11 Access Management and Connec vity. A. Purpose. The purpose of this Section is to set standards for the provision of access to development in a manner that preserves the safety and efficiency of the transportation system. The management of access is a means by which substantial public investment in the transportation system can be protected and the need for remedial measures eliminated or reduced. B. Access Management. 1. All developments shall have access to a public right-of-way. 2. When a tract fronts on a State highway, major arterial, or minor arterial street, a frontage street may be required for access to individual lots. 3. All residential lots in a subdivision shall only take direct access from within the subdivision. 4. Any access to a State highway shall be consistent with the requirements of the GDOT. 5. All street design and other development activities, including landscaping, shall be arranged on site so as to provide safe and convenient access for emergency vehicles. 6. Along thoroughfares, arterials, or collector streets, a deceleration lane, a turn lane, larger or reduced turning radius, traffic islands or other devices or designs, including traffic calming devices and designs, may be required to avoid specific traffic hazards which would otherwise be created by the proposed driveway location. The Director may require the submission of a traffic analysis based on the scale and scope of the project to determine required improvements. 7. No approval shall be granted for a subdivision, or subsequent phase or addition to an existing subdivision, unless the property is served by a paved county road, with right-of-way sufficient to meet the requirements of Chapter 16, Infrastructure Improvements. 8. Access points, whether private commercial/industrial drives or city or county roadways, shall line up directly across from one another when possible. C. Number of Access Points. 1. In order to ensure emergency vehicle access, every subdivision with more than 20 lots shall have at least two (2) continuously open points of ingress/egress from the existing street system. a. Where a subdivision is providing two (2) or more connections to the existing street system, the requirement for two (2) points of ingress/egress is met. The requirement for access shall not be satisfied by a stub-out to a future, planned, or platted street that has not been constructed b. A subdivision on a single, dead-end street, containing 20 or fewer lots shall not be required to provide two (2) points of ingress/egress. Such streets must be designed to connect to existing, planned or platted streets with a stub-out, where applicable. c. Where a subdivision is allowed one (1) point of access, that entrance street shall be designed with a three (3) lane divided entrance street. The right turn lane shall be required to have a 75 radius to provide needed lateral separation between two (2) vehicles exiting at the same time. 2. Industrial and freight-oriented developments shall provide at least (2) continuously open points of ingress/egress. One open point shall be dedicated for employee passenger vehicle and the other for freight vehicles, where feasible. The right turn lane shall be required to have a 75 foot radius to provided needed lateraled separation between two (2) vehicles exiting at the same time. 3. Limitations. Within any zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be in accordance with Table 4.3.11.C, - Access Limitation Requirements. Table 4.3.11.C – Access Limitation Requirements Property Frontage Length Number of Access Points Up to 100 feet 1 101-200 feet 2 201 feet or more 2, plus 1 or as approved by the Director D. Additional Requirements. 1. Within any residential zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be subject to the following provisions: a. At street intersections, no curb cut shall be located within 50 feet of the intersections of two (2) curb lines or such lines extended, or within 15 feet of the intersection of two (2) property lines extended. b. The distance between any two (2) curb cuts on the same side of the street and located on one (1) property shall be not less than 20 feet. Curb cut distance shall be measured between the points of tangency of the curb return radii and the established curb line of the abutting street. c. All driveways shall be constructed to be at least two (2) feet from any property line. d. The maximum width of any standalone driveway shall not exceed 20 feet measured at the right-of-way line. e. The maximum width of any curb cut, including curb returns, shall not exceed 30 feet. f. The sum of the two (2) curb return radii for any one (1) curb cut shall not exceed 15 feet. 2. Within any non-residential or mixed-use zoning district where the lowering or cutting away of any curbs for purposes of ingress and egress is required, such curb cut shall be subject to the following provisions: a. At street intersec ons, no curb cut shall be located within 50 feet of the intersec ons of two (2) curb lines or such lines extended, or within 15 feet of the intersec on of two (2) property lines extended. b. All driveways shall be constructed to be at least five (5) feet from any property line. c. The maximum width of any driveway shall not exceed 40 feet measured at the right-of-way line. d. The maximum width of any curb cut, including curb returns, shall not exceed 50 feet. E. Driveway Separation. 1. For driveways/roadways that require an offset, the spacing between drives/roadways, whether on the same side or opposite side of the intersecting roadway shall be required to have the minimum centerline to centerline spacing requirements in accordance with Table 4.3.11.E, Driveway Separation. Table 4.3.11.E – Driveway Separation Posted Speed Limit Up to 30 mph 35 mph 40 mph 45 mph 50 mph 55 mph Spacing Required 125 feet 150 feet 185 feet 230 feet 275 feet 350 feet 2. For intersecting roadways that are not classified as collector or above and have posted speed limits 30 miles per hour or less, private commercial/industrial driveways may be allowed to have a reduced offset requirement at the City’s or Henry County Department of Transportation's discretion. F. Proposed Streets. 1. All proposed streets shall be continuous and in alignment with existing, planned, or platted streets. 2. Proposed streets shall be extended to the boundary lines of the tract to be developed or subdivided, unless prevented by topography or other physical conditions. G. Joint Access. 1. Joint access driveways and cross access easements shall be in accordance with the following provisions: 2. Adjacent commercial or office properties shall provide a cross access drive and pedestrian access to allow circulation between sites through a system of joint use driveways and cross access easements. The design of the joint or cross access area shall incorporate the following: a. A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation; b. Stubbing a connection to the adjacent parcel at the property line; and c. Sufficient separation between side street access to the property and the major road to ensure safety. 3. In order to ensure continuous availability of access to all properties, all property owners shall: a. Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive; b. Record an agreement with the deed that remaining access rights along the thoroughfare shall be dedicated to the city and pre-existing driveways shall be closed and eliminated after construction of the jointuse driveways; and c. Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners. 4.4 Architectural Guidelines 4.4.1 General Requirements A. Design Composition. 1. The exterior design of buildings should be complementary with the prevalent architectural features of the surrounding neighborhood, block, or street, especially in areas that have established and recurring architectural exterior patterns and features, 2. Materials shall be selected for their suitability to the type of building and design for which they are used. Any piecemeal embellishment and frequent changes in material should be avoided. 3. All sides of the building shall use materials that are consistent with those on the front façade, if they are visible from public streets or neighboring properties; and they shall be carefully designed with similar detailing, comparable quality, and compatible materials. B. Exterior Finish Materials. 1. Exterior finish materials shall be identified in the approved Exterior Finish Materials List maintained by the Planning and Zoning Department. All exterior walls (not including windows and doors) for all new construction shall consist of the following permitted building materials, as applicable: a. Brick, or brick veneers, except that only natural brick may be used for residential buildings. Brick veneer walls shall use full-depth brick; b. Natural stone such as, but not limited to, granite, limestone, and acid marble. Terra cotta or cast stone which simulate natural stone are also acceptable. Painted stone and stone veneers are not allowed; c. Split-face block/concrete masonry unit (CMU) is restricted to a maximum of 20% of the façade; d. High-grade stucco; e. Natural wood or cementitious fiberboard siding; f. Glass. Glazing shall be clear or slightly tinted (not opaque nor highly reflective) glass; g. Vinyl siding with a nominal thickness of forty-six one-thousandth (0.046) inches; or h. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. 2. Prohibited exterior materials, unless allowed herein, include: a. Non-architectural metal panel systems; b. Softwood plywood grade B or lower, oriented strand board and particle boards; c. Unfinished cast-in-place or precast concrete vertical elements (e.g., walls, columns, exposed elevated slab edges); d. Exposed concrete block; e. Aluminum siding; or f. Metal screens or bars covering window openings. 4.4.2 Requirements for Industrialized or Modular Homes A. A dwelling unit manufactured in accordance with Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs shall meet the following standards: 1. A minimum width in excess of 12 feet. 2. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cemen ous fiberboard siding. 3. A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of ver cal height for every 12 inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adop on of this ordinance may be extended, enlarged, or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the previous building permit. 4. A minimum roof overhang of 12 inches is required. All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles. Other roof materials may be used where specifically approved by the Director. 5. A curtain wall, un-pierced except for required ven la on and access, shall be installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches and shall be constructed of masonry or similar material. 6. The dwelling shall be placed on a permanent founda on, either slab or pier, which meets the requirement of the Standard Building Code. In addi on, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning. Installa on shall be in accordance with the Rules and Regula ons for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service. 7. U lity meters shall be mounted to the structure rather than on a u lity pole. 8. A landing shall be installed at each doorway. The minimum size of the landing shall be four (4) feet by six (6) feet (excluding steps) at each doorway. The structure shall include steps which lead to ground level, and both landing and steps shall meet the requirements of the Standard Building Code. 9. Mechanical equipment, electrical meter and service components, and similar u lity devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. 10. The dwelling shall be installed in accordance with O.C.G.A. § 8-2-110 et seq., and the rules promulgated thereunder. 4.4.3 Requirements for Manufactured Homes A. A dwelling unit manufactured with the Secretary of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, shall meet the following development standards: 1. A minimum width of 12 feet. 2. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 3. Any dwelling unit for which a building permit was obtained prior to the adoption of this ordinance may be extended, enlarged, or repaired as otherwise provided by this ordinance with the same roof pitch as that allowed by the previous building permit. 4. A curtain wall, un-pierced except for required ventilation and access, shall be installed so that it encloses the area located under the home to the ground level. Such a wall shall be non-load bearing and have a minimum thickness of four (4) inches when constructed of masonry, brick, stone finish, or similar material. When metal or molded curtain walls are used, they must be attached to treated wood framing that is no more than 24 inches on center or metal channel framing. 5. The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirement of the Standard Building Code. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials manufactured for the purpose of underpinning. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes made and promulgated by the Georgia Safety Fire Commissioner and shall be completed prior to permanent electrical service. 6. All axles, tongues, and transporting and towing apparatus shall be removed before occupancy. 4.4.4 Requirements for Single-Family Detached and A ached (includes duplex, triplex, quadraplex) A. Design Composi on. 1. The front facades shall include at least two of the following architectural modula on and details: a. Varied materials and wall planes; b. Varied roof forms and roof lines; c. Balconies; d. Porches; e. Bay windows; f. Varied window sizes and shapes; g. Shu ers; h. Entrance doors; i. Sidelights; j. Pilasters; k. Varied garage door designs; l. And other features as approved by the Director. 2. Iden cal facades shall not be used for more than two (2) dwellings or buildings on the same block face, or for buildings that face each other across a street. For townhomes, iden cal façade designs must not be used for more than six (6) on the same block face, or for buildings that face each other across a street. Differen a on between adjacent facades may be accomplished by a change in materials, building height, color, or roof form. 3. The dwelling shall be a ached to a permanent founda on. The founda on shall be concrete or masonry blocks joined by mortar or both. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combina on of each. In cases where homes fall off in grade toward a basement condi on, the brick or stone water table shall be extended along the sides and rear to achieve the same height as exists on the front of the home. 5. Any building having its finished floor en rely above grade, except for a basement, as defined in the Interna onal Building Code, shall be enclosed by masonry blocks or bricks joined by mortar, or poured concrete walls having a minimum height of 18 inches and a minimum width of six (6) inches. 6. Garages. a. A minimum of two (2) car garages shall be required for all single-family detached residen al structures. Side or rear entry garages shall be required. b. Two (2) car garages are required for each unit of a duplex. B. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, glass, stucco, shake, wood, or cemen ous fiberboard siding. 2. Buildings in the CCR zoning district are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combina on of glass, stucco, wood or cemen ous fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 3. Vinyl or aluminum siding shall not be permi ed. Metal or cemen ous composite board siding may be used in the eaves and soffits of a building. C. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra co a, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. The minimum roof pitch of a single-family home shall be 4:12. Porches, stoops, and dormers are exempt from this requirement. D. Mechanical Equipment Screening. 1. Mechanical equipment, electrical meter and service components, and similar u lity devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. 4.4.5 Requirements for Single-Family Detached and A ached (townhomes) A. Architectural Image and Character. 1. Townhome developments shall be designed to maintain a high-quality residential character through appropriate building massing, architectural detailing, materials, and façade articulation. These standards are intended to promote durable, attractive, and compatible development while allowing flexibility in architectural style, provided the minimum requirements of this section are satisfied. B. Design Composition. 1. Building design shall incorporate durable, high-quality exterior materials that are compatible with the architectural character of the surrounding area. 2. Primary exterior materials shall consist of brick, natural stone, stucco, or cementitious fiber cement siding. Natural stone is preferred; however, manufactured stone may be permitted when approved by the Community Development Department and determined to be of comparable quality and appearance. 3. Rear elevations shall be constructed of brick, stone, stucco, cementitious fiber cement siding, or another approved material that is architecturally compatible with the front façade. 4. Exterior colors shall consist of a cohesive and complementary color palette. 5. Bright, fluorescent, or highly reflective colors shall be prohibited except as minor accent colors approved by the Community Development Department. 6. Front elevations and elevations facing a public street or common open space shall incorporate a minimum of three (3) exterior materials and three (3) complementary colors. 7. Interior side and rear elevations shall incorporate a minimum of two (2) exterior materials and two (2) complementary colors. 8. Two (2) car garages are required. 9. Brick, stone, wainscot, or other approved primary façade materials shall wrap a minimum of two (2) feet around all exterior building corners. 10. Primary façade materials shall extend the full width of each front elevation and any elevation facing a public street or common open space. 11. Material transitions shall occur at logical architectural breaks and shall not terminate abruptly at outside corners. C. Exterior Finish Materials. 1. The front façade of each townhome dwelling unit shall be comprised of not less than 75% percent brick. The remaining 25% percent of the front façade may consist of stone, stucco, cementitious fiber cement siding, shake, or other materials approved by the Unified Development Code. a. For purposes of calculating façade materials, doors, windows, garage doors, gables, and eaves shall not be included in the calculation. 2. The front and side façades of each dwelling unit shall consist of primary exterior materials, including brick and/or stone, together with complementary secondary materials such as stucco, shake, or cementitious fiber cement siding, provided that cementitious fiber cement siding shall not exceed 30% percent of the total exterior wall area. 3. The rear elevation may consist of brick, stone, stucco, cementitious fiber cement siding, or a compatible combination of these materials. All exterior materials shall be architecturally compatible with the front façade. 4. Vinyl siding, metal siding, aluminum siding, and other similar materials shall be prohibited on the front, side, and rear elevations of all townhome dwelling units, including gables and eaves, unless otherwise expressly permitted by this Unified Development Code. D. Building Features. 1. The primary entrance to each townhome building shall be clearly identifiable and emphasized through the use of an appropriately scaled architectural feature, such as a porch, portico, canopy, recessed entry, or similar architectural element. 2. Canvas or fabric awnings shall not be permitted at primary building entrances unless specifically approved by the Community Development Department as an integral component of the building's architectural design. 3. For multifamily-style townhome buildings with a common entrance, the primary entrance shall provide direct access to a vestibule or interior lobby. 4. Each dwelling unit shall include either a functional balcony or, for ground-floor units, a private patio or other usable outdoor living space. 5. Juliet balconies may be permitted when architecturally integrated into the overall building design. 6. Exterior elevated walkways, exterior landings, and exterior common stairways providing primary access to individual dwelling units shall be prohibited. E. Architectural Details and Orientation. 1. Where thin veneer brick or manufactured stone is utilized as an exterior finish material, the material shall wrap around exterior building corners a minimum of 24 inches or terminate at an inside corner to provide the appearance of fulldepth masonry. 2. Trim surrounding windows, doors, building corners, rooflines, and changes in exterior materials shall be architecturally proportionate and shall have a minimum nominal width of four (4) inches. 3. Trim colors shall complement or appropriately contrast with the primary exterior building materials. 4. Where shutters are provided, they shall be proportionate to the adjacent window opening and sized to appear functional. 5. Roof eaves and overhangs shall project a minimum of 12 inches, unless an alternative architectural treatment is approved by the Community Development Department F. Massing and Roof Forms. 1. Townhome buildings shall not exceed two and one-half (2½) stories in height when viewed from the fronting public or private street. Any above-grade parking level visible from the street shall be considered a story and shall be included in the maximum building height calculation. 2. Townhome buildings shall incorporate pitched roofs. Acceptable roof forms include gable, hip, shed, or similar residential roof styles. False parapets or other architectural elements intended solely to conceal a pitched roof or create the appearance of a flat roof shall be prohibited. 3. Dormers, where provided, shall be functional, proportionate to the building, and architecturally integrated into the overall design. Dormers used to conceal mechanical equipment may be permitted, provided they remain consistent with the architectural character of the building. 4. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. G. Mechanical Equipment Screening. 1. Mechanical equipment, electrical meter and service components, and similar utility devices, whether ground level, wall mounted, or roof mounted, shall be screened from public rights-of-way views through one (1) of the following methods: a. Where equipment is at ground level, screening may be provided through landscaping sufficient to block the view from public rights-ofway. b. Where brick, wood, or masonry materials are used to screen equipment or devices, the materials shall be the same as the predominant exterior building materials for the principal building on the site. H. Maintenance. 1. All exterior architectural features, building materials, landscaping, and design elements required by this section shall be maintained in good repair throughout the life of the development. Replacement materials shall be substantially similar in appearance, quality, and design to the originally approved materials unless otherwise approved by the Community Development Department. I. Review and Approval. 1. Architectural elevations and site plans shall be reviewed by the Community Development Department as part of the applicable development review process, including site plan approval, subdivision approval, or other applicable development applications. Approval of the architectural elevations shall be required prior to the issuance of any land disturbance or building permit. J. Site Development Standards. 1. Landscaping shall comply with the applicable provisions of Chapter 13, Buffers, Landscaping, and Tree Protection, of the UDC. 2. All required landscaping shall be installed prior to the issuance of a Certificate of Occupancy unless an alternative installation schedule or financial guarantee is approved by the City in accordance with the Unified Development Code. 4.4.5 Requirements for Mul -Family Residen al (includes apartments and condominium buildings) A. Design Composition. 1. Building designs shall incorporate at least two (2) of the following features. The maximum wall length without façade features shall not exceed 30 feet. a. Columns; b. Windows; c. Doors; d. Balconies; e. Pilasters; f. Changing rooflines; g. Cornice; h. Porch entrances; i. Tower elements; j. Architectural patterns and texture; k. Cupola; or l. Dormers. 2. For buildings 100 feet or more in length, at least two (2) portions of the streetfacing façade must have a wall projection or recess which are a minimum of three (3) feet in depth and a minimum of 20 contiguous feet long. The combination of the required variations in setback must total no less than 20% of the length of the building. 3. Window systems shall be recessed from the façade of the building a minimum of three-quarters (0.75) inches. This reveal may be achieved through the design of the window casing reveals and frames, the use of a brick sill, or recessing the front face of the upper sash from the exterior wall plane. Alternative detailing that achieves a similar degree of depth and visual articulation may be approved by the Director. 4. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each. 5. The building design shall include a minimum of a one (1) foot deep cornices along the entire front facade of the building and extending for a distance of at least ten (10) feet along the sides of the building. B. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, stucco, shake, wood or cementitious fiberboard siding. 2. Stand-alone multi-family buildings are required to be at least 75% brick or stone on all four (4) facades of the building with the remaining 25% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the facades shall be constructed of metal or steel. 3. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. Roof Requirements. C. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the director. 2. Roof Types. a. Mansard roofs shall have a maximum pitch of 12:12 and a minimum twelve-foot vertical surface length. b. Flat roofs shall include parapet articulation on the front facade(s) of such building. c. Green roofs hall be highly recommended and will be reviewed on a case-by-case basis. d. Gable roofs shall have a minimum roof pitch of 4:12. Porches, stoops, and dormers are exempt from this requirement. D. Site Requirements. 1. All entrance and exit driveways shall be paved with asphalt, concrete or pavers. 2. Con nuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage. 4.4.6 Requirements for Non-Residen al (includes mixed-use, commercial, ins tu onal, industrial, etc.) A. All buildings constructed within a MUS, MU, PUD, C-1, C-2, OI, LI, or HI zoning districts shall meet the development standards and the appearance standards set forth in this section. “Buildings” shall include all commercial, office, institutional, and industrial buildings. B. Design Composition. 1. Building designs shall incorporate at least two (2) of the following features: a. Columns; b. Storefront; c. Windows; d. Piers; e. Pilasters; f. Changing rooflines; g. Variation in setback of the facades; h. Cornice; i. Tower element; j. Architectural Patterns and Texture; k. Cupola; or l. Dormers. 2. For buildings 100 feet or more in length, at least two (2) portions of the streetfacing façade must have a wall projection or recess which are a minimum of three (3) feet in depth and a minimum of 20 contiguous feet long. The combination of the required variations in setback must total no less than 20% of the length of the building. 3. Building designs shall integrate at least one (1) material changes and color variation averaged over each façade. Buildings with facades longer than 100 feet shall have an articulated façade that incorporates at least one (1) significant modulation that includes a variation in setback of the facades and/or color and texture change. 4. All windows shall be consistent with the decorative façade design, considering materials and colors. 5. A water table a minimum of 24 inches in height from finished grade on all sides of the building shall be faced with brick, stone, or a combination of each 6. For any multi-tenant commercial development, a covered arcade/structural canopy shall be provided along the front facade of the building. It shall be a minimum of five (5) feet in width and designed to provide covered areas for relief from the weather. Different arcade/structural canopy designs may be used for each individual tenant/business within a multi-tenant commercial development provided that they blend aesthetically with the front facade of the building and has the approval of the building owner and the Director. 7. A pedestrian entrance which faces an abutting public street, or the nearest public vehicular access drive if there is no abutting public street. This pedestrian entrance shall be a primary entrance that is open to guests or customers during the hours of operation of the subject building. C. Exterior Finish Materials. 1. Exterior building materials shall be primarily brick, stone, other masonry, stucco, or EIFS. 2. Commercial and mixed-use buildings in the MUS, MU, PUD, C-1, C-2, or OI zoning district are required to be at least 75% brick or stone of the façade area on all four (4) facades of the building. The remaining 15% shall be a combination of glass, stucco, wood or cementitious fiberboard siding, paneling, or metal. A maximum of ten percent (10%) of the façade area shall be constructed of metal or steel. For the purposes of these calculations, “façade area” includes the area of parapets, windows, and doors. 3. Industrial buildings in the MUS, MU, PUD, LI, or HI zoning district shall maintain a decorative façade on that portion of the building that faces all public streets. The decorative facade shall consist of brick, masonry, and/or wood. Glass may be used in combination with brick, masonry, and/or wood. 4. Facade colors and materials shall be limited to three (3) per facade face. They shall either be complementary to the materials that are already being used in the neighborhood; or, if dissimilar materials are being proposed, other characteristics such as scale, proportion, form, architectural detailing, color, and texture shall be sued to ensure that the building related to the rest of the neighborhood. 5. All facades that are visible form a public street or park/open space shall utilize high-quality finish materials. 6. Vinyl or aluminum siding shall not be permitted. Metal or cementitious composite board siding may be used in the eaves and soffits of a building. D. Roof Requirements. 1. Roof materials shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, or natural wood shake. Other roof materials may be used where specifically approved by the Director. 2. Roof Types. a. Mansard roofs shall have a maximum pitch of 12:12 and a minimum twelve-foot vertical surface length. b. Flat roofs shall include parapet articulation on the front facade(s) of such building. c. Green roofs hall be highly recommended and will be reviewed on a case-by-case basis. d. Gable roofs shall have a minimum roof pitch of 4:12. Porches, stoops, and dormers are exempt from this requirement. E. Site Requirements. 1. Street level retail uses with sidewalk frontage shall provide an entrance to the building from the sidewalk in addition to any other access that may be provided to the building. 2. All entrance and exit driveways shall be paved with asphalt, concrete or pavers. 3. Continuous sidewalks must be provided to connect building entrances to required sidewalks along street frontage. 4.4.7 Establishments over 40,000 Square Feet (large-scale retail centers) A. Purpose. This section is intended to provide design standards for uses located in largescale commercial buildings. The purpose is to ensure the compatibility of large buildings and their associated impacts with the surrounding area, and to avoid large, undifferentiated building walls. B. Applicability. Establishments having more than 40,000 square feet of floor area shall comply with the design standards contained in this section in addition to those contained in Section 4.4, Architectural Guidelines and in addition to the site design standards of the underlying zoning district. The size threshold refers to an individual establishment and any associated outdoor areas used for display or storage. C. Building Design Standards. Building design shall meet the standards below in Table 4.4.7.C, Building Design Standards for Establishments over 40,000 square feet. Table 4.4.7.C – Building Design Standards for Establishments over 40,000 square feet DEVELOPMENT STANDARD FEATURE Design Composition Arcades, display windows, entry areas, or awnings shall be provided along at least 60% of the facade. A repeating pattern of color, texture, or materials change is required. Roof and roof line Provide a change in height every 100 linear feet of building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. D. Site Design Standards. Site design shall meet the standards below in Table 4.4.7.D, Site Design Standards for Establishments over 40,000 square feet. Table 4.4.7.D – Site Design Standards for Establishments over 40,000 square feet DEVELOPMENT STANDARD FEATURE Parking Shall not exceed 110% of the parking standard provided. At least 20% of the required parking shall be provided in pervious pavement, grass, gravel, turf block, or similar material. Structured parking is strongly encouraged. Loading Docks Shall be screened from view from adjacent properties and from the public right-of-way; Shall be located in the side or rear of the building or lot; Shall be set back a minimum of 100 feet from any residentially zoned property. Dumpsters Enclosed with materials compatible to the principal building, except for an access gate, and screened from view from adjacent properties and from the public right-of-way. Open space Pedestrian Access A minimum of 20% of the site shall be landscaped open space. Decorative walkways within landscape medians and around larger parking pods are required for every five (5) drive or parking aisles to provide safety and space for pedestrians. A drive or parking aisle shall include both sides available for parking. If required within a site, the material for these connections shall be a decorative paving material (i.e., stamped or textured concrete, pavers, or color concrete) to delineate the pedestrian crossing. A pedestrian connectivity plan must be approved by the Director. This plan must provide the proposed pavement design, indicate proposed pedestrian walkways within the site, and indicate connections to other sites. 4.4.8 Mechanical Equipment A. Exemptions. Free-standing or roof-mounted renewable energy systems such as solar panels are exempt from these screening requirements, where such screening would interfere with the function of said renewable energy systems. Exemptions shall be reviewed and approved by the Director. B. Roof-Mounted Equipment. 1. Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent street (not including an alley) through one of the following techniques: a. Enclosing the utility within a roof that is integrated into the building form; b. Locating the utility within an enclosed mechanical penthouse whose materials and detailing complement the building architecture; c. Locating the utility far enough from the parapet so as to be effectively invisible from adjacent public rights-of-way. 2. Roof-mounted equipment shall be compatible with the principal building in terms of texture, quality, material, and color. C. Wall-Mounted Equipment. 1. Wall-mounted equipment shall not be located on any surface that directly faces a street (not including an alley). 2. 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. D. Ground-Mounted Equipment. 1. Ground-mounted equipment screening shall be as high as the highest point of the equipment being screened. 2. Screening shall consist of landscaping or an opaque screen of brick, wood, or masonry materials compatible with the principal building or landscaping. CHAPTER 5: PARKING REQUIREMENTS 5.1 Purpose A. The intent of this Chapter is to ensure the appropriate location, quantity, and quality of off-street parking and loading areas and to ensure that all developments provide adequate and safe storage and movement of vehicles consistent with safe and inclusive site design principles. 5.2 Applicability A. Except as provided in this Chapter, no application for a building permit shall be approved unless there is included with the plan for such building, improvements, or use, a development plan showing the arrangement and quantity of spaces reserved for offstreet parking and loading. If no building permit is required prior to the commencement of a particular land use, compliance with the requirements of this Chapter shall be determined prior to the issuance of a Certificate of Occupancy (C.O). B. Each use of land and each building or structure hereafter constructed or established, and each addition to a structure shall provide off-street parking and loading according to the standards set forth herein. C. When an addition is made to a building containing less than the required parking or loading requirements, an adequate quantity of off-street parking shall be provided for the entire site. D. No addition to an existing building shall be constructed which reduces the number of spaces, area, or usability of an existing parking lot or loading space, unless such building and its addition conform with the regulations for parking and loading contained herein. E. With the exception of restriping parking lots or other routine maintenance which does not result in a reconfiguration of the parking spaces, any modification to existing offstreet parking and loading facilities shall conform to the requirements of this Chapter. 5.3 Maintenance A. All off-street parking and loading areas shall be well maintained. Parking lots and loading areas shall be free of potholes, debris, weeds, broken curbs, and broken wheel stops. B. Signs located within parking lots and painted lines for parking lots and buffers shall be well maintained. 5.4 General 5.4.1 Loca on A. The required accessory off-street parking facility shall be located on the same lot as the use for which it is provided or on a lot within 400 feet of the nearest boundary of the lot upon which the use is located measured by the shortest distance separating the sites. B. No required parking shall be permitted in any required landscape area or buffer. C. Single-family and Two-Family Dwellings. Parking areas that serve detached singlefamily and two-family residences shall be located on-site and shall meet the following requirements: a. Unenclosed parking spaces may occupy a side yard, and no more than 50% of a required rear yard. b. A maximum of two (2) spaces may be permitted adjoining the entrance to a front entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists. c. Garage and carport spaces shall be considered parking spaces. D. Townhomes Developments Parking areas that serve townhouses shall adhere to the following requirements: a. Unenclosed parking spaces may occupy a side yard, and no more than 50% of a required rear yard. b. A maximum of two (2) spaces may be permitted adjoining the entrance to a front entry garage or carport or adjoining the end of a driveway whenever no garage or carport exists. c. Garage and carport spaces shall be considered parking spaces d. No off-street parking space or driveway shall be located within ten (10) feet of any property boundary, except for portions of a driveway intended to connect a garage or carport to the street, rather than for parking. E. Multi-Family Developments. Parking areas that serve multi-family residences shall adhere to the following requirements: a. Parking areas be prohibited within the required setback for the front yard and the side corner yard. b. Driveways shall not be located nearer than ten (10) feet to any side or rear property line. c. No off-street parking space shall be located within 25 feet of any side or rear property line adjacent to a single-family residence, nor within ten (10) feet of any other property line. F. Non-Residential. Parking areas that serve non-residential land uses shall adhere to the following requirements: a. Parking areas shall be prohibited within the required setback for the front yard and the side corner yard. b. No off-street parking shall be permitted within 25 feet of any property line which adjoins a single-family residential district or use. 5.4.2 Vehicle Parking in Residen al Districts A. Commercial Vehicle Parking. 1. Except as provided herein, no open parking, open storing, or maintaining of any commercial vehicle shall be allowed to park on any residential lots, residential complexes, developments, or subdivisions, and in all residential zoning districts. B. Exceptions. 1. Any commercial vehicle actively engaged in loading or unloading of merchandise or passengers or actively servicing a customer. 2. Any government vehicle or other vehicle used for the primary purpose of transporting children to and from non-profit organizations, or state licensed accredited schools may park in said districts provided that such vehicle is not parked on any public street and is parked in the side or rear yard behind the main building line of the driver's dwelling. 3. Trucks used in farming the property on which they are located, or trucks used in conjunction with a permitted use. 4. Trucks under four (4) tons in empty weight. C. Recreational Vehicle (RV), Equipment, Truck, and Trailer Parking. 1. Except as provided herein, no motorized or non-motorized recreational vehicles, equipment, or trailers shall be parked or stored on any residential lots, residential complexes, developments, or subdivisions, and in all residential zoning districts for more than 24 hours unless one of the following conditions is satisfied: a. The motorized or non-motorized recreational vehicle, equipment, or trailer is parked in a side or rear yard behind the main building line in accordance with other sections of this ordinance. b. The motorized or non-motorized recreational vehicle, equipment, or trailer is parked under a carport or in an enclosed building. 2. In the case of a corner lot, no vehicles may be parked or stored in the side yard on the street side of the lot. 3. The Director is authorized to allow such equipment to be used as living quarters in the following situations, provided that adequate documentation is provided prior to establishing them: a. Family hardships and catastrophic events. b. Temporary dwelling when a primary structure is being built or modified on the same property. c. No more than one (1) such vehicle is allowed to be occupied on-site at any one (1) time. No separate permanent utility hook-ups or fixtures may be installed at any time. Furthermore, no recreational vehicle shall create a safety hazard, including blocking, or otherwise obstructing, public rights-of-way or sidewalks. Such equipment may be used for a period not to exceed 90 consecutive days. 5.5 Parking Calcula on Requirements A. Fractional Measurements. When units or measurements determining number of required off-street parking spaces result in the requirement of a fractional space, then such fraction shall be rounded up to the next whole number. B. Where the unit of measure for determining the number of parking spaces is the number of seats in a facility, the number of seats shall be the maximum occupancy allowed pursuant to building and construction codes. C. When multiple uses occupy a building, or a mixed-use development is proposed in separate buildings under unified control, the parking and loading requirement shall be met by each use, unless shared parking is approved according to the standards in this Chapter. D. In the case of a mixed-use building, the minimum amount of parking required shall be that of the use that provides the greatest number of spaces. E. Minimum Space Requirements for Uses Not Identified. Where the need for parking of a particular use is uncertain due to unknown/unusual operating characteristics or where the use is not specifically identified in the Parking Calculation Table, the Director shall determine the most similar land use provided in the table and apply the parking regulations therein 5.6 Required Parking Spaces and Loading Spaces A. Unless otherwise expressly stated in this UDC, parking ratios shall be as per the Table 5.6.A – Parking Ratios. B. Unless otherwise expressly stated in this UDC, parking ratios shall be as per the Table 5.6.B – Loading Space Requirements. Table 5.6.A – Parking Ratios Land Use Group Land Use Examples (including but not limited to) Adult entertainment establishments Assembly places with fixed seating Assembly places without fixed seating Auto dealerships, sales & service Child care and kindergartens Churches and other places of worship Clubs and lodges Stadiums/auditoriums 1 per 4 fixed seats Theaters/amphitheaters Meeting halls 3 per 100 sq. ft. of Libraries assembly room space New car sales 6 per 1,000 sq. ft. Used car sales Service and parts Day care centers 1 per classroom or Pre-school activity room 1 per 20 sq. ft. of space in the main assembly area(s) Country clubs Fraternal organizations Club with golf course 5 per 1,000 sq. ft. 50 per 9 holes + 1 per 1,000 sq. ft. Commercial, amusement, outdoor Amusement parks Skateboard parks Batting cages Custodial care Assisted living Dance studios Minimum Parking Quantity Requirement 10 per 1,000 sq. ft. Maximum Parking Quantity Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per fixed seat 6 per 100 sq ft of assembly room space 12 per 1,000 sq ft 3 per classroom or activity room Parking shall not exceed 150% of the Minimum Requirement 10 per 1,000 sq ft Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats; plus 10 per 1,000 sq. ft. of ground area identified for recreation and assembly 2.5 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 10 spaces per 1,000 Parking shall not sq. ft. exceed 150% of the Dormitories and related Festivals, outdoor Financial institutions Dormitories Fraternity houses Sorority houses Boarding houses Horse shows Carnivals Dog shows Arts and crafts Banks Credit unions Brokerage houses Funeral homes Hotels and motels Industrial and manufacturing 2 per 1,000 sq. ft. of ground area identified for festivals and music festivals related seating 5 per 1,000 sq. ft. 1 per 3 fixed seats, plus 1 for each 25 sq. ft. in the largest assembly room 50 spaces per 9 holes Golf course, public and private, without club facilities Health care facilities 1 per bedroom Hospitals Out-patient clinics Convalescent home Nursing home Apartment hotels Hotels Motels Assembly plants Fabrication plants Factories Laboratories, Experimental labs scientific and related Fabrication plants Factories Medical offices Dental offices Related facilities Doctor's offices Veterinary offices Clinics 1 per 4 beds, plus 1 per 3 employees 1 per room Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement 10 per 1,000 sq ft Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement 1 per bed 1 per 2,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 3 per 1,000 sq ft 1per 2,000 sq. ft. 3 per 1,000 sq. ft. 4 per 1,000 sq. ft. 8 per 1,000 sq ft Mini-warehouses Offices, general Personal service establishments 1 per employee, plus 1 per 5,000 sq. ft. Freestanding offices Office towers Office parks Offices associated with other uses Barber shops Beauty parlors Laundromats/dry cleaners Race track Recreational facilities, indoor Recreation, private Recreation, public Recycling centers Billiard parlors Game rooms Arcades Skating rinks Physical fitness centers Museums Bowling alleys Sports court Swimming pool Sports Courts Playing Fields Driving Range Miniature golf Swimming pool 3 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement Parking shall not exceed 150% of the Minimum Requirement 5 per 1,000 sq. ft. 12 per 1,000 sq ft 1 per 4 fixed seats or 1 per 35 sq. ft. of floor area used for moveable seats, plus 10 per 1,000 sq. ft. of other spectator area 5 per 1,000 sq. ft. Parking shall not exceed 150% of the Minimum Requirement 4 per court 6 per adult swimming pool , plus 1 per 15 dwelling units beyond 60 served 4 per court 50 per field 2 per tee 20 per 18 holes 20, plus 1 per 50 sq. ft. of pool area 3 spaces per 2,000 sq. ft. of building floor area and 2 spaces per outdoor 10 per 1,000 sq ft 8 per court Parking shall not exceed 150% of the Minimum Requirement 8 per court 100 per field 4 per tee 40 per 18 holes 40, plus 1 per 50 sq. ft. of pool area Parking shall not exceed 150% of the Minimum Requirement Residential, cottage court village development Residential, townhome Residential, multifamily (fewer than 40 units/acre) Residential multifamily high-rise (40 + units/acre) Residential, singlefamily Residential, tiny house village development Residential, retirement home Restaurants, nightclubs and taverns (including outdoor seating) Retail establishments recycling collection container; plus loading spaces Cottage home residence 2 space per dwelling unit, plus 1 guest parking space per 5 dwelling units 2 space per dwelling unit, plus 1.4 guest parking spaces (studio or 1 bedroom); 2 guest parking spaces (2 bedroom); 2.25 guest parking spaces (3 bedroom) 1 bedroom or efficiency 1 per dwelling unit unit 2 per dwelling unit 2 bedroom unit 2 per dwelling unit 3 bedroom unit 1 bedroom or efficiency 1. per dwelling unit unit 1.5 per dwelling unit 2-bedroom unit 2 per dwelling unit, 3-bedroom unit plus 2 guest parking spaces per unit Detached dwelling 2 per dwelling unit , Duplexes plus 1 guest parking Mobile homes space per 5 dwelling Townhouses units Tiny home residence 1 space per dwelling unit, plus 1 guest parking space per 5 dwelling units Retirement homes 1per dwelling unit Retirement village Cafeterias 6 per 1,000 sq. ft. Bars Dance clubs Restaurants Music clubs Bistros Boutiques 5 per 1,000 sq. ft. Shops 3 spaces per dwelling unit 2 per dwelling unit 3 per dwelling unit 4 per dwelling unit 2 per dwelling unit 3 per dwelling unit 4 per dwelling unit Not applicable 3 space per dwelling unit 4 per dwelling unit 20 per 1,000 sq ft 10 per 1,000 sq ft Stores Rental services Art galleries Food stores Salvage, storage and/or junk facility Schools Service and repair establishments Service stations and automotive repair centers Warehousing and storage Junior High Elementary Middle Secondary High Colleges/Business colleges Tech/universities/trade Conservatories Appliance repair shops Bicycle repair shops Shoe repair shops General repair centers Automotive garages Paint and body shops Tire centers Service stations Commercial storage Distribution centers Table 5.5.B – Loading Space Requirements Type of Use Gross Floor Area (sq. ft.) Single retail establishment services Shopping centers Office buildings Apartment building over four stories 0 to 19,999 20,000 to 49,999 50,000 to 250,000 Greater than 250,000 0 to 19,999 20,000 to 49,999 50,000 to 100,000 Greater than 100,000 0 to 999,999 1,000,000 to 2,000,000 Greater than 2,000,000 2 spaces per gross acre 2 per classroom 6 spaces per gross acre 6 per classroom 10 per classroom 20 per classroom 8 per classroom or auditorium 30 per classroom or auditorium 5 per 1,000 sq. ft. 10 per 1,000 sq ft 5 per 1,000 sq. ft. 10 per 1,000 sq ft 1 per 2,000 sq. ft. 2 per 1,000 sq ft. Minimum Loading Space Quantity Requirement 0 1 2 3 0 1 2 3, plus 1 per each additional 100,000 square feet of gross floor area 0 1 2 Hospitals, health care establishments Hotels and motels Manufacturing, warehousing, wholesaling, and similar land uses 0 to 14,999 15,000 to 39,999 40,000 to 80,000 Greater than 80,000 Recycling centers N/A 1 2 3 3, plus 1 per each additional 100,000 square feet of gross floor area 2 5.7 Handicap Parking Requirements A. Parking spaces shall be provided for individuals with disabilities pursuant to The Americans with Disabilities Act (ADA). Parking ratios shall be as per the Table 5.7, Handicap Parking Requirements. B. Accessible spaces shall be marked on the pavement and by appropriate signage, both markings to use the universally accepted "handicapped" symbol. Such spaces shall be located in closest proximity to major building entrances, but in no event shall such spaces be more than one hundred (100) feet from an entrance. C. Ramps shall meet the design standards set forth in the Georgia Accessibility Code of the Rules and Regulations of the Georgia Safety Fire Commissioner. Table 5.7 – Handicap Parking Requirements Minimum Quantity of Parking Spaces Required Less than 26 26—50 51—75 76—100 101—150 151—200 201—300 301—400 401—500 Greater than 500 Minimum Quantity of Accessible Parking Spaces Required 1 2 3 4 5 6 7 8 9 2% of total required spaces 5.8 Design Standards 5.8.1 General A. All parking spaces and drive-aisles that serve multi-family, commercial, and industrial land uses shall be composed of a paved, dust-free surface. The use of approved permeable or pervious pavement materials is encouraged, provided such paving is approved for use by the Director. B. All off-street loading stalls shall have access from a public street. C. Loading stalls are not to hinder movement of pedestrians or vehicles over a street, sidewalk, or alley, or to and from an off-street parking area. D. Off-street parking and loading areas that are to be used at night shall include proper illumination for the safety of pedestrians, vehicles, and for security purposes, pursuant to the illumination requirements of this Chapter. E. Each off-street parking space shall be clearly marked, and directional arrows or signs shall be provided wherever necessary. Markers, directional arrows, and signs shall be properly maintained to ensure their maximum efficiency. F. All off-street parking, loading, and service areas shall be drained to prevent damage to abutting properties and/or public streets and shall be constructed of materials that shall assure a surface resistant to erosion. G. All off-street parking, loading, and service areas shall be separated from walkways, sidewalks, and streets by curbing or similar physical vehicle barriers. H. Parking lot solar carports are permitted and encouraged in accordance with Section 3.2.37, Solar Energy Systems. 5.8.2 Dimensional Standards A. The minimum parking lot space dimensions shall be in accordance with Table 5.8.2.A, Dimensional Standards: Table 5.8.2.A – Dimensional Standards Type of Parking Space 45° angle 60° angle 90° angle (perpendicular) Parallel Compact automobile space: 90° angle Handicapped spaces Minimum Required Dimensions 9' wide; 25' deep 9' wide; 22' deep 9’ wide; 19' deep 8'6" wide; 21' deep 8' wide; 18' deep Refer to the Georgia Accessibility Code of the Rules and Regulations of the Georgia Safety Fire Commissioner B. Aisle Width. The minimum aisle width shall be in accordance with Table 5.8.2.B, Aisle Widths: Table 5.8.2.B – Aisle Widths Required Width of Interior Driveways and Aisles (feet) 24 18 Parking Design (degree of angle) 90° 60° 12 12 24 24 Parallel One-way traffic: Not adjacent to parking Two-way traffic: Not adjacent to parking 90° Figure 5.8.2.B (1) - 90° Parking Figure 5.8.2.B (2) - 45° Parking Figure 5.8.2.B (3) - 60° Parking C. Loading Space Dimensional Standards. The minimum aisle width shall be in accordance with Table 5.8.2.C – Loading Space Dimensional Standards: Table 5.8.2.C – Loading Space Dimensional Standards Land Use Minimum Required Dimensions Overhead Clearance Wholesale and 10’ wide; 50’ deep Industrial Uses 14’ All Other Uses 10’ wide; 35’ deep D. One electric vehicle charging station in accordance with Section 3.2.15 is required per 10 parking spaces, not to exceed 30 spaces. 5.9 Shared Parking Arrangements A. Shared parking facilities are permitted by the City with the following intentions: 1. To reduce the gross land area used for parking lots and parking infrastructure in non-residential areas. 2. To reduce development and maintenance costs associated with parking infrastructure that is rarely or never fully utilized. 3. To foster connectivity between neighboring business and commercial enterprises. B. Where shared parking facilities are proposed, the following standards shall be met: 1. There shall be paved vehicular inter-parcel access between the subject properties. 2. There shall be paved pedestrian inter-parcel access between the subject properties. 3. The subject property owners shall execute a cross-access and cross-parking agreement, provided in a recordable instrument, acceptable to the City. The agreement shall guarantee the joint use of a specified number or share of parking spaces. 4. In no case shall parking spaces that are farther than 1,000 feet from a building entrance be allowed to satisfy off-street parking requirements for a use or be counted towards shared parking requirements. C. A City shall be furnished with a parking study to demonstrate the proposed shared parking agreement will provide adequate parking for the subject property and land uses. The study shall include the following requirements: 1. Estimates of parking requirements based on professionally accepted data or studies, such as from the Institute of Traffic Engineers, Urban Land Institute, or other sources acceptable to the City. a. Parking requirements shall be based on uses that are the same or comparable to the proposed uses. Comparability shall be determined by density, scale, bulk, area, type of activity, and location in relationship to other uses and the transportation system. b. Parking requirements shall be based upon peak hours of need for each use proposed to share parking facilities. The hours of maximum, or peak, parking demand of the respective developments shall not overlap. 2. Document the source(s) of data used to develop recommendations. 3. Document the extent to which transportation system management and alternative forms of transportation (pedestrian and bicycle) reduce the parking requirement. 4. Document the availability of off-site parking to meet a portion of the parking requirements. Off-site parking shall not be located more than 150 feet from the uses that require parking. The study shall be accompanied by documentation to demonstrate the continued availability of the off-site parking, such as easements or other recordable instruments. D. Shared Parking Calculation. 1. The process for determining the minimum parking requirements shall be as follows: a. Determine the minimum number of parking spaces required for each use category from Section 5.6, Required Parking Spaces and Loading Spaces. b. Multiply each parking requirement by the corresponding percentage for each of the time periods shown on the table below. c. Total the number of parking spaces for each of the time periods. d. The largest column total is the minimum shared parking requirement for the development or collectively for the contiguous properties. 2. Shared Parking Requirements shall be as per the Table 5.9, Shared Parking Requirements. Table 5.9 – Shared Parking Space Requirements WEEKDAYS LAND USE 6:00 A.M. to 5:00 5:00 p.m.to 1:00 P.M. A.M. Residential 80% 100% Office 100% 10% Retail 95% 85% Hotel 60% 100% Restaurant 75% 100% Entertainment 50% 85% Place of Worship 50% 50% WEEKENDS 6:00 A.M. to 5:00 P.M. 80% 20% 100% 60% 60% 70% 100% 5:00 P.M. to 1:00 A.M. 100% 5% 70% 100% 100% 100% 60% 5.10 Parking Garages A. Where practicable, the ground floor facade of any parking structure abutting a street or walkway shall be wrapped with retail or office uses. Where appropriate, liner buildings shielding the garage from public view should be considered. B. Facades shall be designed and architecturally detailed to be compatible and complementary to other uses within the district. C. When fronting a street, windows or other openings shall be provided. 5.11 Bicycle Parking A. Applicability. Bicycle racks are required within all multi-family, mixed-use, and nonresidential developments. B. Design and Location. 1. Bicycle parking spaces shall be located to be readily visible by the public or by building users, except in the case of long-term parking spaces located in secure areas accessible only to employees, staff, or residents. 2. Racks or other spaces shall not intrude on sidewalk zones, or other pedestrian walkways or trails. 3. Bicycle parking spaces shall be accessible without climbing stairs, going up or down a slope of more than 12% and via a route on the property that is designed to minimize conflicts with motor vehicles and pedestrians. 4. All bicycle racks be located greater than 100 feet away from the subject pedestrian entrance. 5. All bicycle racks and similar installations shall be securely anchored to the ground or building structure. 5.12 Stacking Spaces A. This Sec on applies only to drive-through, drive-thru, drive-up, and similar uses. They are referred to collec vely as “drive-through” uses. B. Spaces Required. In addi on to the parking required for each use, establishments with drive-through facili es shall provide stacking spaces for each drive-through sta on as indicated by a parking study, transporta on management plan, or other approved evidence that will help to determine the appropriate spaces requirements, submi ed to the Director. C. Dimensions. Each lane of stacking spaces shall be at least 9 feet in width and at least 18 feet in length. Edges of stacking lanes shall be delineated with pavement markings. D. Bypass Lane. Drive-through restaurants shall include a bypass lane adjacent to the required stacking lane. The bypass lane shall have a minimum width of ten (10) feet and be designed to allow vehicles to circumvent or leave the stacking lane without wai ng for other queuing vehicles to exit. E. Loca on and Design. Stacking lanes shall be located on the subject property. They may not be located within required driveways or drive aisles, parking spaces or loading areas and may not interfere with access to parking and ingress and egress from the street. Stacking lanes and drive-through windows shall not be located between the principal building and the front street. F. Pedestrian Access. The principal pedestrian access to the entrance of the use from a public sidewalk shall not cross the drive-through facility stacking lane. Figure 5.11 - Stacking Space Requirements CHAPTER 6: SIGN STANDARDS 6.1 Legal Framework 6.1.1 Purpose and Intent A. The City of Stockbridge finds that signs are a proper use of private property, are a means of personal free expression, and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. It is the purpose of this article to promote public health, safety, and general welfare through reasonable, consistent, and fair sign standards. These sign regulations are not intended to censor speech or to regulate viewpoints, but to regulate, mitigate, and prevent adverse secondary effects of signs on City aesthetics, property values, and traffic and pedestrian safety. Accordingly, it is the intention of the City to establish regulations governing signs which will: 1. Balance the burgeoning growth of Stockbridge and it’s interstate highway corridors with the protection and promotion of aesthetics and property values by minimizing the potential adverse effect and visual blight which may be caused by signs; 2. Ensure that Stockbridge remains an attractive community to reside and conduct business in, it is necessary to maintain a visually satisfying environment. Unregulated or underregulated signage may have an undesirable effect upon safety, vehicle and pedestrian circulation, and the well-being of the community; 3. Promote and protect the public health, safety, and general welfare; 4. Protect the character of the City’s historic core and residential neighborhoods; 5. Enhance the economy of Stockbridge by promoting the reasonable, orderly and effective display of signs; 6. Balance the rights of persons to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs; 7. Restrict signs and lights which increase clutter or which increase the probability of traffic accidents by obstructing vision; and 8. Promote signs compatible with their surroundings. 6.1.2 Authority This Article is enacted pursuant to Article IX, Section II, Paragraph IV of the Georgia Constitution of 1983, the Charter of the City of Stockbridge, the general police powers of the City of Stockbridge and other authority provided by federal, state, or local laws applicable hereto. 6.1.3 Applicability A. These sign regulations shall be valid throughout the City limits and apply to all signs that are intended to be viewed, or which can be viewed from a public right of way, a private street, or adjacent property. Signs shall be erected, placed, established, painted, created, and maintained in accordance with the physical standards outlined in this Chapter. Sign placement and size regulations shall vary between districts. B. Some signage has a single targeted function, and identification of signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of identifying addresses, which is a benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. In addition, directional signs are used for the sole purpose of ensuring safe movement of vehicles entering and exiting property to and from public rights-of-way, private roads, and driveways. While such signage may be referenced based upon the function it serves within the context of this Chapter, the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. C. Nothing herein shall be construed to permit display of any message which is obscene, illegal or speech which is otherwise unprotected under the First Amendment of the United States Constitution. Nothing herein shall be construed to prohibit a prosecution for violation of a criminal statute by the City or other duly constituted government authority or a civil action by the City or other private person or entity. 6.2 Review and Approval 6.2.1 Procedures A. Permit. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any sign as defined in this without a permit, except as otherwise provided in this Chapter. No permit for a sign shall be issued until a sign application is submitted and deemed complete the City. B. Application. Application for permits to install signs shall be made upon forms that are provided by the City and shall contain or have attached thereto the following information prior to being considered complete: 1. Name, address, and telephone number of the applicant. 2. Address and tax map parcel number of the location of the proposed sign. 3. The proposed sign type, consistent with the regulations of this Chapter. 4. A sign location plan, to scale, depicting the precise location and dimensions of the proposed sign on the property in the context of all other existing improvements on the site. 5. Sign renderings providing the contents, specifications, and method of construction, attachment, or installation of the sign. The renderings must also provide the precise dimensions and sign area of the sign, and an indication of whether the sign will be illuminated and details of illumination, if any. 6. Name of the person or entity to physically install the sign. 7. Written consent of the owner of the building or lot upon which the sign is to be erected. 8. A written list describing all other signs located on the lot indicating the sign type, size, and placement, including photographs of existing building frontage and signage. 9. Such other information requested by the City, as may reasonably be required for the permitting of a sign. C. Expiration Date. 1. If the work authorized by issuance of a sign permit has not been initiated within 12 months of the date of permit issuance, or if such work does not comply with building code and construction standards as provided in this municipal code, the permit shall become null and void. 2. Except as otherwise provided in this Chapter, a temporary sign permit shall authorize the display of a temporary sign only for a period of 30 consecutive days from the date of issuance. In no case shall the same premises be issued a temporary sign permit more than four times in a 12 month period. Upon expiration of the temporary sign permit, the permittee shall remove the temporary sign and its supporting structure. D. Processing. 1. The City shall process all sign permit applications within ten (10) business days of the City’s actual receipt of a completed application for a sign permit. a. The Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth in this Chapter. b. The Director shall reject any application containing any materially false statements or material omissions. c. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission. 2. Within ten (10) business days of a completed application, the Director shall: a. Issue the permit upon determination that the application fully complies with the provisions of this Chapter, building codes adopted by the City, and all other applicable laws, regulations, and ordinances of the City; or b. Inform the applicant, in writing, of denial of the permit, stating the reasons why the permit cannot be issued. 3. If the City does not process an application for a sign permit within 10 days as set forth in this article, then the application shall be considered approved; provided this approval shall not authorize the violation of any standards of the UDC regulating such sign and vests no rights in the owner of a sign erected or constructed in violation of the UDC. Any such sign in violation of the UDC shall be treated identically to a sign affirmatively approved in error by the City, vesting no rights in the sign and subject to revocation of the permit by the City under the provisions of this Chapter. 4. Should it be determined that a sign permit was issued pursuant to an application containing a material false statement, the Director shall revoke the subject sign permit in accordance with Chapter 12, Violations, Penalties, and Enforcement and the subject sign shall be removed. 5. The approval or denial of a sign permit by City staff may be appealed to the City Council pursuant to Chapter 11, Variances and Appeals. E. Fees. No permit shall be deemed complete, and no sign permit shall be issued until the appropriate application fees, as established by the adopted fee schedule, have been paid. 6.2.2 Construc on and Maintenance A. All signs, together with all their supports, braces, guides, and anchors shall be kept in constant good repair and, unless constructed of galvanized or non-corroding metal, shall periodically be given an appropriate protective coating. The area surrounding the base of all signs shall be maintained free of high weeds and debris. B. The City may periodically inspect signs to determine compliance. C. The permittee shall remove discarded or unusable paper, sign faces, parts and debris from the sign or sign structure. D. No permittee shall allow sign(s) to fall into disrepair. On first class mail written notice from the City to the sign owner and property owner, any sign which is in disrepair or vandalized shall be repaired or removed. The City shall include in the written notice a time limit for compliance of up to 30 consecutive days. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 11, Variances and Appeals. E. Abandoned Signs. On first class mail written notice from the City to the sign owner and property owner, any sign associated with a business which has ceased operations for 60 consecutive days shall be removed. The City shall include in the written notice a time limit for compliance of up to 30 consecutive days. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 11, Variances and Appeals. 6.3 Administra on and Enforcement 6.3.1 Responsibili es A. Responsible for Administration. This Chapter shall be administered and enforced by the Director or their designee, who is also responsible for administering the receipt, review, and processing of all applications for sign permits; and all sign application requests filed with the City of Stockbridge. B. Responsible for Compliance. Responsibility for compliance with this Chapter rests upon the sign owner, the permit holder, any and all parties holding the present right of possession and control of the property whereon the sign located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control of the lot or parcel. 6.4 General Regula ons 6.4.1 Generally A. All signs shall be in compliance with the provisions of this article, the Standard Building Code, the UDC, and the National Electric Codes as adopted. B. All signs shall be placed on private property, except signs erected on public property by an authorized governmental unit. C. No sign shall be attached to or painted on a telephone pole or power pole, or any tree, rock or other natural object. D. Any sign allowed under this article may contain any message except that such messages shall not be obscene, as defined by the courts. E. For the purposes of determining the number of signs, ground signs shall be equal to the number of sign structures. All other non-ground signs shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in random manner without organized relationship of elements, each such element shall be considered to be a single sign. F. No sign or sign structure (above a height of three (3) feet) shall be maintained within 15 feet of the intersection of the extended right-of-way lines of two streets, of an intersection of a street right-of-way with a railroad right-of-way, or otherwise placed in a location that limits sight distance. G. No sign or sign structure may be erected or maintained which obstructs any fire escape, window, ventilation, door or hydrant; nor shall any sign or sign structure be attached to a fire escape. H. All signs located adjacent to or above a sidewalk or multi-use path shall maintain a minimum eight (8) foot clearance below. All such signs shall maintain at least one (1) foot of horizontal separation from the edge of the sidewalk or multi-use path they overhang. I. Construction Near or on a Lot Containing an Existing Billboard or Pylon. Construction of any structure, building, or appurtenance adjacent to, or on a lot containing an interstate sign, billboard, or pylon sign under the standards of this provision shall require that: 1. No buildings, structures, appurtenances, or new signs may be constructed within the "fall zone" of such sign. A "fall zone" is defined as an area equal to 133% of the height of the sign in every direction. 2. No subdivision of a parcel containing a interstate, billboard, or pylon sign shall be permitted unless the subdivided lot containing the sign is large enough to encompass the "fall zone" of such sign. 6.4.2 Prohibited Signs A. The following types of signs are prohibited in all zoning districts of the City: 1. Abandoned Signs. 2. Animated signs that incorporate frequent flashing, action, motion, or significant changes in color or light intensity. 3. Aerial view signs. 4. Dilapidated Signs. 5. Flashing Signs. Signs installed for safety or control of traffic are exempt from this provision so long as they meet all physical and other standards of the Manual on Uniform Traffic Control Devices. 6. Inflatable signs. 7. Mobile signs. 8. Pole or pylon signs. 9. Roof signs. 10. Signs imitating public warning or traffic control devices. Any sign that displays intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles, and any sign that may confuse a driver to believe such a sign to be an official public warning or traffic control device is prohibited. Any sign that uses the dimensional shape, size, colors of, or otherwise substantially imitates a public warning sign or traffic control device is prohibited. 11. Signs or sign support structures that obstruct any fire escape, window, door, stairway, exit, utility access or opening usable for fire prevention, suppression, or connection. No sign shall interfere with any opening required for ventilation. 12. Signs illuminated using neon. 13. Signs that feature beacons, search lights, or lasers. 14. Signs attached to or supported by any trees, utility pole, or similar vegetative or utility feature. 15. Snipe signs. 16. Any other type of sign not permitted or regulated by this Chapter. 6.4.3 Signs Exempt from Permit Requirements A. The following signs are exempt from the permitting requirements of Section 6.2, Review and Approval, provided; however, that such sign shall be subject to all other provisions of this Chapter: 1. Wall signs, window signs, and door signs, not to exceed one (1) square foot in area nor three (3) of each sign type per property. 2. Temporary signs, not to exceed four (4) square feet in area, nor two (2) per property. 3. Hand-held signs. 4. Flags. 5. Informational signs, not to exceed two (2) per property, except that parcels containing more than one licensed business may contain up to four (4) standard informational signs. 6. Markers placed over grave sites. 7. Temporary decorations or displays celebrating the occasion of traditionally accepted patriotic, ethnic, or religious holidays, as well as national, state, and City holidays, from one month prior to the commencement of the holiday until two weeks following its completion. 8. Property Address Signs. 9. Signs located completely inside an enclosed space. 10. Signs on products that are an integral part of the product, the product’s packaging, and product dispensers (such as but not limited to a soft drink machine). 11. Signs protected by federal law. 12. Signs protected by state law. 13. Traffic Control Devices and Signs defined by the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways. B. No sign permit shall be required to change the message or copy of a changeable copy sign, provided the business or entity associated with the sign remains the same. 6.5 Illumina on 6.5.1 Permi ed Illumina on A. Illumination of a sign is optional. B. Except as authorized in this Chapter, any flashing, blinking, reflective, animated, or rotating lights, or signs with intermittent or varying intensity of artificial illumination whether deliberate or as a consequence of a defect in the sign or illumination source shall be prohibited for any and all signs. C. All light sources shall be shielded to prevent illumination spillover onto properties or adjacent roadways except where the light source is located or permitted under a sign plan. Signs and related fixtures shall be International Dark Skies Association Standards compliant and full cut off. D. No internally illuminated sign shall exceed 20 foot-candles of incandescent light at any point greater than ten (10) feet from the subject sign structure. E. Signs which are externally illuminated shall be lighted so that no lights are positioned in such a manner that light glares or shines into the eyes of nearby motorists or travelers so as to create a hazardous or dangerous condition. F. Nonresidential and Mixed-Use. Signs in nonresidential and mixed-use zoning districts shall satisfy the following illumination requirements: 1. No sign shall be illuminated by neon lights, by lights that flash, move, change in intensity, or turn on intermittently several times per day, except for sign areas limited to a maximum of two (2) square feet per sign which may change no more than once per minute. 2. To prevent glare visible from adjoining streets or properties, the beam of any light shall be directed so as not to be visible beyond the sign at which it is directed, and the light source shall not be visible from any point on an adjacent property or the public right-of-way. 3. Light from any illuminated sign shall not be more than 0.5 foot-candles at any boundary of the property on which the sign is placed, and must not interfere with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent properties. G. Residential. Signs located in a residential district shall not be illuminated other than signs erected at the entrance of the subdivision or other common residential development. 6.5.2 U.L. Types All components of an illuminated sign shall be Underwriters Laboratories, Inc. (U.L.) listed, or the equivalent thereof, with an identification label that clearly shows the manufacturer of the sign. 6.5.3 Changeable Copy A. Changeable Copy are allowed for monument signs for uses listed under Section 6.6.2, Non-Residential Land Uses only. The sign structure on which the Changeable Copy face is used is required to comply with Section 6.7.3, Monument Signs. B. Changeable Copy portions of authorized monument signs are limited to 12 square feet of the total allowable sign area. C. No parcel shall contain greater than one (1) changeable copy sign. D. Changeable copy signs must contain static messages only and shall not have movement nor flashing on any part of the sign structure, design, or pictorial segment of the sign, nor shall such sign have varying light intensity during the display of any single message. E. Changeable copy shall not change more than once every 24 hours. F. Installer Certification. Prior to the issuance of a sign permit, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set to not exceed 0.3 footcandles over ambient lighting conditions when measured at the measurement distance provided in this section and that the intensity level is protected from end-use manipulation by password protected software or other method deemed appropriate by the City. G. All signs shall contain a mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions. 6.6 Authorized Signs by Land Use 6.6.1 Residen al Land Uses A. Only the following types of signs are allowed for residential land uses (e.g., single family, townhome, and multi-family developments, including the multi-family buildings in mixed use developments, and those portions of residential uses constructed over commercial ground floor uses): 1. Monument signs limited to one per subdivision/development entrance. Monument signs may not exceed 32 square feet of sign area and six (6) feet in height. 2. Window and Door Signs. Window and door signs may not exceed four (4) square feet of sign area and shall be limited to a maximum of two (2) per lot or unit. 3. Property address signs. 4. Flags. 5. Temporary Signs. Temporary signs may not exceed 16 square feet of sign area and shall be limited to a maximum of four (4) per lot. B. The total of all signs shall not exceed four (4) signs of any allowed type where a single residence is on the lot. 6.6.2 Non-Residen al Land Uses All sign types identified in this UDC are permitted for commercial, office, mixed use, industrial, or civic/institutional uses in accordance with the provisions of this Chapter. 6.7 Permanent Signs 6.7.1 Generally A. All signs shall be required to be located within the required front yard of a principal structure and shall not be permitted to extend beyond the front property line into the street right-of-way. 6.7.2 Measurement of Sign Area A. Area. 1. The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign area from the structure upon which it is placed. Figure 6.7.2.A.1 - Sign Area 2. If polygons established around wall signs located on the same street-oriented wall are within 24 inches or less of one another, then the area of the sign shall be measured within one (1) continuous polygon. Figure 6.7.2.A.2 - Contiguous Polygon B. Height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: 1. Existing grade prior to construction; or 2. The newly established grade after construction, exclusive of any filling, beaming, mounding, or excavating solely for the purpose of locating the sign. 1. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoned lot, whichever is greater (surveyor's certificate required). Where the normal grade is below the normal grade of a public street, the sign base can be raised to the elevation of the normal grade of the street before the height limitations are applied (surveyor's certificate required). At no time shall any sign's overall height exceed the zoning district's height limitations. Any portion of such wall or other decorative structure that is discernibly devoted to the support of the sign or, by its design or architectural treatment, intended to provide a background or frame for the sign shall be included when computing sign height. Figure 6.7.2.B - Sign Height C. Structure. The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. D. Multi-Faced Signs. For multi-faced signs, when the sign face surfaces are parallel and are back-to-back, or where the interior angle formed by the faces is 45 degrees or less, the area of the sign shall be taken as the area on the largest side. For all other multifaced signs, the area of the sign shall be the total area on all sides that can be viewed at one (1) time from any angle. Figure 6.7.2.D - Multi-Faced Signs 6.7.3 Monument Signs A. Summary. Table 6.7.3.A – Monument Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.3 Monument Signs, the detailed regulations shall control. Table 6.7.3.A – Monument Sign Regulations Summary Sign Type Sign Area Height Quantity Illumination Monument 80 SF 8 FT 1 per lot; 1 additional for Internal, property of at least 1 acre External in size B. All Monument Signs are subject to the following restrictions: 1. A monument sign shall have a three-foot landscaped area maintained at its base, which may be composed of shrubs, hedges, grass, mulch or similar ground cover. 2. One (1) monument sign is permitted per lot. 3. One (1) additional monument sign is permitted for any lot of at least one (1) acre in size. If one of the street frontages is on a street serving a residential strict, a second sign shall be prohibited. 4. Street address numbers shall be posted on each face of all monument signs intended to be viewed from a public road. For monument signs that serve multiple addresses, the range of addresses and/or building numbers shall be on the face of the monument. The street address numbers shall be accurate and measure at least six (6) inches in height. 5. No entrance sign shall be placed in the median, or between any travel lanes, of a public or private roadway or access drive. 6. Sign Area and Height. Monument signs shall not exceed 64 square feet per sign face and a heigh of eight (8) feet. 7. Location. Monument Signs shall be located a minimum of five (5) feet from the right-of-way and ten (10) feet from electrical transmission lines. Any signs not located adjacent to a street shall be setback a minimum of five (5) feet from property lines. 8. Illumination. All Monument Signs may be externally illuminated. Monument Signs for uses listed under Section 6.6.2, Non-Residential Land Uses only may be internally illuminated. 9. Materials. Monument Signs shall be constructed with a solid brick, stone, stucco, and/or architecturally masonry base. The base of the sign shall be at least wide as the sign face. 6.7.4 Building Signs A. Building Signs include wall, projecting, and awning sign types. Regulations apply to all building sign types when referred to as Building Signs. B. Summary. Table 6.7.4.B, Building Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.4, Building Signs, the detailed regulations shall control. Table 6.7.4.B – Building Sign Regulations Summary Sign Type Sign Area Wall 10% of wall face or 100 SF, whichever is less Projecting 24 SF Awning/Canopy 10% of awning or canopy space Quantity 1 per tenant, per street frontage C. All Building Signs are subject to the following restrictions: 1. Method of Attachment. a. All signs shall be constructed and erected to withstand a horizontal wind load of 30 pounds per square foot in any direction together with the dead load of the construction. b. Signs shall be attached in a manner that allows for their removal without adversely impacting the exterior of the subject building. c. The visibility of conduit and raceways associated with a sign shall be minimized; however, if raceways must be exposed, they should be finished to match the facade or integrated into the overall design of the sign D. Wall Signs. 1. Method of Attachment. a. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached. b. 2. Quantity. a. One (1) wall sign is permitted per tenant or street frontage. b. Businesses without a street on which there is frontage, but which have exterior entrances to the building, are entitled to one (1) wall sign on the exterior wall of the business where the primary entrance is located. c. For corner lots, a second wall sign may be permitted facing the side street. d. End units of buildings on any lot may also have a second wall sign on the side of the building 3. Sign Area. Individual Wall Sign area shall not exceed 10% of any individual Wall Face or 100 square feet, whichever is less E. Projecting Signs. 1. Method of Attachment. a. All projecting signs must be installed at a 90 degree angle to the building façade on which they are mounted. 2. Projection from Wall. a. No portion of a projecting sign may extend over parking spaces, drive aisles, or public rights-of-way. b. No projecting sign may project more than eight (8) feet from façade of the building which supports it. c. No projecting sign shall have a maximum height higher than the building which supports it. 3. Sign Area. Projecting Sign area shall not exceed 24 square feet per sign face. 4. Quantity. One (1) projecting sign is permitted per tenant or street frontage. F. Awning/Canopy Signs. 1. Method of Attachment. Signs must be painted or installed directly on the valances of the awning or canopy. 2. Projection from Wall. Awnings or canopy signs must vertically clear sidewalks by at least eight (8) feet and may not extend further than one (1) foot off the curb line. 3. Sign Area. The sign area of any canopy or awning sign shall not exceed 10% of the surface area of the subject canopy or awning. 4. Quantity. One (1) awning or canopy sign is permitted per tenant or street frontage. 5. Illumination. Awning or canopy signs may be internally illuminated. 6. Materials. Signs must be of durable fabric or non-rigid material on a supporting framework. 6.7.5 Other Signs A. Summary. Table 6.7.5.A – Other Permanent Sign Regulations Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.7.5, Other Signs, the detailed regulations shall control. Table 6.7.5.A – Other Permanent Sign Regulations Summary Sign Type Sign Area Height Quantity Window 25% of window or door N/A 3 per tenant area Hand-Held N/A N/A N/A Signs Flags 24 SF 20 FT if ground 3 flags per lot mounted B. Property Owner Responsibility. The property owner is responsible for installing, repairing, and maintaining signs in accordance with the requirements and regulations of this article. Signs found to be non-compliant may be subject to enforcement procedures and/or penalties as provided in this UDC. C. Window Signs. 1. Sign Area. Window signs must not exceed 25% of the area of the subject window or transparent door area. 2. Quantity. a. There shall be a maximum of four (4) internal signs adjacent to internal road(s) serving the development. D. Hand-Held Signs. 1. Any person supporting a hand-held sign shall remain no less than ten (10) feet away from any building, occupiable structure, street, driveway, or drive-aisle, and shall not handle the sign in a manner that may interfere with vehicular or pedestrian traffic. E. Flags. 1. Generally. a. No flag shall be installed in a manner as to impede vehicular or pedestrian traffic, nor obstruct any public road, sidewalk, or multi-use trail. b. Nothing contained in this Section shall be interpreted to prohibit or restrict the right to display eligible flags as banners or signs as otherwise provided by local, state, or federal codes or regulations. 2. Sign Area. The flag shall not exceed 24 square feet. 3. Quantity. No greater than three (3) flags may be displayed on any property, except that any flags that are not reasonably visible from any nearby public or private roadways shall not be considered as contributing to the maximum number of flags permitted. 4. Regulations for Flagpoles. a. In-ground pole. A flag may be flown from a metal or wood pole which is permanently placed in the ground. The pole shall not exceed two and five-eighths (2⅝) inches in diameter, nor 20 feet in height. b. Attached pole. A flag may be flown from a metal or wooden pole attached to a bracket projecting from the side of a building or door frame. The pole shall not exceed six (6) feet in length, nor one (1) inch in diameter. 6.8 Temporary Signs 6.8.1 General Regula ons A. Temporary Signs shall adhere to the following general requirements, unless otherwise specified: 1. No parcel of land may host more than two (2) temporary signs at the same time. 2. No property shall be the recipient of more than four (4) temporary sign permits per calendar year. 3. No ground-mounted temporary sign shall exceed a height of eight (8) feet. 4. All temporary signs shall be located a minimum of five (5) feet from the right-ofway and ten (10) feet from electrical transmission lines. Any signs not located adjacent to a street shall be setback a minimum of five (5) feet from property lines. 5. All temporary signs shall be securely installed and satisfy all applicable life safety and building codes adopted by the City. 6. Permitting. A permit is required for all temporary signs unless otherwise specified in this Chapter. 6.8.2 Summary A. Table 6.8.2.A – Temporary Signs Summary is provided for the convenience of the applicant and reader. In the event there is a conflict between this table and detailed regulations in Section 6.4, General Regulations, the detailed regulations shall control. Table 6.8 .2.A– Temporary Signs Summary Sign Type Temporary Sign Area Height 32 SF 8 FT if ground mounted Quantity 2 per tenant 6.9 Requirements for Master Sign Plans 6.9.1 General Regula ons A. The intent of a master sign plan is to promote consistency among signs within a development and enhance the compatibility of signs with the architectural and site design features within a development. B. The Director may authorize a multi-jurisdictional master sign plan for a development that is situated within the City of Stockbridge and one (1) or more other municipalities or the unincorporated area of Henry County. C. All signs that are erected or maintained shall conform at all times to the approved master sign plan. D. The signs which are approved through the master sign plan are the only signs that are allowed; any deviations from an approved master sign plan shall be unlawful unless and until a revised master sign plan is approved. 6.9.2 Applica on A. An applica on for a master sign plan shall be made upon forms that are provided by the City. The applica on shall describe and set forth the following and any addi onal informa on per nent to the applica on as may be requested by the City to determine compliance: 1. All information as outline in Section 6.2, Review and Approval; 2. An accurate indication of the location of each present and proposed future sign of any type, whether requiring a permit or not; and 3. Computation of the maximum total sign area per proposed building. 6.9.3 Processing A. The City shall process all master sign plan applications within ten (10) business days of the City’s actual receipt of a completed master sign plan application. 1. The Director shall reject any application as incomplete that does not include all items required for a sign permit application as set forth in this Chapter. 2. The Director shall reject any application containing any materially false statements or material omissions. 3. Any rejected application later resubmitted shall be deemed to have been resubmitted on the date of resubmission instead of the original date of submission. B. Within ten (10) business days of a completed application, the Director shall: 1. Approve the application upon determination that the application fully complies with the provisions of this Section; or 2. Inform the applicant, in writing, of denial of the application, stating the reasons why the application cannot be approved. C. As part of the review, the Director may grant the following: 1. One (1) additional monument sign; or 2. Two (2) single-faced monument signs in lieu of the allowed monument sign; or 3. Deviations from general standards for multi-jurisdictional master sign plans. 6.9.4 Amendments A. A master sign plan may be amended by filing a new master sign plan applica on in accordance with Sec on 6.9, Requirements for Master Sign Plans. 6.10 Landmark Signs 6.10.1 General Regula ons A. Landmark signs shall be controlled by the contents of this Section when any conflict arises with the provisions of other contents of this Chapter or this UDC. B. A landmark sign may only be designated as such by the Mayor and City Council. 6.10.2 Procedures A. Applica on. An applica on for a landmark sign shall be made upon forms that are provided by the City. The applica on shall describe and set forth the following and any addi onal informa on per nent to the applica on as may be requested by the City to determine compliance: 1. A site A site plan, to scale, demonstra ng all exis ng improvements upon the property and the precise loca on of the subject sign; 2. A narra ve statement describing how the subject sign has historical or cultural significance due to a combina on of its physical features and period reference based on construc on type, ligh ng method, style, materials, technology, shape, or art; 3. Addi onal informa on as requested by the Director or their designee for the landmark sign designa on process; 4. All fees associated with a review must be paid in full before any applica on will be processed or reviewed. B. Processing. 1. Completeness Determination. Applications will be submitted to the Director and checked for completeness. An application is determined to be complete if all required information and documents have been prepared in accordance with the specific application requirements outlined in this Section and noted in the application materials. 2. Complete Application. Once an application has been deemed to be complete, the Director shall transmit the application to the appropriate reviewing body for review and recommendation. The Director shall notify the applicant that the application is complete. 3. Effect of Incomplete Application. Incomplete applications will not be accepted for review. If an application is determined incomplete, the applicant shall be notified of the additional information that is required to process and review the application. C. Action by the Mayor and City Council. 1. Consideration by the Mayor and City Council. All rezoning applications shall be considered by the Mayor and City Council at a public meeting. 2. Standards and Criteria. The Mayor and City Council shall review and make recommendations on the proposed landmark sign application based upon the standards in Section 6.10.3, Review Standards for a Landmark Sign. 3. Actions by the Mayor and City Council. Following the public meeting, the Mayor and City Council shall take one of the following actions: a. Approve; b. Approved with conditions; or c. Denied. 6.10.3 Review Standards for a Landmark Sign A. When reviewing an application for a landmark sign, all the criteria listed below shall be considered 1. The subject property does not contain greater than one (1) other landmark sign; 2. The subject sign does not measure greater than 150 square feet in sign area; 3. The subject sign does not cause a hazard to public safety or nearby travelers; 4. The subject sign was completely installed no less than 20 years prior to the intended date of designation; or 5. The subject sign has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art. 6.10.4 Revoca on A. Following the designation of a landmark sign, the subject sign shall retain this designation indefinitely. The Mayor and City Council may revoke landmark sign designation if one or more of the following occurs: A. The subject sign is removed or relocated from the position it was in at the time of designation, except for minor positioning adjustments necessitated by factors such as utility work or building or structure maintenance or repair; or B. The subject sign has been substantially altered in a way that eliminates its historic or culturally significant character. B. Replacement of lighting, electrical, structural, and mechanical components with modern equivalents shall not be considered a substantial alteration in and of itself. 6.11 Variances Mayor and City Council are authorized to grant variances from this Chapter pursuant to the procedures and requirements of Chapter 11, Variances and Appeals. 6.12 Nonconforming Signs A. The following provisions shall apply to signs which, on the effective date of this Chapter, were approved and legally erected under previous sign restrictions and which became nonconforming with respect to amendments to the text of this Chapter adopted after sign approval: 1. A nonconforming sign shall not be altered except in compliance with the provisions of this Chapter. 2. Minor repairs and maintenance to non-conforming signs, such as the repair or replacement of paint or electrical components, shall be permitted as long as no repair exceeds 50% of the value of the sign as determined by the City. 3. A nonconforming sign shall not be replaced by another sign except for one which complies with the requirements of this Chapter. B. The message or face of changeable sign areas on nonconforming signs shall be permitted. C. Lawfully nonconforming signs must be removed from a site when any of the following conditions occur: 1. 90 days after a business is closed, if no new business is operating inside the same building or tenant space, non-conforming signs must be removed. 2. The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt. 3. The sign has been damaged or destroyed to such extent that more than minor repairs (greater than 50% of the replacement cost of the existing sign) or a structural change is required to restore the sign. CHAPTER 7: NONCONFORMING STANDARDS 7.1 Purpose and Intent A. Within the districts established by the City of Stockbridge UDC, and in other provisions and amendments thereto, there exist lots of record, uses of property, structures, buildings, and other improvements and features that were lawfully established prior to the adop on or amendment of this Code, but that would be prohibited under its current terms or future amendment. They are collec vely referred to herein as “nonconforming situa ons.” B. The intent of this sec on is to allow such nonconformi es to con nue un l they are removed or discon nued, while protec ng the public health, safety, and welfare. This sec on is not intended to facilitate their enlargement or expansion, nor be used as grounds for crea ng lots or adding structures or uses prohibited in a par cular zoning district. 7.2 Determina on of Lawful Nonconforming Situa ons A. Nonconforming lots of record are lots which have an area, frontage, or other characteris c that does not conform to the requirements of the underlying zoning district and/or the broader Code. In the circumstance that land is taken from a lot of record for public purposes, such as eminent domain, and causes the lot to become substandard, it shall be considered a lawful nonconforming lot of record if it otherwise meets the defini on of a lot of record. B. Nonconforming uses of property are land uses, whether primary or accessory, which do not conform to the land use requirements of the underlying zoning district. C. Nonconforming structures and buildings are those which do not sa sfy the underlying area, dimensional, architectural, or height requirements of the underlying zoning district and/or the broader Code. D. Nonconforming improvements and features are site elements which do not conform to the current setback, dimensional, lot coverage, or yard posi oning requirements of the underlying zoning district and/or the broader Code. E. The burden of proving a nonconforming situa on was lawfully established is that of the subject property owner. A preponderance of evidence shall be provided by the subject property owner to prove lawful establishment of the nonconforming situa on, and also to indicate its con nuity, meaning documented, ongoing use or opera on without interrup on for a period exceeding that allowed lapse under this UDC. 1. Con nuity shall be evaluated on the basis of objec ve, verifiable documenta on showing that the nonconforming use or structure remained ac ve, occupied, maintained, or otherwise in opera on during the relevant period. Examples of acceptable documenta on may include building permits, cer ficates of occupancy, aerial imagery, tax records, u lity records, or other similar records that substan ate con nuous ac vity. 2. The Community Development Director shall determine whether adequate proof of nonconforming status and con nuity has been provided for a given situa on. 7.3 Nonconforming Lots of Record A. An undeveloped, nonconforming lot of record shall be developed pursuant to any City approved recorded plats or condi ons of zoning. In the case these are not applicable, the lot may be developed pursuant to the requirements of the underlying zoning district. B. Two (2) or more abu ng nonconforming lots of record may be combined into a single lot, provided the resultant lot meets all applicable dimensional standards of the underlying zoning district. C. A lawful structure or building upon a nonconforming lot of record shall be allowed to con nue in its current condi on, and may be expanded or altered, to become compliant, pursuant to the requirements of the underlying zoning district. D. Nothing in this chapter shall be construed as to prevent the rou ne maintenance and care of any exis ng building or structure upon a nonconforming lot of record, nor to confer any variance, excep on, or waiver upon a site. 7.4 Nonconforming Buildings and Structures A. Nothing in this sec on shall be construed to prevent the ordinary and rou ne maintenance and repair of nonconforming buildings or structures, provided all of the following circumstances exist: 1. Repairs do not exceed 25% of the value of the nonconforming building or structure as it existed immediately before the repair. 2. Neither the floor area nor the footprint of the subject building or structure is increased. 3. The Community Development Director may approve minor devia ons from dimensional standards when necessary to accommodate rou ne maintenance or repair, provided that: a. The devia on does not increase the degree of nonconformity; and b. The devia on does not exceed five percent (5%) of the applicable dimensional standard. B. Any building or structure damaged by any means to an extent more than 50% of its value, as assessed immediately before the me of damage, shall no longer be considered a lawfully nonconforming building or structure. C. Any building or structure damaged by any means to an extent less than 50% of its value immediately before the me of damage may be repaired or rebuilt to that state, provided that restora on efforts shall commence within eight (8) months from the first day the damage occurred. 1. Repairs and rebuilding of a nonconforming building or structure that commences more than eight (8) months a er the first day of damage shall cause the subject building or structure to conform to the requirements of this UDC. D. The altera on, expansion, or modifica on of any lawfully nonconforming building or structure that is occurring for reasons unrelated to damage shall be prohibited unless said altera on, expansion, or modifica on would bring the subject building or structure into full compliance with the requirements of this UDC. E. Any nonconforming building or structure relocated any distance for any reason shall be brought into compliance with the standards of the underlying zoning district to which it is relocated. 7.5 Nonconforming Uses of Property A. A lawfully established land use that becomes nonconforming upon or a er the effec ve date of this UDC may con nue to func on in accordance with all of the following requirements: 1. The subject site, and subsequent improvements thereon, shall remain otherwise lawful. 2. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land or floor area than was occupied prior to the date of adop on or amendment of the UDC making such use nonconforming. 3. Unless otherwise specifically authorized, no nonconforming use of land shall be moved, enlarged, or extended, in whole or in part, onto any por on of the lot or parcel other than that por on occupied by such use prior to the date of adop on or amendment of the UDC making such use nonconforming. 4. The discon nuance of a nonconforming land use, regardless of reason or cause, for greater than six (6) months shall cause the subject nonconforming land use to lose its lawful status. Any subsequent use of the land shall comply with the requirements of the underling zoning district. 7.6 Nonconforming Improvements and Features A. Nonconforming improvements and features are site elements that generally cannot be occupied and are secondary to the main building upon the subject property. These objects include, but are not limited to, the following: 1. Fences, walls, and gates. 2. Dumpsters and dumpster enclosures. 3. Vehicle parking areas. 4. Driveways and access provisions. 5. Exterior site ligh ng equipment. 6. Swimming pools. 7. Sidewalks, mul -use paths, or trails. B. No change to any nonconforming site improvement or feature shall be made which increases the degree of nonconformity with the requirements of this UDC; however, changes may be made which result in the same or a lesser extent of nonconformity. C. Any addi on to buildings or structures on the site or reconstruc on of buildings or structures on the site occur, any exis ng nonconforming improvements or features shall no longer be considered a lawfully nonconforming improvement or feature. D. Any improvement or feature damaged by any means to an extent more than 50% of its value, as assessed immediately before the me of damage, shall no longer be considered a lawfully nonconforming improvement or feature. E. Any improvement or feature damaged by any means to an extent less than 50% of its value immediately before the me of damage may be repaired or rebuilt to that state, provided that restora on efforts shall commence within eight (8) months from the first day the damage occurred. 1. Repairs and rebuilding of a nonconforming improvement or feature that commences more than eight (8) months a er the first day of damage shall cause the subject building or structure to conform to the requirements of this UDC. F. In cases where land is taken for public purposes in such a manner as to reduce exis ng off-street parking or effec vely cause an improvement or feature to be closer to a property line, the deficiency thus created shall be construed as lawfully nonconforming. G. Nonconforming signage and sign structures, and any proposed improvements to such sign structures, shall be governed by Chapter 6, Sign Standards, unless otherwise specified in this Ordinance. 7.7 Termina on of Detrimental Nonconforming Situa ons A. Fences, walls, and vegeta on that cons tute a hazard by virtue of impairing sight distances at a curve or intersec on shall be made conforming to this UDC or removed within 60 calendar days of no ce by the City. Such no ce shall follow the procedures found in Ar cle 12, Viola ons, Penal es, and Enforcement. 7.8 Nonconforming Manufactured Homes A. A manufactured home that was lawfully installed may be replaced with a new manufactured home, provided the replacement manufactured home is installed on the subject site within 12 months of the date of removal of the exis ng unit. 1. The replacement manufactured home shall meet all applicable health and safety standards and be completed in accordance with O.C.G.A § 36-66-7 et seq. 2. In addi on to the requirements above, the replacement manufactured home shall comply with all applicable installa on requirements contained elsewhere in this UDC. CHAPTER 8: REVIEW BODES AND ADMINISTRATORS 8.1 Review Bodies 8.1.1 Purpose The purpose of this chapter is to establish the authority for review and considera on of certain applica ons and other proposed ac ons, and to assign authority to the following review bodies: A. Planning Commission B. Historic Preserva on Commission C. Governing Body D. All Review Bodes shall: 1. Act in a manner consistent with the City of Stockbridge Comprehensive Plan, Unified Development Code, City Code of Ordinances, Parks Master Plan, Trails Plan, adopted small area plans, to include LCIs and Strategic Plans, and other officially adopted plans and studies. 2. Consider impacts on community character, aesthe cs, and sense of place, including signage, gateways, and public realm features, when making recommenda ons. 3. Support phased implementa on of adopted plan goals and ac on items, including monitoring progress and recommending amendments as needed. 8.2 Planning Commission 8.2.1 Crea on The City of Stockbridge Planning Commission is hereby established and shall be referred to hereina er as the Planning Commission. 8.2.2 Membership A. All members of the Planning Commission shall be appointed by the Mayor and City Council. The number of members of each body, and the qualifica ons of such members are specified in the provisions of this Chapter with respect to such body. B. Qualifica ons. In order to be qualified, all members shall complete training for Planning Commission members and shall receive a cer ficate of comple on from the Atlanta Regional Commission, the Carl Vinson Ins tute, or another organiza on recognized by the State of Georgia or the City within one (1) year of appointment. Failure to complete required training within the specified meframe may cons tute grounds for removal. C. Applica on Disclosure and Membership Restric ons. 1. Applicants for appointment to the Planning Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board. 2. No member of the Planning Commission may be a City of Stockbridge employee, hold any elected or appointed City office, or serve the City in any other compensated or uncompensated capacity during their term of service on the Planning Commission. D. Composi on. 1. The Planning Commission shall be composed of six (6) qualified members. 2. The Community Development Director or their designee shall serve as ex officio, non-vo ng staff liaison to the Planning Commission. E. Term of Office. All members shall be appointed for a term of four (4) years; provided however, that in the ini al appointment, approximately one-half of the members shall be appointed for a term of two (2) years. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. F. Compensa on. Each member shall be compensated in a manner prescribed by the Mayor and City Council. 8.2.3 Officers A. The Planning Commission shall elect one (1) of its appointed members as chair. The chair shall serve for one (1) year or un l re-elected or a successor is elected. B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or un l re-elected or a successor is elected. C. The Community Development Director shall appoint a designated employee from the department to serve as the secretary of the Planning Commission. 8.2.4 Mee ngs and Rules of Procedure A. Mee ngs. 1. Regular Mee ngs. The Planning Commission shall meet on the third Thursday of each month at 6:30 p.m., or as established by the Planning Commission due to holidays and unforeseen circumstances. Mee ngs may be held in person, virtually, or in a hybrid format as permi ed by state law and City policy, provided public access and par cipa on are maintained. 2. Special Mee ngs. Special mee ngs may be called by the Chair of the Planning Commission or a majority of the members of the Planning Commission. B. Minutes and Public Records. The secretary of the Planning Commission shall keep minutes of its proceedings, recording the presence or absence of members and the vote of each member. C. Mee ngs and Hearing to the Public. All mee ngs and hearings of the Planning Commission shall be open to the public. D. Public No ce. Public no ce of Planning Commission mee ngs shall be provided as required for each applica on type as provided in Chapter 10, Public Hearing Applica on, Review Procedures. E. Quorum. Four (4) of the appointed members shall cons tute a quorum for the transac on of business. All rules, policies and procedures governing the Planning Commission shall be hereina er governed by this requirement. F. Considera on of Applica ons and Other Ac ons. The Planning Commission may take ac on or make a decision or other determina on by majority vote of the quorum present at the mee ng. Both the Chair and Vice Chair, when in a endance, are authorized to vote on the decision. G. Appeal. The City Clerk shall be authorized to accept service for any appeal. 8.2.5 Rules and Opera ng Procedures A. The Planning Commission shall follow any by-laws and rules for the transac on of business adopted by the Mayor and City Council. B. The Planning Commission shall maintain a record of its resolu ons, transac ons, findings, and determina ons, which record shall be public record. 8.2.6 Powers and Du es The Mayor and City Council hereby create the Planning Commission with the following powers and du es: A. General Authority. 1. The Planning Commission shall perform du es as directed by the governing body. 2. The Planning Commission may exercise addi onal powers as may be described elsewhere in this UDC, as applicable. B. Review Authority. With respect to this UDC, the Planning Commission shall review and make recommenda ons to the Mayor and City Council regarding: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifica ons to condi ons placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adop on or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Final Authority. With respect to this UDC, the Planning Commission shall be an advisory board only. 8.3 Historic Preserva on Commission 8.3.1 Crea on The City of Stockbridge Historic Preserva on Commission is hereby established and shall be referred to hereina er as the Historic Preserva on Commission. 8.3.2 Membership A. All members of the Historic Preserva on Commission shall be appointed by the Mayor and City Council. The number of members of each body, and the qualifica ons of such members are specified in the provisions of this Chapter with respect to such body. B. Qualifica ons. 1. The Historic Preserva on Commission membership shall include, unless otherwise approved by the Mayor and City Council, at least three (3) individuals with disciplines in architecture, history, architectural history, planning, archaeology, and related professions. 2. In order to be qualified, all members shall be residents of the City and individuals who have demonstrated special interest, experience, or educa on in history, architecture, or the preserva on of historic resources. C. Disclosure. Applicants for appointment to the Historic Preserva on Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency, including serving on an advisory board. D. Composi on. 1. The Historic Preserva on Commission shall be composed of five (5) qualified members. 2. The Community Development Director or their designee shall serve as ex officio, non-vo ng staff liaison to the Historic Preserva on Commission. E. Term of Office. All members shall be appointed for a term of three (3) years; provided however, that members may not serve more than two (2) consecu ve terms. To achieve staggered terms, in the ini al appointment, one (1) member shall serve for one (1) year, two (2) members shall serve for two (2) years, and two (2) members shall serve for three (3) years. An appointment to fill any vacancy shall be for the remainder of the unexpired term of office. F. Compensa on. Each member shall be compensated in a manner prescribed by the Mayor and City Council. 8.3.3 Officers A. The Historic Preserva on Commission shall elect one (1) of its appointed members as chair. The chair shall serve for one (1) year or un l re-elected or a successor is elected. B. A second appointed member shall be elected as vice chair and shall serve for one (1) year or un l re-elected or a successor is elected. C. The Community Development Director shall appoint a designated employee to serve as the secretary of the Historic Preserva on Commission. 8.3.4 Mee ngs and Rules of Procedure A. Mee ngs. 1. Regular Mee ngs. The Historic Preserva on shall meet on the third Wednesday of each month at 6:30 p.m., or as established by the Historic Preserva on Commission due to holidays and unforeseen circumstances. Mee ngs may be held in person, virtually, or in a hybrid format as permi ed by state law and City policy, provided public access and par cipa on are maintained. 2. Special Mee ngs. Special mee ngs may be called by the Chair of the Historic Preserva on Commission or a majority of the members of the Historic Preserva on Commission. B. Minutes and Public Records. The secretary of the Historic Preserva on Commission shall keep minutes of its proceedings, recording the presence or absence of members and the vote of each member. C. Mee ngs and Hearing to the Public. All mee ngs and hearings of the Historic Preserva on Commission shall be open to the public. D. Public No ce. Public no ce of Historic Preserva on Commission mee ngs shall be provided as required for each applica on type as provided in Chapter 10, Public Hearing Applica on, Review Procedures. E. Quorum. A majority of the appointed members shall cons tute a quorum for the transac on of business. All rules, policies and procedures governing the Historic Preserva on Commission shall be hereina er governed by this requirement. F. Considera on of Applica ons and Other Ac ons. The Historic Preserva on Commission may take ac on or make a decision or other determina on by majority vote of the quorum present at the mee ng. Both the Chair and Vice Chair, when in a endance, are authorized to vote on the decision. G. Appeal. The City Clerk shall be authorized to accept service for any appeal. 8.3.5 Rules and Opera ng Procedures A. The Historic Preserva on Commission shall follow any by-laws and rules for the transac on of business adopted by the Mayor and City Council. B. The Historic Preserva on Commission shall maintain a record of its resolu ons, transac ons, findings, and determina ons, which record shall be public record. 8.3.6 Powers and Du es The Mayor and City Council hereby create the Historic Preserva on Commission with the following powers and du es: A. General Authority. 1. The Historic Preserva on Commission shall perform du es as directed by the governing body. 2. The Historic Preserva on Commission may exercise addi onal powers as may be described elsewhere in this UDC, as applicable. B. Du es. 1. With respect to this UDC, the Historic Preserva on Commission shall be responsible for the following du es: 2. Prepare and maintain an inventory of property having the poten al for designa on as historic property; 3. Restore or preserve historic proper es acquired by the City; 4. Promote the acquisi on by the city of façade easements and conserva on easements, as appropriate, in accordance with the provisions of the Georgia Uniform Conserva on Easement Act of 1992 (O.C.G.A., § 44-10-1 et seq.); 5. Conduct educa onal programs on historic proper es located within the city and on general historic preserva on ac vi es; 6. Make such inves ga on and studies of ma ers rela ng to historic preserva on, including consulta on with historic preserva on experts, the city council or the commission itself may, from me to me, deem necessary or appropriate for the purposes of preserving historic resources; 7. Seek out local, state, federal or private funds for historic preserva on, and make recommenda ons to the city council concerning the most appropriate uses of any funds acquired; 8. Submit to the Historic Preserva on Division of the Department of Natural Resources a list of historic proper es of historic districts designated; 9. Perform historic preserva on ac vi es as the official agency of the Stockbridge Historic Preserva on Program; 10. Employ persons, if necessary, to carry out the responsibili es of the Historic Preserva on commission; 11. Receive dona ons, grants, funds, or gi s of historic property and acquire and sell historic proper es. The Historic Preserva on Commission shall not obligate the City without prior consent from City Council; 12. Review and make comments to the Historic Preserva on Division of the Department of Natural Resources concerning the nomina on of proper es within its jurisdic on to the Na onal Register of Historic Places; and 13. Par cipate in private, state, and federal historic preserva on programs and with the consent of the City Council, enter into agreements to do the same. C. Review Authority. With respect to this UDC, the Historic Preserva on Commission shall review and make recommenda ons to the Mayor and City Council regarding: 1. Specific districts, sites, buildings, structures, or objects to be designated by ordinance as historic proper es or historic districts; and 2. The designa on of any district, site, building, structure, or object as a historic property or historic district should be revoked or removed. D. Final Authority. The Historic Preserva on Commission shall be responsible for final ac on regarding: 1. Cer ficates of Appropriateness; and 2. Historic proper es or buildings iden fied as deteriora ng by neglect. 8.4 Governing Body 8.4.1 Purpose The purpose of this sec on is to establish the authority for review and considera on of certain applica ons and other proposed ac ons, and to assign authority to the governing body, the Mayor and City Council of Stockbridge, Georgia. 8.4.2 Powers and Du es A. General Authority. The Mayor and City Council shall have the powers and du es listed below, in addi on to those provided elsewhere in the City of Stockbridge Charter, Code of Ordinances, the Georgia Cons tu on, Georgia General Session Laws, and applicable federal and local laws. B. Final Authority. The Mayor and City Council shall be responsible for final ac on regarding: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifica ons to condi ons placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adop on or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Appointments. The Mayor and City Council shall appoint members of review bodies, as required by this UDC. 8.5 Community Development Director 8.5.1 Defined The Community Development Director shall be the head of the Planning and Zoning Division, as well as other divisions of the Community Development Department, and shall be responsible for administra on and enforcement of this UDC. 8.5.2 Delega on of Authority The Community Development Director may delegate any of their authority or responsibility under this UDC by designa ng one or more City staff members to execute such authority. 8.5.3 Powers and Du es With respect to this UDC, the Community Development Director shall review and make recommenda ons regarding the following: A. General Authority. 1. The Community Development Director shall perform related du es as directed by Mayor and City Council; and 2. The Community Development Director shall have the powers and du es listed below, in addi on to those provided elsewhere in this UDC and other City of Stockbridge Code, as applicable. B. Review Authority. With respect to this UDC, the Community Development Director shall review and make recommenda ons regarding the following: 1. Zoning Map Amendments; 2. Text Amendments; 3. Amendments to the Comprehensive Plan and associated Future Land Use Map; 4. Variances; 5. Special Use Permits; 6. Zoning Modifica ons to condi ons placed on special uses, variances, and rezonings as previously approved by the Mayor and City Council; 7. Tier 2 Waivers; and 8. Adop on or amendment of design standards, including signage, gateways, and streetscape guidelines, when referenced by the UDC. C. Final Authority. With respect to this UDC, the Community Development Director shall be responsible for final ac on regarding: 1. Chapter 14, Subdivisions; 2. Sec on 11.2, Administra ve Variances; 3. Sec on 10.8, Tier 1 Waivers; and 4. Other du es specified elsewhere by this UDC. CHAPTER 9: ADMINISTRATIVE DEVELOPMENT PROCEDURES 9.1 Purpose and Intent A. This UDC sets forth procedures for receiving, reviewing, and rendering decisions for the development of any property in the City of Stockbridge. This UDC also sets forth the requirements for appealing decisions and enforcement. The procedures and requirements set forth in this UDC shall be followed in seeking approval of any development. The purpose of this UDC is to establish procedures and standards for the development and subdivision of land. This Chapter aims to achieve the following: 1. Orderly growth and development of new and redeveloped neighborhoods. 2. Coordinate streets within proposed neighborhoods with exis ng or planned streets and other public facili es. 3. Distribute popula on and traffic in a manner that will mi gate conges on and overcrowding. 4. Dedicate or reserve parks, greenspaces, and recrea onal areas, accessible to all residents to serve as community focal points. 5. Set standards for landscaping and detailing of the public domain of streets, parks, and squares to promote pedestrian oriented atmosphere and civic awareness. 6. Provide for pleasing visual environments to ensure public health, safety, and the general welfare to residents of the City. 7. To facilitate adequate provision for water, sewer, and stormwater management facili es; dedica on of rights-of-way or easements for streets and u lity purposes; proximity of residen al areas to employment centers and shopping; further subdivision of larger tracts into smaller parcels; proper land records for public convenience; and permanent iden fica on of real property boundaries. 8. To protect and enhance the quality of the natural environment of the City by encouraging preserva on and protec on of significant exis ng trees, assis ng in natural control of solar heat, reducing development impacts on storm drainage, assis ng in soil conserva on and flood control, reducing air emissions and noise, conserving local water supply, and enhancing the visual and aesthe c appearance of the community. 9.2 Permits A. No construc on or installa on of improvements shall commence in any development un l the land disturbance permit has been approved and all applicable preliminary plats, construc on plans, and specifica ons have been approved by the appropriate authori es. B. No development permit shall be issued for the disturbance or construc on of any lot un l all requirements of this UDC have been met, unless otherwise provided in this UDC. C. No building permit shall be issued for the erec on of any building or structure un l all requirements of Title 8, Chapter 8.08 of the City of Stockbridge Code of Ordinances are sa sfied and un l a Cer ficate of Appropriateness has been issued, if applicable. D. Development, building, and other permits shall only be issued for development on lots of record as defined by this UDC. E. No permits shall be issued on lots described only by metes and bounds. F. All development ac vi es or site work conducted following the approval of a subdivision plat or development plan shall conform to the specifica ons of the approved plans. 9.2.1 Expira on, Changes, and Extensions A. Applica on Expira on. An applica on for land development permit shall expire 12 months a er the issuance of the latest le er or comments of permit revisions or approval. The applica on will not expire within 12 months if the inac vity is a result of a pending review from an external agency outside the applicant’s control. B. Issued Permit Expira on. An issued development permit remains valid for the dura on of the project subject to the following me restric ons: A. Development permits expire 12 months from the date of issuance if no ac vity has been ini ated on the project; or B. If 12 months elapses between observed ac vity during proac ve inspec ons. C. Issued Permit Expira on Extension. The Community Development Director is authorized to grant an extension of a development permit for a period of not more than six (6) months. To request an extension, the owner or developer shall submit a wri en request to the Director no later than 30 days a er expira on. The Director is authorized to grant only one, one- me extension request for the subject development permit. D. A lapse in or suspension of applica on or development ac vity that is the direct result of ac on or inac on by the City of Stockbridge or an external review authority and for reasons outside the control of the applicant will not be considered a lapse in ac vity causing the development permit to expire. E. Changes to a previously approved development plan shall require formal re-approval prior to commencement of development ac vi es, except for the following circumstances: A. Repairs to a facility that is part of a previously approved and permi ed development. B. Accessory structures, provided applicable permits are obtained. 9.2.2 Applica on Review and Completeness A. All applica ons for development permits and building permits in the City shall submit a completed applica on form and copies of plan sets along with required review fees, as required by the instruc ons on the form or informa onal materials provided by the Community Development Department. Par al, incomplete, or unassembled submi als or resubmi als shall be rejected. B. Application materials shall be distributed as provided below: 1. Upon determination of a completed application packet, the Department shall distribute the application for review to internal City departments. If external agency reviews are required, the Department shall direct applicants to the external agency for review. 2. City reviews and external agency reviews may occur concurrently, but the City shall not issue any permits until the external agency approval is received. 3. A traffic impact study may be required as part of a development permit review for projects that meet any threshold in Section 16.1, Multimodal Traffic Impact Studies. C. The Department shall determine whether an application is complete and notify the applicant within five (5) business days of receipt. D. If the Department determines that the application is not complete, it shall send notice to the applicant identifying the deficiencies. The applicant shall have 30 calendar days from the date of notice to correct the deficiencies. Until the applicant corrects the deficiencies, no further action shall be taken. If the applicant fails to correct the deficiencies within the thirty-day period, the application shall be deemed withdrawn, and fees shall be forfeited. E. If the Department determines that the application is complete, the application shall be processed for review and action. F. Any checklists provided by the City are intended as a guide and convenience for the applicant. Approval or required revisions are based solely on whether the submittal meets the requirements of this UDC. G. No development or building permit shall be issued prior to project acceptance by the water and wastewater service provider. The City may require submission of a capacity letter, will-serve letter, utility approval letter, executed service agreement, or other documentation deemed acceptable by the service provider. H. No development or building permit shall be issued prior to full payment of all applicable fees as determined and periodically adjusted by the City. I. In addition to the requirements of this chapter, applications shall comply with Title 8, Chapter 8.08 of the City of Stockbridge Code of Ordinances, as applicable. 9.2.3 Authority and Applicability A. The Community Development Director oversees issuance of all development permits to ensure site work conforms to federal, state, and local regula ons. B. The Director shall have the authority to approve, approve with condi ons, or deny the applica on. C. A development permit is required for land disturbance ac vity including, but not limited to, clearing and grubbing, dredging, grading, excava ng, filling, storage, and construc on of improvements such as streets, parking facili es, driveways, access drives, stormwater drainage facili es, sidewalks, or other permanent structures placed on or in the property. D. Water and sanitary sewer system improvements shall be authorized by the u lity provider; however, u lity placement and land disturbing ac vi es associated with u lity work shall be reviewed and permi ed by the City to ensure compliance with affected Code standards that may be affected by the construc on of such u li es. 9.2.4 Development Plan Components A. All documents submi ed as part of an applica on for land disturbing ac vity shall abide by the requirements of this subsec on. Any submi al that does not sa sfy one or more requirements shall be rejected unless the requirement does not apply to a par cular submi al. 1. Drawings, except final plats and as-built plats, may be submi ed as digital files. 2. All drawings shall contain the dates of prepara on and any revisions. 3. All drawings shall be at the same scale and shall be a minimum of one (1) inch equals 100 hundred feet. 4. Drawing sheets shall be uniform in size, no larger than 24 inches by 36 inches and shall be uniform in size for a submi al. 5. All drawings shall contain a graphic and wri en scale and a north arrow. 6. All drawings shall contain the name, address, and telephone number of the preparer(s), property owner(s) and developer(s). 7. Drawings for development proposed in phases shall contain all required informa on for the total site, for each phase, and shall depict phase lines on the drawings. 8. All drawings shall contain the seal and signature of the licensed professional preparing the drawings and computa ons. 9. All development plans shall be accompanied by a stormwater management plan mee ng the requirements of Chapter 17, Stormwater Management of this UDC. 10. If the subject development proposal would directly disturb a regulatory floodplain, an engineering study and a floodplain management plan shall be provided, in compliance with the requirements set forth in Chapter 15, Environmental Protec on of this UDC. 11. A landscape plan shall include sufficient informa on to determine whether the proposed landscape improvements are in conformity with the requirements of Chapter 4, Development Standards of this UDC. The plan shall iden fy all trees, natural features, and manmade structures that will be retained upon the site, and describe proposed landscaping improvements and plan ngs, including the species, size, quan ty, and loca on of trees, shrubs, and other landscaping materials. 12. If the subject development proposal would contain protected open space, a management plan shall be provided, demonstra ng compliance with the standards for resource and open space protec on in Chapter 4, Development Standards of this UDC. 13. Applica ons for new or expanded mines or quarries shall provide informa on necessary to demonstrate compliance with State and Federal laws and regula ons. 14. The applicant shall submit two (2) copies of construc on improvement plans to the Henry County Water and Sewer Authority (HCWSA), or to the appropriate agency which supplies water and sewer services to the subject property. 15. Erosion and sediment control plans shall comply with the requirements of the subdivision ordinance and shall contain the following addi onal informa on: a. Name and phone number of a twenty-four-hour local contact responsible for erosion and sedimenta on controls. b. Ac vity schedule showing an cipated star ng and comple on dates for the project. Include the statement in bold le ers that "Installa on of erosion and sedimenta on control measures and prac ces shall occur prior to or concurrent with land-disturbing ac vi es." c. Stormwater and sedimenta on management systems-storage capacity, hydrologic study, and calcula ons, including off-site drainage areas. d. Vegeta ve plan for all temporary and permanent vegeta ve measures, including species, plan ng dates, and seeding, fer lizer, lime, and mulching rates. The vegeta ve plan shall show op ons for year-round seeding. e. Include the statement: "Mulch, temporary vegeta on, or permanent vegeta on shall be completed on all exposed areas within 14 calendar days a er disturbance ceases." f. Delinea on of disturbed areas within project boundary. g. Detailed drawings and narra ve notes to demonstrate compliance with the erosion and sediment control standards set forth in Chapter 15, Environmental Protec on of this UDC and the requirements in the current edi on of the Manual for Erosion and Sediment Control in Georgia. h. Provide the following Maintenance statement: "Erosion and sedimenta on control measures shall be maintained at all mes. Addi onal erosion and sedimenta on control measures and prac ces shall be installed if deemed necessary by onsite inspec on." i. Exis ng and planned contours, with ground slope contour intervals of two (2) feet. Loca on of erosion and sedimenta on control measures and prac ces using coding symbols from the Manual for Erosion and Sediment Control in Georgia. 9.2.5 Development Plan Review Specifica ons A. The applicant shall submit the number of copies of development plans, suppor ng data, and suppor ng plans as specified by the City. All documents submi ed as part of an applica on for land disturbing ac vity shall meet every specifica on provided in this subsec on. Any submi al that does not sa sfy one or more of the requirements herein shall be rejected by the City unless the subject requirement does not apply to a par cular submi al. 1. All informa on needed to demonstrate compliance with the site design and development standards in this UDC. 2. Depic on of exis ng land uses on adjacent parcels. 3. Dra of proposed covenants or deed restric ons to be imposed on the site. 4. Current zoning designa on(s) of the site, including any condi ons of zoning the any por on of the property is subject to. 5. The property owner name(s), zoning designa ons, and tax map parcel numbers of all adjacent parcels. 6. Total site area as measured in acres (minimum precision: the nearest hundredth acre) and square feet (minimum precision: the nearest square foot). 7. Topographic contours and ver cal intervals of not more than two (2) feet. 8. Soil condi ons pursuant to the U.S. Soil Conserva on Service Classifica ons Manual. 9. Proposed gross residen al density and net residen al density of the development. 10. Lot layout, including lot and block numbers and/or le ers. Layout of all lots shall indicate building setback lines, lot dimensions, and lot area. Lots with deten on ponds shall meet minimum zoning area requirements outside the area of the deten on pond. 11. For mixed-use developments, drawing notes shall include a table summarizing the total amount of development in each use, the percentage of the total site, net density of proposed residen al development. 12. Loca on of exis ng and pla ed property lines, loca on, width, and names of all pla ed roads, railroads, u lity rights-of-way, public areas, exis ng buildings or structures. 13. Show all exis ng and proposed easements. Show drainage easements for storm drainage pipes that cross individual lots. 14. Depict protected open space. 15. Depic on of natural features on the site and adjacent areas, including streams, lakes, other water bodies, wetlands, designated groundwater recharge areas, land subject to a one hundred-year flood hazard, including contour eleva ons, and geologic features, and other protected environmental features, as set forth in Chapter 15, Environmental Protec on, including an outline of wooded areas, vegeta on, and surface drainage, together with informa on on methods for protec on of natural features as required in this UDC. State if eleva ons are taken from a surveyed stream on a FEMA map or if the eleva ons are from an independent study (HEC-2, QUICK-2, etc.). Flood eleva ons on any lots within a one-hundred-year flood hazard area shall be shown. In addi on, the founda on eleva on that is a minimum of three (3) feet above the established one-hundred- year flood evalua on shall be shown. This data may be provided either on the layout or in tabular form. 16. Depic on of required stream buffers and setbacks on the property. Provide detailed plans of all proposed development in the buffer and of all proposed impervious cover within the setback. 17. Wetland areas shall be field located. Nota on whether live streams and/or wetlands lie within this subdivision, or unit and phase. Provide a copy of wetlands delinea on report from a qualified professional with training and experience in wetland delinea on following the guidelines of the latest version of the Army Corps of Engineers Wetlands Delinea on Manual. 18. Proposed buffers, landscaping, and tree protec on areas and zones. This shall include the loca on, size, and type of proposed plant materials. 19. Loca on of all proposed buildings, with indica on as to how they will be used (commercial, industrial, recrea onal or public facility). 20. Details regarding other proposed structures or addi ons to exis ng structures, including accessory structures and signs. 21. The configura on and names of proposed roads, alleys, sidewalks, trails, and mul -use paths, with width of pavement and rights-of-way. Total linear feet of proposed roads (per phase and total) shall be indicated. 22. Construc on plans of streets including typical cross-sec on and grade profiles, showing the percent of each grade and length of each ver cal curve. 23. Show the centerline stopping distance for all points of access onto public roads and posted speed limits on exis ng roads. 24. Exis ng sewers, water mains, drains, culverts and other underground facili es within the tract or within the right-of-way of boundary roads with sizes, grades, and invert eleva ons from field surveys or other sources. All sizes and data on all u li es shall be provided. Loca on of proposed public facili es such as sanitary sewers, water mains, storm drainage facili es, culverts, bridges, and other underground or aboveground facili es within the parcel to be developed, or within the rights-of-way of roads bordering the parcel. Sizes, grades and invert eleva ons from field surveys or other sources, consistent with the requirements of Chapter 16, Infrastructure Improvements. 25. Construc on plans of sanitary sewers with grades, service, pipe size, and points of discharge and connec on to other trunk or lateral sewers. 26. Construc on plans of storm drainage systems with pipe sizes, length, grade, loca on of outlets, runoff and velocity calcula ons, etc. All storm drainage systems carrying off-site runoff shall be designed for the one-hundred-year storm event. All storm pipes within any City right-of-way shall be approved by the City. 27. Construc on plans of water supply system with pipe sizes and loca on of hydrants, valves, and all appurtenances. 28. Final contours; street profiles may suffice in indica ng cut and fill volumes; however, in many cases, final contours must be shown on the plans. 29. Any structural prac ce used shall be explained and illustrated with detail drawings. 30. Permanent reference monuments shall be depicted and guaranteed by use of steel pins not less than one-half (½) inch in diameter and 30 inches long, with a survey marker cap showing the land surveyors registra on number shall be set at all lot corners. Any monuments disturbed by construc on or grading shall be reset by the prior to the conclusion of development ac vi es. 31. A demoli on plan, if any exis ng structures or buildings are proposed for par al or total demoli on, removal, or reloca on. 32. All of the following notes must be prominently provided on the plan set: a. A 20 foot wide storm sewer and sanitary sewer easement exists along each property line and along each lot line, centered on lot lines, for future drainage and sanitary sewer lines. b. All storm drains shall be extended to the rear setback line. c. Grade stakes shall be set on all streets prior to any street grading. An asbuilt subgrade centerline profile shall be submi ed and approved by [the] City prior to the installa on of curb and gu er or waterlines. d. An as-built deten on pond detail and revised hydro study shall be submi ed to the City prior to the final approval. e. All undisturbed buffers shall be field located; staked and flagged or marked with "tenax" (or similar type fencing); and shall be submi ed to the City for approval prior to grading. B. Any project to be developed in phases shall provide all informa on for the total site and for each phase. C. Applica ons for development plans within each watershed protec on area iden fied and regulated in Chapter 15, Environmental Protec on shall provide the following addi onal informa on: 1. The distance of each impervious structure and surface to the nearest bank of an affected perennial stream and reservoir. 2. The loca on of each perennial stream that crosses or abuts the site. 3. The loca on of each public reservoir that abuts the site. 4. The loca on, eleva on and orienta on of the one-hundred-year floodplain on the site. 5. A cer fica on issued by a registered land surveyor or registered engineer verifying the loca on of the site as being located either within the water quality cri cal area, the limited development area or outside of both areas. 6. Loca on and detailed design of any spill and leak collec on systems designed for the purposes of containing accidentally released hazardous or toxic materials. D. The Director of Community Development shall cause for the applicant to be no fied of any applica on deficiencies pursuant to the requirement of this subsec on, and the changes necessary to achieve compliance. E. A soil erosion and sedimenta on control plan, when in compliance with the standards for erosion and sedimenta on control as set forth in Chapter 15, Environmental Protec on of this UDC shall be approved prior to issuance of a permit for land development ac vity. 9.2.6 Pre-Construc on Mee ng Required A. Prior to commencement of site grading, the applicant shall arrange a pre-construc on conference with appropriate City of Stockbridge staff. The mee ng shall include review of the soil erosion and sedimenta on control plan, street cross-sec ons and profiles, construc on specifica ons, inspec ons and tes ng procedures, stormwater drainage and deten on facili es, and other ma ers concerning the development. The applicant shall provide names, telephone numbers, addresses, and business license numbers of all contractors and subcontractors employed on the job. 1. A separate pre-construc on mee ng is required with the Henry County Water and Sewer Authority prior to any water or sanitary sewer installa on. B. A development permit shall be issued only a er approval of construc on improvement plans and the soil erosion and sedimenta on control plan. Site grading shall be limited only to areas clearly defined in approved plans. Site grading without an approved soil erosion control plan and development permit is a viola on of this UDC and shall result in enforcement penal es as provided in Chapter 12, Viola ons, Penal es, and Enforcement. 9.2.7 Permi ng Requirements A. All applica ons for land development ac vi es shall be completed on forms provided by the City. B. Applica ons shall be accompanied by payment of fees as required by each department's most recently approved fee schedule. C. No development permit shall be approved absent the submission of a scaled site plan that depicts lot boundaries, all exis ng condi ons, and all proposed improvements. D. The disturbance of land for solely residen al development shall not begin prior to a site inspec on by the City. The inspec on must yield an affirma ve result and confirm compliance with this UDC before disturbance ac vi es may commence. Addi onal inspec ons may be made, as necessary at the discre on of the City, in order to verify compliance with the requirements of this UDC. E. The disturbance of land for purposes other than solely residen al development shall sa sfy all of the following requirements. 1. In addi on to the local permi ng fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing ac vity, and these fees shall be calculated and paid by the primary permi ee as defined in the State general permit for each acre of land-disturbing ac vity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land-disturbance permit. In a jurisdic on that is cer fied pursuant to O.C.G.A. § 12-7-8(a), half of such fees levied shall be submi ed to the division; except that any and all fees due from an en ty which is required to give no ce pursuant to O.C.G.A. § 12-7-7 shall be submi ed in full to the division, regardless of the existence of a local issuing authority in the jurisdic on. 2. In addi on to the local permi ng fees, fees shall also be assessed pursuant to O.C.G.A. § 12-5-23(5)(a), provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing ac vity, and these fees shall be calculated and paid by the primary permi ee as defined in the State general permit for each acre of land-disturbing ac vity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land-disturbance permit. In a jurisdic on that is cer fied pursuant to O.C.G.A. § 12-7-8(a), half of such fees levied shall be submi ed to the division; except that any and all fees due from an en ty which is required to give no ce pursuant to O.C.G.A. § 12-7-7 shall be submi ed in full to the division, regardless of the existence of a local issuing authority in the jurisdic on. 3. Approval by the Henry County Soil and Water Conserva on District (district). Immediately upon receipt of an applica on and plan for a permit, the City shall refer the applica on and plan to the district for its review and approval or denial concerning the adequacy of the erosion and sedimenta on control plan. The district shall approve or deny a plan within thirty-five (35) calendar days of receipt. Failure of the district to act within thirty-five (35) calendar days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the City. Such review shall not be required if the City and the district have entered into an agreement which allows the City to conduct such review and approval of the plan without referring to the applica on and plan to the district. 4. Iden fica on of any viola ons of previous permits, the requirements of Chapter 15 of this Code, or the Erosion and Sedimenta on Act, as amended, within three (3) years prior to the date of filing of the applica on under considera on. 5. Proof of irrevocable le er of credit. F. Proof of payment of all ad valorem taxes levied against the property. G. For development requiring the recorda on of a final plat, no development permit shall be issued un l the Community Development Department has received a copy of the recorded plat bearing the recording informa on of the Clerk of Superior Court. The applicant shall be responsible for providing said copy. H. Any development permit may be suspended, revoked, or modified by the Director of Community Development, as to all or any por on of the land affected by the plan, upon finding that the holder or his successor in the tle is not in compliance with the approved erosion and sedimenta on control plan or that the holder or his successor in tle is in viola on of this UDC. A holder of a permit shall no fy any successor in tle to the permit holder as to all or any por on of the land affected by the approved plan of the condi ons contained in the permit. 9.3 Timber Harves ng A. Applica ons for mber harves ng are subject to the requirements provided below: 1. A parcel that has been declared silvicultural shall provide all of the informa on as part of an applica on to harvest or remove mber. a. A cer ficate from the tax assessor indica ng agricultural preference. b. A forest management plan, demonstra ng compliance with the erosion control standards set forth in Chapter 16, Infrastructure Improvements of this UDC. c. A commitment to follow the Georgia Forestry Commission "Best Management Prac ces." d. A commitment to reforesta on of the site. 2. Upon approval by the City, a combined mber removal and logging permit shall be issued. B. Land designated for silvicultural ac vi es may subsequently be developed, provided that a development plan has been prepared and approved by the Director prior to clearing, grading, clear-cu ng, or other land disturbance. Where a development plan has been approved, land disturbance and mber removal permits may be issued by the City pursuant to the requirements of this Chapter. CHAPTER 10: PUBLIC HEARING APPLICATION, REVIEW PROCEDURES 10.1 Generally 10.1.1 Purpose The purpose of this Chapter is to provide the procedures and general standards for review of applica ons that are submi ed to administrators or review bodies with the City of Stockbridge under this UDC. 10.1.2 Applica on Requirements The requirements of this Sec on shall apply to all applica ons unless otherwise provided in this UDC. Where applicable, detailed requirements are provided in each applica on-specific sec on. 10.1.3 Pre-Applica on Mee ng A. The purpose of the pre-applica on mee ng is to provide an opportunity for the applicant to consult with City staff for advice and assistance prior to prepara on of any zoning applica on. This will enable the applicant to become familiar with the approval process, required documents, the Comprehensive Plan, and public hearing standards that may affect the proposed development. B. The intent of this UDC is that all procedural and development requirements be iden fied during the pre-applica on mee ng. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a par cipant at the pre-applica on mee ng, as a representa on or implica on that the proposal will be ul mately approved or rejected in any form. Addi onally, failure of a par cipant to iden fy any applicable requirement or condi on shall not preclude the City from requiring an applicant to comply with such requirement or condi on. C. The pre-applica on conference may be in person or via virtual mee ng/call. D. A pre-applica on conference may be waived by the Community Development Director at their discre on. E. City-ini ated pe ons are exempt from pre-applica on mee ng requirements. 10.1.4 Forms and Fees A. Applica ons required under this UDC shall be submi ed on standardized forms approved by the City. All applica ons shall be filed and completed as specified on the applica on form. B. All fees associated with a review must be paid in full before any applica on will be processed or reviewed. C. Filing fees are established and reviewed periodically to defray the cost of processing the applica on. Fees shall be adopted by the Mayor and City Council. 10.1.5 Determina on of Completeness A. All applica ons shall be complete before their acceptance for review and decisionmaking. A determina on of completeness is a determina on that all required documents and plans have been submi ed in sufficient number, and that all fees have been paid. A determina on of completeness is not a determina on of compliance with substan ve standards and criteria. B. Effect of Incomplete Applica on. If the Community Development Director determines that the applica on is not complete, the Community Development Director shall send no ce to the applicant iden fying the deficiencies. The applicant shall have 30 calendar days from the date of no ce to correct the deficiencies. Un l the applicant corrects the deficiencies, no further ac on shall be taken for processing the applica on. If the applicant fails to correct the deficiencies within the thirty-day period, the applica on shall be deemed withdrawn, and fees shall be forfeited. 10.1.6 Applica on Deadline Applica ons shall be submi ed in accordance with the published Planning and Zoning calendar schedule. A Planning and Zoning schedule indica ng submi al dates shall be developed each year, submi ed to the City Clerk and made available to the public, upon request. 10.1.7 Concurrent Applica ons Related applica ons may be filed and reviewed simultaneously. Applica ons submi ed simultaneously are subject to individual approval. Any applica on that is con ngent upon the approval of another applica on shall not be eligible for final approval un l the con ngent applica on is first approved. 10.1.8 Applica on Withdrawals, Deferrals, Con nuances A. Withdrawals. 1. The applicant may withdraw an applica on in wri ng at any me prior to the final decision by the appropriate reviewing body on said applica on. 2. If a request to withdraw an applica on is made in a public hearing, the applicant may do so by sta ng the request on the record. B. Deferrals at Applicant Request (Postponement to a Certain Time). The applicant may request a deferral to a future scheduled mee ng by reques ng the deferral in wri ng in advance of the mee ng, or by the request on the record at the mee ng. In either case, the applicable review or governing body shall vote in a properly adver sed mee ng to postpone to a certain me. If the date and me of the mee ng are not indicated at the me of the originally scheduled public hearing, the applica on shall be readver sed pursuant to the Public No ce requirements. C. Deferrals by Reviewing or Governing Body (Postponement to a Certain Time). Deferrals by a reviewing body or governing body are authorized, but final decisions shall be made within the iden fied meframes outlined herein. 1. Mayor and City Council. Mayor and City Council shall have the authority to postpone to a certain me the review of an applica on scheduled for public hearings to any future date chosen by the governing body. 2. Planning Commission. The Planning Commission shall issue a recommenda on to approve or deny an applica on or pe on within 45 days a er the opening of the public hearing or comment period. Failure of the Planning Commission to act within the forty-five-day period shall cons tute a recommenda on that the applica on be forwarded to the Mayor and City Council for a final decision. 10.2 Procedures Summary Table 10.2, Procedures Summary Table, provides a summary of review and decisionmaking authority under this UDC. In the event of conflict between Table 10.2, Procedures Summary Table and the detailed procedures iden fied in this UDC, the detailed procedures govern. Table 10.2 - Procedures Summary Table Applica on Type City Staff Planning Commission Mayor and City Council Text Amendments R <R> <DM> Rezoning (i.e., Map Amendments) R <R> <DM> Modifying Condi ons of Zoning (major)/Master Plan Amendments (major) R <R> <DM> Special Use Permit R <R> <DM> Variance R <R> <DM> Tier 2 Waiver R <R> <DM> Legend: 1. R = Review or Recommending Body 2. DM = Decision-Making Body (Final Decision) 3. <> = Public Hearing required 10.2.1 Requirements for Amending the Official Zoning Map (Rezoning) A. Requirements. 1. The official zoning map may be amended by the Mayor and City Council on its own mo on, on recommenda on from the Planning Commission, or by approval by the Mayor and City Council of an applica on from a property owner. An adopted zoning resolu on shall be an amendment to the official zoning map. 2. For rezoning applica ons filed by others than those ini ated by the City of Stockbridge governing body or staff, where proper es are held in ownership by mul ple persons or en es, it shall be the responsibility of the applicant to ensure they have obtained proper consent to the rezoning from all persons or en es with an ownership stake in the rezoning. 3. If the applicant is ac ng as the agent of the property owner, the agent shall submit an authoriza on form executed by the property owner authorizing the agent to file on the owner’s behalf. No applica on shall be accepted unless such authoriza on is provided. B. Official Applica on. 1. Prior to the submi al of an applica on for rezoning, the applicant shall have par cipated in the pre-applica on mee ng. 2. Applica ons shall include, at a minimum, the following informa on: a. Applica on form; b. Proof of ownership; c. Property Owner Authoriza on; d. Campaign Disclosure Forms; e. A property survey conducted no more than five (5) years prior to the filing of the applica on. Where two (2) or more parcels are included within a proposed development, the survey shall include all parcels that are part of the proposed development, including all phases. The survey shall be prepared and sealed by a surveyor registered in the State of Georgia. If the survey is older than five (5) years, the survey must be cer fied by a surveyor registered in the State of Georgia as to whether changes have or have not been made to the property; f. A le er of intent, which outlines the details of the request, the reason for reques ng an amendment to the zoning map, and addresses the criteria in Sec on 10.2.2, Review Standards for Rezoning Applica ons; g. A concept plan containing the informa on set forth below: i. Project name; ii. Vicinity map showing zoning districts and exis ng land use within 500 hundred feet of the boundaries of the site; iii. Total area in acres and square feet; iv. Current and proposed zoning classifica on, together with a summary of the applicable development standards for the proposed zoning district; v. Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general loca on of wetlands, and the general loca on of wooded areas; vi. General loca on of exis ng and proposed roads and u lity rightsof-way or easements; vii. Loca on of exis ng property lines within the development site; viii. General loca on of exis ng and proposed development by type of use; ix. Proposed residen al density and dwelling unit types, if applicable; and x. Loca on of proposed open spaces, recrea onal areas, and public buildings and uses, indica ng those areas reserved or dedicated for public use. h. A general plan for the provision of u li es and infrastructure, to include a report or le er from the City’s Public Works Department, the Henry County Water and Sewer Authority, or the Clayton County Water and Sewer Authority, indica ng the availability of water and sewer and a report or le er from the Henry County Environmental Health Department indica ng sep c suitability if sewer is not available; i. A traffic impact study or trip genera on report if it exceeds the thresholds found in Sec on 16.1.3.A, Thresholds of Applicability. j. Architectural renderings or building plans, as determined by the Community Development Director; and k. Proof of payment of fees. C. Ac on by the Director. 1. The Director shall prepare a staff report addressing the following uses, in priority: a. Consistency with the Comprehensive Plan; b. The rela on that the proposed amendment bears to the purpose of the overall zoning scheme with due considera on given to whether or not the proposed change will help carry out the purposes of this UDC. c. Poten al posi ve effects of the amendment on the character of the proposed zoning district, a par cular piece of property, neighborhood, a par cular area, or the community. d. The physical condi ons of the site rela ve to its capability to be developed as requested, including topography, drainage, access, and size and shape of the property. e. The impact upon adjacent property owners, should the request be approved. f. The poten al impact of the proposed amendment on City infrastructure, including water and sewerage systems. g. The impact of the proposed amendment on adjacent thoroughfares and pedestrian and vehicular circula on and traffic volumes. h. The merits of the requested change in zoning rela ve to any other guidelines and policies for development that the Planning Commission and Mayor and City Council may use in furthering the objec ves of the Comprehensive Plan. i. The capacity of the site to be developed as presently zoned. D. A Community Zoning Informa on Mee ng is required pursuant to Sec on 10.2.11, Community Zoning Informa on Mee ng (CZIM). E. The Director shall adver se for the public hearing at the Mayor and City Council in accordance with Sec on 10.3, Public No ce Requirements. F. Planning Commission Recommenda on. 1. The applica on shall be submi ed to the Planning Commission for review at a public mee ng prior to a public hearing before the Mayor and City Council. 2. The Planning Commission shall review and make recommenda ons on the proposed rezoning based upon the standards in Sec on 10.2.2, Review Standards for Rezoning Applica ons. 3. The Planning Commission shall submit its report with comments and recommenda ons according to the published schedule. The recommenda ons of the Planning Commission shall be submi ed to the Mayor and City Council. The recommenda ons of the Planning Commission shall be of an advisory nature and shall not be binding on the Mayor and City Council. 4. In making its recommenda on, the Planning Commission may recommend approval, approval with condi ons, approval with an alterna ve zoning district that is lesser intensity than that which was adver sed, or denial. Findings shall be set forth in official minutes of the Planning Commission. G. Mayor and City Council Ac on. 1. The Mayor and City Council shall consider the rezoning applica on at a public hearing. 2. The Mayor and City Council shall consider the informa on set forth in the staff report and the findings and recommenda ons of the Planning Commission. 3. In deciding upon any applica on for an amendment to the official zoning map, the Mayor and City Council may, on their own mo on or upon the sugges on of the applicant, or on considera on of the recommenda ons of the Planning Commission, grant the request subject to certain condi ons necessary to promote and protect the health, safety, and general welfare of the general public and adjacent proper es. 4. In deciding upon any applica on for an amendment to the official zoning map, the Mayor and City Council may, on their own mo on or upon the sugges on of the applicant, or on considera on of the recommenda ons of the Planning Commission, grant the applica on subject to certain condi ons necessary to promote and protect the health, safety, and general welfare of the general public and adjacent proper es. 5. The Mayor and City Council may include condi ons of zoning which they deem necessary in order to make the requested ac on acceptable and consistent with the proposed uses of the district(s) involved and to further the goals and objec ves of the comprehensive plan. Such condi ons: a. Shall only be valid if they are included in the mo on approving the amendment of adop on. b. Shall be permanent condi ons of approval unless a lesser period of me is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condi on of their use of the property. d. Shall be permi ed and con nuously enforced by the community development director in the same manner as any other provision of this UDC. 6. Prior to a final vote being taken upon any applica on for an amendment to the official zoning map for which such condi ons shall be imposed, such condi ons shall be announced at the public hearing and made a part of the mo on to approve. If such condi ons are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permi ed to re-file the same zoning map amendment for the same property un l 12 months has elapsed from the date of withdrawal. 7. Following the public hearing, the Mayor and City Council shall approve, approve with condi ons, approve with alterna ve zoning district that is of lesser intensity than that which was adver sed, deny, defer, or any other ac on within the scope of the Mayor and City Council authority as outlined elsewhere in this UDC, the City of Stockbridge Code of Ordinances, or State or Federal Law. 8. If the zoning decision of the Mayor and City Council is for the rezoning of property and the amendment to accomplish the rezoning is defeated by the Mayor and City Council, then the same property shall not again be considered for rezoning un l the expira on of at least 12 months immediately following the defeat of the rezoning by the Mayor and City Council. 10.2.2 Review Standards for Rezoning Applica ons A. In ruling upon any applica on for a zoning map amendment, or any other zoning decision, the Mayor and Council shall act in the best interest of the health, safety, morals, and general welfare of the City. In doing so, they will consider one (1) or more of the following standards of review which are relevant to the applica on: 1. Whether the proposal is consistent and/or compa ble with the City's plans, goals and objec ves reflected in the City's Comprehensive Plan. 2. How the proposal impacts the purposes of the overall zoning scheme, and whether the proposed change furthers the purposes of these zoning regula ons. Applica ons for zoning amendments that do not contain specific site plans carry a rebu able presump on that the proposed change shall adversely affect the zoning scheme. 3. How the proposal impacts the character of the zoning district, the par cular piece of property, neighborhoods, or the community. 4. Whether the proposal creates an isolated zoning district unrelated, and not con guous, to adjacent proper es and nearby districts. 5. How the proposal impacts the aesthe c character of exis ng and future uses of the property and the surrounding area. 6. Whether the proposal is consistent with adjacent development densi es and the density pa erns reflected in the Comprehensive Plan. 7. How the proposal impacts the public health, safety, and welfare of the general public and adjacent proper es. 8. How the proposal impacts water, sewerage, other public facili es, or public services, and how the proposed amendment impacts expenditures of public funds. 9. How the proposal impacts traffic safety and conges on. 10. How the proposal impacts environmental condi ons, including, but not limited to, drainage, soil erosion and sedimenta on, flooding, air quality, and water quality and quan ty. 11. How the proposal impacts the provision of adequate light and air. 12. How the proposal impacts the value of adjacent property. 13. Whether there are substan al reasons why the property cannot be used in accordance with exis ng regula ons. 14. Preserva on of the integrity of residen al neighborhoods shall carry greater weight than other factors. Where property fronts on a major thoroughfare and also adjoins an established residen al neighborhood, the factor of preserva on of the residen al area shall carry greater weight. B. A er hearing evidence at the zoning hearing, the Mayor and Council shall apply the evidence to the standards of review in making their decision. The Mayor and Council are not required to consider every criterion in the standards of review. The applicant carries the burden of proof that the proposed zoning map amendment promotes the public health, safety, morality, or welfare of the general public and the adjacent proper es. C. If the Mayor and Council determine from the evidence that has been presented that the applicant has shown that the proposed zoning map amendment promotes the health, safety, morals, or welfare of the general public and adjacent proper es under the standards of review, then the applica on shall be granted, subject to those reasonable condi ons that may be imposed by the Mayor and Council. Otherwise, such applica ons shall be denied. D. In ruling upon any pe on in which the pe oner has brought a challenge to the exis ng zoning classifica on, the Mayor and Council shall follow these general lines of inquiry: 1. The exis ng uses and zoning of the subject and surrounding property. 2. The extent to which property values may be diminished by the par cular zoning restric ons. 3. The extent to which the reduc on of property values, if any, promotes the health, safety, morals, or welfare of the general public and adjacent proper es. 4. The rela ve gain to the public, as compared to the hardship, if any, which may be imposed upon the individual property owner. 5. The suitability of subject property for development purposes as it is presently zoned. 6. The length of me the property, if it is vacant, has been vacant as it is currently zoned, considered in the context of land development in the vicinity of the property. 7. The exis ng zoning classifica on shall be presumed to be valid; it shall be the responsibility of the applicant to present evidence to rebut this presump on. E. If the Mayor and Council determine, from the evidence that has been presented, that the exis ng zoning classifica on is unduly burdensome to the applicant and is not offset by considera on of the public's health, safety, morals, and general welfare, and considera on of the integrity of this chapter and of the official zoning map, the Mayor and Council may impose any appropriate zoning classifica on, including allowable condi ons, which might be consistent with the considera ons outlined in Subsec on (a) of this sec on. 10.2.3 Annexa on Criteria A. When a rezoning request is accompanied by an annexa on request, the following criteria shall be considered when reviewing the annexa on request: 1. Compliance with applicable sec ons of O.C.G.A 36-36 for lawful Annexa on of Territory and 489 Agreement, as adopted and amended over me; 2. Adequacy of access to the site, or the poten al for such adequate access to be provided; 3. Consistency of the proposal with the City's adopted Comprehensive Plan, including but not limited to goals and policies for urbaniza on, housing, cultural, historic and natural resources, infrastructure, and provision of public infrastructure and community services; 4. The annexa on is in the best interest of the City. Generally, the Mayor and City Council may consider the annexa on is in the best interest of the City if it meets two (2) or more of the following criteria: a. It provides a needed solu on for exis ng problems resul ng from insufficient sanita on, water service, public safety, code enforcement, or other service-related problems; b. It provides land for development to meet public needs including jobs and/or housing in an orderly and logical growth pa ern; c. It fills in gaps in exis ng islands or other types of non-con guous boundaries; d. It provides needed routes for u lity and transporta on networks. 10.2.4 Requirements for Modifying Condi ons of Approval and Modifying Approved Master Development Plans A. An applicant may file a zoning modifica on applica on to request approval of changes to previously approved quasi-judicial ac ons for master development plans. Such changes may be major or minor and shall be modified in accordance with this Sec on. B. Major Modifica ons. Major modifica ons include changes to allowable uses, maximum density, maximum intensity, or compa bility requirements a ached to zoning approval as condi ons of approval. The following procedures shall be followed: 1. An applica on shall be submi ed containing details of the amendment requested and the situa on giving rise to the need for an amendment. It shall be accompanied by plans fully describing the nature and extent of the amendment. 2. A staff report shall be prepared to address the requirements that are listed in this sec on for the amended concept plan and/or zoning condi ons. 3. A community zoning informa on mee ng is required pursuant to Sec on 10.2.11, Community Zoning Informa on Mee ng (CZIM). 4. The Director shall adver se for the public hearing at the Mayor and City Council in accordance with Sec on 10.3, Public No ce Requirements. 5. The Planning Commission shall review the applica on for an amended concept plan at a public mee ng. The Planning Commission shall consider the applica on for amended condi ons placed on special uses and/or variances and make a recommenda on to Mayor and City Council according to the procedures in Sec on 10.2, Procedures Summary. 6. The Mayor and City Council shall consider the applica on for amended zoning condi ons and/or concept plan at a public hearing according to the procedures in Sec on 10.4, Procedures for Conduc ng Public Hearings. C. Minor Modifica ons. Minor modifica ons include changes to dimensional design features as depicted on a concept plan. Such dimensional design features, as are provided on a development plan, shall generally conform to the condi ons depicted on the concept plan but shall be allowed to vary, provided the Director determines that the development plan is generally consistent with the concept plan condi ons. The following informa on shall be provided: 1. The development plan shall be accompanied by a detailed descrip on of the site design features that are depicted on the development plan that differ from the concept plan. 2. The descrip on of the modifica ons shall also include an explana on of the need for the modifica on. 3. The development plan applica on will be processed as set forth in Chapter 9, Administra ve Development Procedures. D. Requests to modify approved development plans may be approved by the Director as set forth below: 1. An applica on shall be submi ed containing details of the amendment requested, the situa on giving rise to the need for an amendment and accompanied by plans fully describing the nature and extent of the amendment. 2. Review by the Director shall follow the same procedures and address the same issues as for the original applica on. 10.2.5 Requirements for Special Use Permits A. Special Uses within each zoning district are uses that may be appropriate in a par cular zoning district if controlled as to number, area, loca on, or rela on to other uses may be appropriate in a par cular zoning district. A Special Use Permit shall be required for all special uses (iden fied with an “S” designa on) as set forth in the permi ed use table in Table 3.1.B, Land Uses or as part of a “use” condi on. B. Specific use standards may be applicable to the approved special use. C. Any use or activity on the property that is not specifically permitted by Chapter 2, Zoning and Overlay Districts, or the Special Use Permit, as modified, shall be deemed unlawful and subject to Chapter 12, Violations, Penalties and Enforcements. D. Requirements. An applica on for a Special Use Permit may be submi ed by any person, firm, corpora on, or agency, provided they are the owner or owner’s representa ve of the subject property. E. Official Applica on. The applicant shall submit the special use permit applica on and associated documents, as iden fied in Sec on 9.2.1, Requirements for amending the official zoning map (rezonings). F. Ac on by the Director. 1. The Director shall make a determina on of applica on completeness. 2. The Director shall prepare a staff report addressing the following issues, in priority: a. The proposed use shall not cause traffic conges on or condi ons that will adversely affect nearby proper es. b. The physical conditions of the site, including topography, drainage and size and shape, are suitable for the proposed development. c. Adequate public facilities are available to serve the proposed use. d. The applicant has made a binding agreement for any specific limitations or conditions that are necessary to protect the public interest, and to assure the continued beneficial use and enjoyment of nearby properties; or that no special limitations are necessary to protect the public. e. The special use with specific limitations and design features as may have been required will further the aims of the Comprehensive Plan and will not be unduly detrimental to nearby properties. G. A community zoning information meeting is required pursuant to Section 10.2.11, Community Zoning Information Meeting (CZIM). H. Public Hearing. The director shall advertise for the public hearing at the Mayor and City Council in accordance with Section 10.3, Public Notice Requirements. I. Planning Commission Recommenda on. 1. The applica on shall be submi ed to the Planning Commission for review at a public hearing. 2. The Planning Commission shall review the applica on at a public mee ng prior to a public hearing before the Mayor and City Council. 3. The Planning Commission shall submit its report with comments and recommenda ons according to the published schedule. The recommenda ons of the Planning Commission shall be submi ed to the Mayor and City Council. The recommenda ons of the Planning Commission shall be of an advisory nature and shall not be binding on the Mayor and City Council. 4. In making its recommenda on, the Planning Commission may recommend approval, approval with condi ons, or denial. Findings shall be set forth in official minutes of the Planning Commission. J. Mayor and City Council Ac on. 1. The Mayor and City Council shall consider the applica on for Special Use Permit at a public hearing. 2. The Mayor and City Council shall consider the informa on that is set forth in the staff report and the findings and recommenda ons of the Planning Commission. 3. In deciding upon any applica on for a Special Use Permit, the Mayor and City Council may, on their own mo on or upon the sugges on of the applicant, or on considera on of the recommenda ons of the Planning Commission, grant the request subject to certain condi ons that are necessary to promote and protect the health, safety, and welfare of the general public and the adjacent proper es. 4. The Mayor and City Council may include condi ons of zoning which they deem necessary in order to make the requested ac on acceptable and consistent with the proposed uses of the district(s) that are involved, and to further the goals and objec ves of the Comprehensive Plan. Such condi ons: a. Shall only be valid if they are included in the mo on approving the amendment of adop on. b. Shall be permanent condi ons of approval unless a lesser period of me is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condi on of their use of the property. d. Shall be permi ed and con nuously enforced by the Community Development Director in the same manner as any other provision of this UDC. 5. Prior to a final vote being taken upon any applica on for a Special Use Permit for which such condi ons shall be imposed, such condi ons shall be announced at the public hearing and made a part of the mo on to approve. If such condi ons are found to be unacceptable, the applicant may withdraw or request a postponement. Upon such withdrawal, the applicant shall not be permi ed to re-file the same zoning map amendment for the same property un l one (1) year has elapsed from the date of withdrawal. 6. Following the public hearing, the Mayor and City Council shall approve, approve as recommended by the Planning Commission, approve with condi ons, deny, or defer the Special Use Permit. 7. If the zoning decision of the Mayor and City Council is for a Special Use Permit applica on to be denied, then the same property shall not again be considered for a Special Use Permit un l the expira on of at least 12 months immediately following that denial. 10.2.6 Review Standards for Special Use Permit A. In the interest of public health, safety, and welfare, the City Council may exercise limited discre on in evalua ng the site proposed for a use which requires a use permit. In exercising such discre on pertaining to the subject use, the City Council shall consider each of the following: 1. Whether the proposed use is consistent with the Comprehensive Plan adopted by the City Council; 2. Compa bility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; 3. Whether the proposed use may violate local, State and/or Federal statutes, ordinances or regula ons governing land development; 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; 5. The loca on and number of off-street parking spaces; 6. The amount and loca on of open space; 7. Protec ve screening; 8. Hours and manner of opera on; 9. Outdoor ligh ng; 10. Ingress and egress to the property; and 11. Any other per nent factors. B. In gran ng such permits, condi ons may be a ached as are deemed necessary in the par cular case for the protec on or benefit of neighbors to ameliorate the effects of the proposed development/use. 10.2.7 Requirements for Cer ficate of Appropriateness A. A Cer ficate of Appropriateness is required for a material change in the appearance of a designated historic property, building, structure, site, or object within a historic district, unless exempted by this UDC. B. Exemp ons. The following shall be exempt from the provisions of this ar cle: 1. Interior arrangements. 2. The Department of Transporta on and any contractors, including ci es and coun es, performing work funded by the Department of Transporta on. 3. Local governments are exempt from the requirements of obtaining a cer ficate of appropriateness; provided, however, that local government shall no fy the commission 45 days prior to beginning an undertaking that would otherwise require a cer ficate of appropriateness and allow the commission an opportunity to comment. 4. Minor repairs that do not alter the historic or architectural features exis ng on the building. 5. In the event an applicant is not certain about whether an item requires a Cer ficate of Appropriateness or not, an applica on shall be submi ed to the Director for review. The Director shall determine if a Cer ficate of Appropriateness, with advice provided by the Chair of the Historic Preserva on Commission, is required. C. Requirements. An applica on for a Cer ficate of Appropriateness can be submi ed by any person, firm, corpora on or agency for a Cer ficate of Appropriateness, provided they are the owner or the owner's representa ve of the subject property. D. Official Applica on. 1. An applica on to amend the text of the UDC shall be submi ed on forms provided by the City. 2. Prior to submi al of an applica on for rezoning, the applicant shall have par cipated in the pre-applica on conference. 3. Applica ons shall, at a minimum, include the following informa on: a. Project name; b. Vicinity map showing zoning districts and exis ng land use within 500 hundred feet of the boundaries of the site; c. Total area in acres and square feet; d. Current zoning classifica on, together with a summary of the applicable development standards for the proposed zoning district; e. Natural features, including topography at ten-foot intervals, surface drainage, surface waters, floodplains, watershed areas, groundwater recharge areas, general loca on of wetlands, and the general loca on of wooded areas; f. General loca on of exis ng and proposed roads and u lity rights-of-way or easements; g. Loca on of exis ng property lines within the development site; h. General loca on of exis ng and proposed development by type of use; i. Proposed residen al density and dwelling unit types, if applicable; and; j. Loca on of proposed open spaces, recrea onal areas, and public buildings and uses, indica ng those areas reserved or dedicated for public use. 4. Applica on form; 5. Proof of ownership; 6. Property Owner Authoriza on; 7. A le er of intent, which outlines the proposed scope of work; 8. A concept plan containing the informa on set forth below: 9. Photographs of all four sides of exis ng buildings and adjacent structures; 10. Archaeology report if the property contain a documented archaeological site; 11. General plan for the provision of u li es and infrastructure, including the following: a. A report or le er from the city or Henry County Water and Sewer Authority indica ng the availability of water and sewer and a report or le er from the Henry County Environmental Health Department indica ng sep c suitability if sewer is not available. 12. Architectural renderings or building plans, as determined by the Community Development Director; 13. Digital copy of material sample board for any materials being introduced to the exterior of the building or on the site; and 14. Proof of payment of fees. E. Ac on by the Director and Historic Preserva on Ac on. 1. The Director shall determine completeness F. Public Hearing. The director shall adver se for the public hearing at the Historic Preserva on Commission in accordance with Sec on 10.3, Public No ce Requirements. G. Historic Preserva on Ac on 1. The Historic Preserva on Commission must approve or reject an applica on within 45 calendar days a er filing of a complete applica on. 2. Following the public hearing, the Commission shall approve, approve with condi ons, or reject the Cer ficate of Appropriateness. Failure to act within the 45 day period cons tutes approval of the applica on. This me may be extended if both the applica on and the Historic Preserva on Commission agree on an extension. 3. The Historic Preserva on Commission shall consider the applica on for a Cer ficate of Appropriateness at a public hearing. 4. In deciding upon any applica on for a Cer ficate of Appropriateness, the Historic Preserva on Commission may, on their own mo on or upon the sugges on of the applicant, grant the applica on subject to certain condi ons necessary to promote and protect the historic property, building, or district. 5. The Historic Preserva on Commission may include condi ons which they deem necessary in order to make the requested ac on acceptable and consistent with the aesthe c, historic, architectural significance and value of the historic property, building involved. Such condi ons: a. Shall only be valid if they are included in the mo on approving the amendment of adop on. b. Shall be permanent condi ons of approval unless a lesser period of me is specified in the amendment. c. Shall be required of the property owner and subsequent owners as a condi on of their use of the property. d. Shall be permi ed and con nuously enforced by the Community Development Director in the same manner as any other provision of this UDC. 6. Prior to a final vote being taken upon any applica on for a Cer ficate of Appropriateness for which such condi ons shall be imposed, such condi ons shall be announced at the public hearing and made a part of the mo on to approve. If such condi ons are found to be unacceptable, the applicant may withdraw or request a postponement. 7. Following the public hearing, the Historic Preserva on Commission shall approve, approve with condi ons, or reject the Cer ficate of Appropriateness. 8. A Cer ficate of Appropriateness shall become void unless construc on commences within six (6) months of the date of issuance. A Cer ficate of Appropriateness shall be issued for a period of 18 months and is renewable. H. Appeals. Any person adversely affected by any determination made by the Historic Preservation Commission relative to the issuance or rejection of a Certificate of Appropriateness may appeal such determination to the City Council. The appeal shall follow the procedures found in Section 11.3, Appeals of Administrative Decisions. 10.2.8 Review Standards for Cer ficate of Appropriateness A. In the interest of the public health, safety and welfare, the Historic Preserva on Commission may exercise limited discre on in evalua ng a Cer ficate of Appropriateness. In exercising such discre on, the Historic Preserva on Commission shall consider it finds that the proposed material change(s) in the appearance would not have a substan al adverse effect on the aesthe c, historic, or architectural significance and value of the historic property, building, or district B. For reconstruc on, altera on, new construc on, renova on, reloca on, or demoli on, the Commission shall consider each of the following: 1. Whether the proposed ac on conforms to the design, scale, building materials, setback and site features; and 2. Whether the proposed ac on conforms to the Secretary of Interior's Standards for Rehabilita on and Guidelines for Rehabilita ng Historic Buildings C. For reloca on of a building structure, or object, the Historic Preserva on Commission shall consider each of the following: 1. Whether the historic character and aesthe c interest the building, structure or object contributes to its present se ng; 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; 3. Whether the building, structure or object can be moved without significant damage to its physical integrity; and 4. Whether the proposed reloca on area is compa ble with the historical and architectural character of the building, structure, site or object. D. For demoli on of buildings, structures, sites, trees judged to be 50 years or older, or objects, the Historic Preserva on Commission shall consider each of the following: 1. The historic, scenic or architectural significance of the building, structure, site, tree or object; 2. The importance of the building, structure, site, tree, or object to the ambiance of a district; 3. The difficulty or the impossibility of reproducing such a building, structure, site, tree, or object because of its design, texture, material, detail, or unique loca on; 4. Whether the building, structure, site, tree, or object is one of the last remaining examples of its kind in the neighborhood or the City; 5. Whether there are definite plans for use of the property if the proposed demoli on is carried out, and what the effect of those plans on the character of the surrounding area would be; 6. Whether reasonable measures can be taken to save the building, structure, site, tree, or object from collapse; and 7. Whether the building, structure, site, tree, or object is capable of earning reasonable economic return on its value. E. Undue Hardship. When, by reason of unusual circumstances, the strict applica on of any provision of this Sec on would result in the excep onal prac cal difficulty or undue economic hardship upon any owner of a specific property, the Historic Preserva on Commission, in passing upon applica ons, shall have the power to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided such variances, modifica ons interpreta ons shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substan al jus ce done. In gran ng variances, the Historic Preserva on Commission may impose such reasonable and addi onal s pula ons and condi ons as will, in its judgment, best fulfill the purpose of this chapter. An undue hardship shall not be a situa on of the person's own making. F. In gran ng such cer ficates, condi ons may be a ached as are deemed necessary in the par cular case for the protec on or benefit of the historic property, building, or district. 10.2.9 Requirements for Amendments of the UDC (Text Amendments) This UDC may be amended by the Mayor and City Council on its own mo on. If otherwise mo oned, a complete applica on packet shall be required as described below: A. An applica on to amend the text of the UDC shall be submi ed on forms provided by the City. B. The applica on shall include the following informa on: 1. Iden fica on of the specific provision proposed for amendment; 2. The proposed modifica ons in a strikethrough and underline format; 3. A detailed explana on of the ra onale and jus fica on for the requested amendment; and 4. A detailed explana on of the poten al impacts of the modifica on on the development of the City of Stockbridge. C. The Director shall prepare a staff report analyzing the proposed amendment and recommending approval, approval with modifica ons or condi ons, or denial. The staff report shall address the following issues: 1. Consistency of the amendment with the Comprehensive Plan. 2. Poten al impacts on the character and quality of development in the City and any affected zoning districts. 3. Poten al impacts on the provision of infrastructure and improvements. 4. The merits of the proposed amendments rela ve to any guidelines, policies, or programs which have been adopted in furtherance of the Comprehensive Plan. D. Public Hearing. The director shall adver se for the public hearing at the Mayor and City Council in accordance with Sec on 10.3, Public No ce Requirements. E. The Planning Commission shall consider the proposed amendment to the UDC at its regularly scheduled public mee ng. 1. The Planning Commission shall evaluate the proposed amendment, considering the issues and recommenda ons contained in the staff report. 2. The Planning Commission shall make a recommenda on to the Mayor and City Council for approval, approval with further modifica ons, or denial. F. The Mayor and City Council shall consider the proposed amendment at a public hearing. 1. The Mayor and City Council shall consider the informa on set forth in the staff report and the recommenda ons of the Planning Commission. 2. The Mayor and City Council may approve, approve with condi ons, defer, or deny the proposed amendment to the UDC. 10.2.10 Requirements for Amendment to the Comprehensive Plan The Comprehensive Plan may be amended by the Mayor and City Council on its own mo on. If otherwise mo oned, a complete applica on packet shall be required as described below: A. An applica on to amend the text or maps of the Comprehensive Plan shall be submi ed on forms provided by the City. B. The applica on shall include the following informa on: 1. Iden fica on of the specific provision proposed for amendment. 2. The proposed modifica ons in a strikethrough and underline format. 3. A detailed explana on of the ra onale and jus fica on for the requested amendment. 4. A detailed explana on of the poten al impacts of the modifica on on the development of the City of Stockbridge. C. The Director shall prepare a staff report analyzing the proposed amendment and recommending approval, approval with condi ons, or denial. D. The Director shall adver se for the public hearing at the Planning Commission and the Mayor and City Council in accordance with Sec on 10.3, Public No ce Requirements. E. The Planning Commission shall consider the proposed amendment to the Comprehensive Plan at a public mee ng. 1. The Planning Commission shall evaluate the proposed amendment, considering the issues and recommenda ons contained in the staff report. 2. The Planning Commission shall make a recommenda on to the Mayor and City Council for approval, approval with further modifica ons, or denial. F. The Mayor and City Council shall consider the proposed amendment at a public hearing. 1. The Mayor and City Council shall consider the informa on set forth in the staff report and the recommenda ons of the Planning Commission. 2. The Mayor and City Council may approve, approve with condi ons, defer, or deny the proposed amendment to the Comprehensive Plan. 10.2.11 Community Zoning Informa on Mee ng (CZIM) A. Purpose. The purpose of the Community Zoning Informa on Mee ng (CZIM) requirement is to help educate applicants and neighbors about one another's interests, to a empt to resolve issues in a manner that respects those interests, and to iden fy unresolved issues. B. Applicability. CZIMs are applicant-ini ated mee ngs required to be held for any nonCity-ini ated decisions as required by this chapter. They are encouraged in all cases.. C. Wri en No ce. The applicant or their representa ve is responsible for comple ng all requirements of this sec on. Wri en no ce is required for all CZIMs and shall be sent via cer fied mail to the owners of all proper es that are located within 500 hundred feet of the boundaries of the subject property, as those property owners are listed on the tax records of Henry County. The no ces shall be mailed at least ten (10) days before the date of the CZIM. Wri en no ces shall indicate the nature of the applica on, the street address of the subject property, and the date, me, place and purpose of the mee ng. D. The applicant shall host a mee ng, either virtual or in-person, that is accessible to the general public. E. Summary Report. The applicant shall host the mee ng and submit a summary of the CZIM prior to the public mee ng before the Planning Commission. The summary report shall describe: 1. Efforts to no fy neighbors about the mee ng date, me, and loca on (how and when no fica on occurred, and who was no fied); 2. Mee ng loca on, date, and me; 3. Who was involved in the discussions; 4. Sugges ons and concerns raised by neighbors; and 5. What specific changes to the proposal were considered and/or made as a result of the mee ng. 10.3 Public No ce Requirements All hearings of the Mayor and City Council which involve annexa on, zoning map amendments, text amendments of the UDC, Special Use Permits, major modifica ons of zoning condi ons and/or master plans, appeals, and variances are public and subject to no fica on requirements under the State Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., where applicable. Planning Commission mee ngs shall be open to the public but are not required to be public hearings. 10.3.1 Public No ce Required A. No ce shall be provided by the City for public mee ngs and hearings regarding the following ac ons: 1. Zoning Map Amendment; 2. Special Use Permits; 3. Text Amendments ; 4. Major modifica on of zoning condi ons and/or master development plans; 5. Variances; 6. Cer ficate of Appropriateness; and 7. Tier 2 Waivers. B. All required public no ces shall include the following informa on: 1. Date and me of the public mee ng or public hearing; 2. Place of the public mee ng or public hearing; 3. Loca on of the property being considered; 4. Purpose of the requested ac on; and 5. For requests to amend the official zoning map, the no ce shall include the current and proposed zoning district. C. Forms of no ce required for public hearings may include mailed no ce, published no ce in a newspaper of general circula on, and posted no ce by signs as required by Table 10.3.1, Types of Public No ce for Applica ons below. Table 10.3.1 - Types of Public No ce for Applica ons Proposal Mailed Posted Published CZIM Comprehensive Plan Amendments Y Y Y -- Annexa on Y Y Y -- Rezoning (Map Amendment) Y Y Y Y Modifying Condi ons of Approval (Major)/Master Plan Amendment (Major) Y Y Y Y Special Use Permit Y Y Y Y Variance Y Y Y -- Cer ficate of Appropriateness Y Y Y -- Designa on of a Historic District Y Y Y -- Designa on of a Historic Property or Building Y Y Y -- Legend: 1. Y = Required; 2. “--” = Not Required 10.3.2 Requirements for Publishing Legal Ads A. Upon receipt of a completed applica on, fees, and other informa on required by this Chapter or Chapter 9, Administra ve Development Procedures, the Community Development Director shall cause no ce of such applica on to be published within a newspaper of general circula on within the territorial boundaries of the City of Stockbridge at least 15 but not more than 45 calendar days prior to the date of the public hearing. B. For applica ons to designate a local historic district or to designate a local historic property, no ce of the public hearing shall be published at least ten (10) but not more than 20 days prior to the public hearing as provided in O.C.G.A. § 44-10-26 ("Georgia Historic Preserva on Act"), or as amended. No ce of the public hearing shall be published on at least three (3) occasions prior to the public hearing. 10.3.3 Requirements for Pos ng Signs A. The City shall provide standardized signs for pos ng to provide public no ce of mee ngs and hearings. B. Signs shall be posted as follows: 1. The sign(s) shall be posted in a conspicuous loca on on the property, adjacent to the street, if possible. 2. The sign(s) shall be posted not less than 15 and not more than 45 calendar days prior to the date of the public hearing. For applica ons to designate a local historic district or to designate a local historic property, signs shall be posted not less than ten (10) but no more than 20 days before the public hearing. 3. If the property proposed for rezoning does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street that provides access to the site. C. Any City-ini ated request shall be exempt from these posted no ce requirements of this sec on unless otherwise required by the State statute referenced in Sec on 10.3.5, Addi onal No ce Required. 10.3.4 Mailed No ces A. Mailed no ce shall be provided to all adjacent property owners who own property within 500 hundred feet of the boundary line of the subject property, including those across public rights-of-way, at least 15 but not more than 45 calendar days prior to the public hearing for all variances, special use permits, modifica ons, amendments to the official zoning map, and cer ficates of appropriateness. Addi onally, no ce shall be sent to the subject property owner(s). Said adjacent property owner mailed no ces shall be mailed by the applicant, and the applicant shall provide the Community Development Director proof of mailing. B. How Property Addresses are to be Obtained. 1. Mailing addresses for property owners shall be obtained from the most recent tax digest available from the office of the Henry County Board of Assessors. 2. The Community Development Director shall prepare the content of the no ce and be responsible for its mailing, unless otherwise required by the applica on process. 10.3.5 Addi onal No ce Required When any of the following ac ons are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for addi onal requirements. A. City-ini ated rezoning and/or text amendment to revise a zoning classifica on related to single-family residen al uses of property so as to authorize mul family uses of property pursuant to such classifica on or defini ons, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the exis ng zoning requirements of a single-family residen al zoning; or B. Halfway drug rehabilita on center, or other facility for the treatment of drug dependency; or C. Annexa on. 10.4 Procedures for Conduc ng Public Hearings 10.4.1 Rules of Procedure The following rules of procedure in compliance with O.C.G.A. § 36-66-5 shall govern public hearings before the Planning Commission and the Mayor and City Council. A. Each person speaking before Mayor and Council shall iden fy him or herself by name, address, and state whether the applicant is owner or agent for the owner. B. Each applicant or other interested party who submits documents at the hearing shall have each document numbered and shall iden fy each document. Each document submi ed shall be made a part of the official record of the hearing. C. Time Allo ed for Tes mony 1. Each applicant shall have ten (10) minutes to present data, evidence, and opinions that are per nent to the applica on. A por on of this me may be saved for rebu al. 2. Persons who are in opposi on shall have a total of ten (10) minutes to address the board. Persons who are in support shall have a total of ten (10) minutes to address the board. Each person shall provide the Community Development Director with his or her name and address. 3. Addi onal me may be granted equally to the applicant and opponents at the discre on of the Mayor or the chair of the Planning Commission. D. At the conclusion of a hearing by the Planning Commission, the board chair shall announce its recommenda on, as required, and instruct the Community Development Director to no fy the applicant of such decision or recommenda on in wri ng. The no fica on shall be made a part of the record on the date wri en no fica on is given to the applicant. E. At the conclusion of a hearing by Mayor and Council, the Mayor and Council may take the following ac ons: 1. Approve the applica on. 2. Approve the applica on with condi ons. 3. Deny the applica on. 4. Con nue or postpone their delibera ons for rendering their decision to a certain date. 5. Remand ma ers to the Planning Commission for addi onal review and recommenda on if the nature of the request has substan ally changed. F. Mayor and City Council shall announce its decision and instruct the Community Development Director or their designee to no fy the applicant of the decision in wri ng. The wri en no fica on shall immediately be entered on the minutes and made a part of the record on the date such wri en no fica on is given to the applicant. 10.4.2 Addi onal Hearing Requirements When any of the following ac ons are proposed, reference the Georgia Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq., for addi onal requirements: A. City-ini ated rezoning and/or text amendment to revise a zoning classifica on related to single-family residen al uses of property so as to authorize mul family uses of property pursuant to such classifica on or defini ons, or to grant blanket permission, under certain or all circumstances, for property owners to deviate from the exis ng zoning requirements of a single-family residen al zoning; or B. Halfway house, drug rehabilita on center, or other facility for the treatment of drug dependency; or C. Annexa on. 10.5 Requirements for Development(s) of Regional Impact A. A proposed development that meets or exceeds thresholds established by the Georgia Department of Community Affairs (DCA), Atlanta Regional Commission (ARC), and Georgia Regional Transporta on Authority (GRTA) for a Development of Regional Impact (DRI) shall be reviewed according to the procedures in Chapter 110-12-3, Rules of the Department. B. When a development mee ng the threshold standards established by the DCA, ARC, and GRTA is proposed, the City shall take no ac on (including ac ons by the director, Planning Commission, or Mayor and City Council) concerning the development un l the DRI review process is completed. C. Upon receipt of a request for ac on related to a project that meets or exceeds the thresholds established for that development category, the City of Stockbridge may request that the applicant submit addi onal informa on about the project using forms available from DCA. D. Upon determina on that the proposed development is not a DRI, the City may process applica ons using procedures that are set forth in this UDC. E. Upon conclusion of the DRI review, the City may con nue with review and decisionmaking procedures as set forth in this UDC. 1. The City is encouraged to include the public findings and comments regarding the proposed DRI project in considering ac ons on the applica on for project approval. 2. Where the project received a nega ve public finding and the City approves the project, the City shall no fy the DCA, indica ng any condi ons that have been placed on the project to mi gate the nega ve finding. 3. The Director shall submit applica ons for DRI review to the DCA. 10.6 Requirements for Designa on of Historic Districts and Proper es A. Requirements. No ordinance designa ng any historic property, historic district, or expansion of a historic district may be adopted unless all requirements of this Sec on have been met. B. Criteria. 1. Historic District. The property or proper es to be reviewed for inclusion into the historic district or designa on of a new historic district shall meet two or more of the following criteria: a. Has special character or special historic/aesthe c value or interest; b. Represents one or more periods, styles or types of architecture typical of one or more eras in the history of the municipality, county, state or region; and c. Causes such area, by reason of such factors, to cons tute a visibly percep ble sec on of the municipality or County. 2. Historic Property or Building. The property or building to be reviewed for designa on shall meet two or more of the following criteria: a. It is an outstanding example of a structure representa ve of its era; b. It is one of the few remaining examples of a past architectural style; c. It is a place or structure associated with an event or persons of historic or cultural significance to the City of Stockbridge, State of Georgia, or the region; or d. It is the site of natural or aesthe c interest that is con nuing to contribute to the cultural or historical development and heritage of the municipality, County, State or region. C. Official Applica on. 1. Applica ons for the expansion or designa on of a historic district may be proposed by the Mayor and City Council, the Historic Preserva on Commission, a historical society, neighborhood associa on, or property owners. 2. An applica on to amend the text of the UDC shall be submi ed on forms provided by the City. 3. Prior to submi al of an applica on for rezoning, the applicant shall have par cipated in the pre-applica on conference. 4. Applica ons shall, at a minimum, include the following informa on: a. Descrip on of the proposed property, proper es, or building; b. Proposed boundary of the historic district; c. Evalua on of proper es within a historic district as contribu ng or noncontribu ng; d. List the name(s) of the owner(s) of the property, proper es, or building; e. Representa ve photographs of proper es within the historic district; f. Require that a Cer ficate of Appropriateness be obtained from the Commission prior to any material change in appearance of the designated property; and g. Require that the property or district be shown on the official zoning map of the City of Stockbridge and be kept as a public record to provide no ce of such designa on. D. The Director shall adver se for the public hearing at the Mayor and City Council in accordance with Sec on 10.3, Public No ce Requirements. E. Decision-Making Process 1. Historic Preserva on Commission Recommenda on a. The Historic Preserva on Commission shall make or cause to be made an inves ga on and shall report on the historic, cultural, architectural, or esthe c significance of each place, district, site, building, structure, or work of art proposed for designa on or acquisi on. No less than 30 days prior to making a recommenda on on any ordinance to designate a property, building, or district, the Historic Preserva on Commission must submit the report to the Department of Community Affairs or its successor. b. A recommenda on to affirm, modify, or withdraw the proposed ordinance for designa on shall be provided to City Council within 15 days following the public hearing. 2. Mayor and Council Decision a. Upon receipt of a recommenda on from the Historic Preserva on Commission, the City Council may adopt the ordinance as proposed, with any amendments they deem necessary, or reject the ordinance. F. Adop on. Within 30 days immediately following the adop on of the ordinance, the owners and occupants of each designated historic property or building and the owners and occupants of each structure, site, or work of art located within a designated historic district shall be given wri en no fica on of such designa on by the City Council, which no ce shall apprise said owners and occupants of the necessity for obtaining a Cer ficate of Appropriateness prior to undertaking any material change in the appearance of the historic property or building designated or within the historic district designated. This no ce shall be provided in accordance with Sec on 10.3.4, Mailed No ces. 10.7 Zoning of Annexed Property with Common Zoning Classifica on Property which has been annexed from Henry County into the City shall be automa cally zoned by the City through the opera on of this sec on for the same use for which the property was zoned immediately prior to annexa on, so long as the City and county zoning ordinances share a common zoning classifica on for such use. As provided under O.C.G.A. § 36-66-4(e), a zoning ac on taken pursuant to this sec on shall exempt the City from the no ce and public hearing requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. Property which was zoned pursuant to this sec on may later be rezoned upon compliance with the requirements of the Zoning Procedure Law, O.C.G.A. § 36-66-1 et seq., and the zoning amendment procedures under this Code. 10.8 Waivers A. Applicability. The waiver permits specified minor devia ons from the zoning ordinance, as provided in the various ar cles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve prac cal difficul es in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow the circumven on of the intent of this Code. There are two (2) ers of waiver requests defined herein. B. Authorized Waiver Requests. 1. Tier 1. Tier 1 waivers are minor in nature and are intended to solve minor issues that arise from the applica on of the Code during building and site design and development. a. Reduce width of any dimensional standard for any architectural standard in Sec on 4.4, Architectural Guidelines by up to 20%. b. Reduce width of any dimensional standard for any street or streetscape standard by up to 20%, but in no case shall the sidewalk be reduced to less than five (5) feet wide. c. Reorder the landscaped strip, sidewalk, and building zones or relocate improvements and ameni es among them (e.g., reloca ng trees to building zones). d. Allow changes in frequency of improvements in the landscaped strip, sidewalk, and building zones in Sec on 4.3.10, Streetscape Standards by up to twenty percent (20%) (e.g., increase the separa on of bicycle racks from two hundred fi y (250) to three hundred fi y (350) feet). 2. Tier 2. Tier 2 waivers are more significant requests that would result in a more substan al departure from the Code requirements. a. Reduce width of any dimensional standard for any street or streetscape standard by any amount. b. Reduce, alter, or eliminate any standards in Sec on 4.4, Architectural Guidelines. c. Reduce, alter, or eliminate any standards in Sec on 4.3.10, Streetscape Standards. d. Reduce, alter, or eliminate any standards in Sec on 13.7, Buffer Requirements. e. Reduce, alter, or eliminate any standards in Sec on 13.8, Landscape Requirements. f. Reduce, alter, or eliminate any standards in Chapter 5, Parking. C. Authority to File. Applica ons for waivers may be filed by the owner of the subject property or the property owner's authorized agent. D. Pre-Applica on Mee ng. A pre-applica on mee ng with the Community Development Department is required for all waiver requests. E. Tier 1 and Tier 2 No ce. 1. Tier 1 Waivers a. Posted no ce (signs) shall be posted for a minimum of ten (10) days before a decision is rendered and in a conspicuous place on the subject property to no fy the public and adjacent property owners of a request for a Tier 1 waiver. b. Each no ce shall provide the following informa on: i. Purpose of request. ii. Loca on of property. c. Members of the public wishing to support or oppose a request for Tier 1 waiver shall file their comments in wri ng with Community Development Department. The deadline for acceptance of comments is ten (10) days a er no ce was posted. 2. Tier 2 Waivers. Tier 2 waivers require a public hearing. a. The Director shall adver se for the public hearing at the Mayor and City Council in accordance with Sec on 10.3, Public No ce Requirements. F. Decision-Making Process. 1. Tier 1 Waivers a. Upon receipt of a complete Tier 1 waiver applica on, the Community Development Department shall review the proposal and prepare an analysis. b. At least 30 days from the submi al of a complete applica on, the Community Development Director shall act to approve the Tier 1 waiver, approve the Tier 1 waiver with condi ons, or deny the Tier 1 waiver based on the applicable review and approval criteria in accordance with this Sec on. The Community Development Director is also authorized to allow the applicant to withdraw the Tier 1 waiver without prejudice. 2. Tier 2 Waivers a. Staff Review. Upon receipt of a complete Tier 2 waiver applica on, the Community Development Department shall review the proposal and prepare an analysis and recommenda on for considera on by the Planning Commission. b. Planning Commission Recommenda on. The Planning Commission shall hold a public mee ng on the Tier 2 waiver applica on. The Planning Commission shall act to recommend that the Tier 2 waiver be approved, approved with condi ons, or denied based on the applicable review and approval criteria of this Sec on. The Planning Commission may also recommend deferral of the applica on, or, upon request of the applicant, may recommend withdrawal of the applica on without prejudice. c. Mayor and Council Decision. Upon receipt of a recommenda on from the Planning Commission, the Mayor and City Council shall review the Tier 2 waiver applica on. The Mayor and City Council shall act to approve the Tier 2 waiver, approve the Tier 2 waiver with condi ons, or deny the Tier 2 waiver based on the applicable review and approval criteria of this sec on. The Mayor and City Council is also authorized to withdraw the Tier 2 waiver without prejudice. G. Review and Approval Criteria. The Director may authorize Tier 1 waivers, and the Council may authorize Tier 2 waivers from the provisions of this zoning ordinance based on considera on of the following criteria: 1. Features such as topography, high frequency transmission lines, exis ng trees of specimen or significant quality, underlying rock, or other condi on outside the owner's control to the extent that strict adherence to said requirements would be unreasonable and not consistent with the purposes and goals of this Code; 2. Alterna ve streetscape or building/facade design configura ons are provided; and 3. Proposal will not result in any detriment to the public good, including, without limita on, detriment to the interest of the public, and will not result in any harm to the health, safety, or welfare of the City or the general public. H. Successive Applica ons. If a waiver applica on is denied, an applica on to waive the same zoning ordinance provision for the same por on of the subject property may not be resubmi ed for one (1) year from the date of the denial. I. Appeals. See Sec on 11.3, Appeals of Administra ve Decisions for Tier 1 waivers and Sec on 11.4, Appeals of Final Ac on by the Mayor and City Council for Tier 2 waivers. J. Amending Condi ons. A request for changes in condi ons of approval a ached to an approved waiver shall be processed as a new waiver applica on in accordance with the procedures of this division, including the requirements for fees, no ces, and hearings. CHAPTER 11: VARIANCES AND APPEALS 11.1 Variances A. A variance may be granted where owing to special condi ons, a literal enforcement of the provisions of this unified development code will in an individual case result in unnecessary hardship. B. A variance shall observe the spirit of this unified development code, secure public safety and welfare, and deliver substan al jus ce. C. The existence of a nonconforming use on adjacent or nearby property shall not cons tute a jus fica on for gran ng a variance. D. The Planning Commission shall make recommenda ons to the Mayor and City Council which shall have the authority to render a decision on a variance applica on pursuant to the requirements set forth in this chapter. 11.1.1 Limita ons on Power to Grant Variances A. Variances shall be limited to dimensional relief and no variance shall be granted that would result in any of the following situa ons to: 1. Allow a structure, building, or use not permi ed by this Code or not permi ed in the zoning district in which a given property is located. 2. Allow an increase in maximum building height. 3. Waive, vary, modify, or otherwise override a condi on of approval a ached to a quasi-judicial or legisla ve land use decision. 4. Reduce, waive, or modify in any manner the minimum lot area or lot width required for the zoning district in which a given property is located. 5. Allow the reestablishment, expansion, or enlargement of any nonconforming use that has been abandoned or otherwise no longer has lawful nonconforming status. 11.1.2 Criteria for Variances A. The Community Development Director, Planning Commission, and Mayor and City Council shall consider and find in the affirma ve that all the following criteria are met in determining whether a variance shall be approved: 1. Extraordinary and excep onal circumstances which are peculiar to the property due to its size, shape, or topography that are not common to other proper es in the same zoning district; 2. A literal interpreta on of the provisions of this unified development code would deprive the applicant of rights commonly enjoyed by owners of other proper es located in the same zoning district, resul ng in unnecessary and undue hardship on the applicant; 3. Gran ng the variance requested will not confer upon the property owner any special privileges that are denied to other owners of property in the same zoning district; 4. The variance will be consistent with the intent of this unified development code and the Comprehensive Plan and shall not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare; 5. The extraordinary circumstances are not the result of ac ons of the applicant; and 6. The variance, if granted, is the minimum relief necessary to make possible the reasonable use of land, buildings or structures. 11.1.3 Requirements for Authorizing a Variance A. A variance shall be ini ated by an applica on from a property owner or on behalf of a property owner. An applica on for a variance must be completed and submi ed on standardized forms approved by the City. All applica ons shall be filed and completed as specified on the applica on form. B. All fees associated with an applica on for a variance must be paid in full prior to processing. C. Applica ons will be submi ed to the Community Development Department and checked for completeness. An applica on is determined to be complete if all required informa on and documents have been prepared in accordance with the specific applica on requirements outlined in this Chapter and noted in the applica on materials. D. Once an applica on has been deemed to be complete, the Community Development Director shall transmit the applica on and no fy the applicant that the applica on is complete. The applica on shall then be placed on the next available agenda of the Planning Commission, and the Community Development Director shall oversee prepara on of a staff report for the requested variance. The Community Development Director shall also publicly adver se all public hearings to be held for the requested variance in accordance with this UDC and State regula ons. E. Incomplete applica ons shall not be accepted for review. If an applica on is determined incomplete, the applicant shall be no fied of the addi onal informa on that is required to process and review the applica on. 11.1.4 Planning Commission Recommenda on A. The Planning Commission shall hold a public hearing for an applica on for a variance. Following the public hearing, the Planning Commission shall issue an advisory recommenda on for the requested variance. 1. The recommenda on shall be to approve, approve with condi ons, deny, or table the subject request. This recommenda on shall be forwarded to the Mayor and City Council prior to their public hearing on the subject request. 2. If the Planning Commission does not issue a recommenda on within 45 calendar days following the public hearing for a given variance request, the Commission shall be considered to have recommended approval of the applica on. 11.1.5 Mayor and City Council Decision A. Following the issuance of a recommenda on by the Planning Commission, the Mayor and City shall hold a public hearing for an applica on for a variance. B. Following their public hearing on the ma er, the Mayor and City Council shall cast a decision on an applica on for a variance. The final decision is not required to align with the recommenda on of the Planning Commission. 1. The final decision, as issued by the Mayor and City Council, shall be to approve, approve with condi ons, or deny the subject request. 2. The Mayor and City Council may table the variance applica on to a future public mee ng if there are evolving or uncertain factors that hinder their ability to cast a definite decision at the me. 11.2 Administra ve Variances A. The purpose of an administra ve variance is to provide the applicant with the minimum amount of relief necessary to avoid unnecessary hardship. B. The Director shall have the power to approve a variance from site design and development standards of this unified development code where the intent of this unified development code can be achieved, equal performance obtained, and the administra ve variance would not override condi ons of zoning adopted by the Mayor and City Council. The authority to grant a variance shall be limited to the instances provided herein. 1. A reduc on of the minimum front, side, or rear yard building setback for a lot of record, provided the following standards are sa sfied: a. The building setback reduc on is necessary due to geologic condi ons, unusual topography, or Tree Protec on challenges peculiar to the subject property pursuant to Chapter 13, Buffers, Landscaping, and Tree Protec on of this UDC. b. The building setback reduc on is limited to a maximum devia on of ten percent (10%) from the minimum code requirement. 2. A reduc on or increase of the minimum parking requirements for a par cular land use, provided the following standards are sa sfied: a. The subject property would not contain fewer than ten (10) parking spaces, including at least one (1) ADA accessible space, as a result of the administra ve variance. b. The reduc on of minimum parking spaces required is limited to a maximum devia on of ten percent (10%) of the code requirement. c. An increase in the maximum required parking space quan ty by greater than ten percent (10%) of the Code requirement if the subject site is undeveloped or contains fewer than ten (10) parking spaces at the me of the request. d. An increase in the maximum required parking space quan ty by greater than 20% of the Code requirement if the subject site is developed and contains ten (10) or more parking spaces at the me of the request. 3. A waiver from Chapter 5, Parking requiring a dust free parking surface may be issued by the director provided the parking area consists of a pervious or semipervious materials mee ng the following standards: a. There shall be a paved primary lot that serves the parking needs of customers and employees on a regular basis. Unpaved parking spaces may not count toward the parking requirements outlined in Sec on 4.8 with the excep on of spaces dedicated to employees of the business. b. Materials used for unpaved parking shall be approved by the City of Stockbridge Public Works Department prior to installa on. Gravel shall not be an acceptable material for impervious parking areas. c. Unpaved parking areas shall be enclosed by a fence that restricts public access. All gates and locks shall be approved by the City of Stockbridge Fire Department prior to installa on. d. The unpaved parking area shall meet the design standards for parking lots, with the excep on of paving requirements, and including size of spaces, drive aisles, maneuvering areas, and stormwater management. e. A paved driveway leading to the unpaved parking area that is a minimum of 24 feet in length shall be provided. f. Unpaved parking areas are subject to the landscaping provisions, including the provision that all landscaping be permanently maintained. Surfaces must remain grass and weed free. 4. No administra ve variance shall be issued that outright eliminates a requirement development standard. 11.3 Appeals of Administra ve Decisions A. The Mayor and City Council shall hear and decide appeals where it is alleged by the appellant that there is error in any approval, denial, wri en interpreta on, or decision made by the Director of the Community Development Department, based on the interpreta on or enforcement of the unified development code. B. Only persons or en es that are aggrieved by an ac on shall be permi ed to file an appeal under this Code sec on. C. A no ce of appeal under this Sec on shall be applied for pursuant to the following: 1. A no ce of appeal shall be filed within 30 calendar days following the decision or determina on that is the subject of the appeal. 2. An appeal shall be made by filing a wri en no ce with the Director of Community Development, specifying the grounds of the appeal and the alleged errors in the decision or interpreta on made by the Community Development Department. 3. When applicable, the appellant shall cite the specific sec on(s) of the unified development code per nent to the administra ve appeal request. 4. A no ce of appeal shall be considered filed when a complete no ce of appeal is delivered to the Director. D. The Director shall cause for the appropriate departments to be no fied that an appeal applica on and the requisite fees have been filed and shall forward those documents to the appropriate department head and/or his or her designee for handling. 1. The Mayor and City Council shall hold a public hearing for an applica on for administra ve appeals no later than 30 calendar days following the filing date of a no ce of appeal. The Director shall publicly adver se all public hearings to be held for the requested appeal in accordance with this Code and State regula ons. 2. The Director shall oversee the prepara on of a staff report for the requested administra ve appeal. E. The Mayor and City Council shall render a decision on an applica on for administra ve appeal following a public hearing on the request and the considera on of all tes mony, documentary evidence, and ma ers of record. 1. The decision shall be either to affirm or reverse, wholly or in part, the administra ve decision that is the subject of the appeal request. At the me of mo oning during a public mee ng, the decision shall include a statement of the specific reasons including the proposed findings of fact that support the decision. The findings of fact shall be based on the same evidence received by the first decision maker. 2. The reversal of an administra ve decision, in whole or in part, shall be sustained only upon an expressed finding by the Mayor and City Council that the decision by the Director was based on an erroneous finding of a material fact, or that the Director acted in an arbitrary manner. 3. If a mo on to reverse or modify is not made within 30 calendar days following the public hearing for an administra ve appeal, or such mo on fails to receive the affirma ve vote of a majority of the members present, then the appeal shall be denied. F. The filing of a complete no ce of administra ve appeal stays all proceedings in furtherance of the ac on appealed. Proceedings shall not be stayed if it is determined by the Director that a stay would cause imminent peril to life or property, or that the viola on is transitory in nature, or that a stay would interfere with the enforcement of this Code or other regula ons. 1. An appeal shall stay only those proceedings that involve the subject of the appeal. G. The filing on an appeal does not stop the accruing of assessed civil penal es, if any. 11.4 Appeals of a Final Ac on by the Mayor and City Council A. All appeals of final decisions of the Mayor and City Council shall be as follows: 1. An appeal of the final decision of the Mayor and City Council under this Chapter may be taken by the applicable processes as stated in O.C.G.A. § 36-66-5.1. 2. If an appeal is being made by way of pe on for review to the superior court where the property lies, in accordance with both O.C.G.A. § 36-66-1 et seq., and as provided for in Chapter 4, Title 5 of the Official Code of Georgia Annotated, any pe on may be served through the City Manager or Mayor on behalf of the lower judiciary body being appealed, or on behalf of the city. CHAPTER 12: VIOLATIONS, PENALTIES, AND ENFORCEMENT 12.1 Authority The City of Stockbridge and the Community Development Department (and their designee) shall be designated to enforce the provisions, regula ons, and intent of this Code. All remedies and enforcement shall comply with the powers set forth in all applicable State of Georgia laws. 12.2 Inspec ons Inspec ons and enforcement authority outlined herein shall apply to the Community Development Director. 12.2.1 Right of Entry A. Upon presenta on of City iden fica on to the developer, contractor, owner, owner’s agent, operator or occupants, City employees authorized by the Community Development Director shall be permi ed to enter during all reasonable hours, or outside reasonable hours, in the event of any emergency threatening life or property, any public or private property for the purpose of: 1. Making inspec ons to determine compliance with the provisions of this UDC during the open period of any land development, building permit, or other open quasi-judicial or zoning decision. 2. Making inspec ons to determine compliance with the provisions of this UDC. Where consent is not given to entry, such City employees may seek a warrant to secure entry to the premises B. If a property or facility has security measures in force, which require proper iden fica on and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the Community Development Director. C. The owner or operator shall allow the Community Development Director ready access to all parts of the premises for the purposes of inspec on, inves ga on, observa on, monitoring, measurement, recording, enforcement, sampling and tes ng, photography, and videotaping for ensuring compliance with the provisions of this UDC. The owner or operator shall allow the Community Development Director to examine and copy any records that are required under the condi ons of any permit granted under this UDC. D. Any temporary or permanent obstruc on to safe and easy access to the premises, property, or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the wri en or oral request of the Community Development Director and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator. E. Unreasonable delays in allowing the Community Development Director access to a facility, property, or premises shall cons tute a viola on of this UDC. F. If the Community Development Director has been refused access to any part of a premises, property, or facility and the Community Development Director is able to demonstrate probable cause to believe that there may be a viola on of this UDC, or that there is a need to inspect and/or sample as part of a rou ne inspec on and sampling program designed to verify compliance with this UDC or any order issued hereunder, or to protect the overall public health, safety, environment, and welfare of the City, then the Community Development Director may seek issuance of an inspec on warrant from the magistrate court. G. The Community Development Director may determine inspec on schedules necessary to enforce the provisions of this UDC. 12.2.2 Inspec on Warrants A. The Community Development Director, in addi on to other procedures provided, may obtain an inspec on warrant for the purpose of inspec on or inves ga on of condi ons rela ng to the enforcement of this UDC or observa on, measurement, sampling, or tes ng with respect to the provisions of this UDC. B. Inspec on warrants may be issued by the magistrate court when the issuing judge is sa sfied that the department has established by oath or affirma on that the property to be inspected is to be inspected as a part of a legally authorized program of inspec on that includes the property or that there is probable cause for believing that there is a condi on, object, ac vity, or circumstance which legally jus fies such an inspec on of the property. C. An inspec on warrant shall be issued only if it meets the following requirements: 1. The warrant is a ached to the affidavit required to be made in order to obtain the warrant; 2. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspec on is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspec on; 3. The warrant indicates the condi ons, objects, ac vi es, or circumstances which the inspec on is intended to check or reveal; 4. The warrant refers, in general terms, to the code provisions sought to be enforced; and 5. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspec on is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspec on; 12.3 Enforcement A. Inspec ons and enforcement authority outlined herein applies to the Community Development Director. B. It is the duty of the Community Development Director to enforce the provisions of this Sec on. C. In addi on, it is the duty of all officers and employees of the City, especially members of the Code Enforcement and Police Department, to assist the Community Development Director by repor ng any seeming viola ons, including viola ons in new construc on, redevelopment, or land use. D. Failure to Obtain a Permit. If any person commences any ac vity requiring a permit as prescribed in this UDC without first obtaining said permit, the person shall be subject to revoca on of his/her business license, work permit, or other authoriza on for the conduct of a business and associated work ac vi es within the jurisdic onal boundaries of the local issuing authority. 12.3.1 Responsibility A. Neither the issuance of a permit nor compliance with the condi ons thereof, nor with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Stockbridge, its officers, or employees, for injury or damage to persons or property. B. Enforcement. If the Director determines that any viola on of this UDC is taking place, or that a condi on of zoning, variance, or other permit or administra ve approvals are not complied with, the Director shall present to the owner, owner’s agent, occupier, or party responsible for such use or ac vity, a no ce of viola on and order the use or ac vity to cease immediately. C. Viola on. The owner of any property or building, or part thereof, shall be responsible for the viola on. Architects, builders, developers, or agents thereof may also be held responsible for the viola on if evidence of their involvement or negligence is found. Ul mately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the findings of the Community Development Director (and their designees). D. Responsibility of Historic Proper es or Buildings. The owner of any historic property or buildings within historic districts shall be responsible for any maintenance or repair to deteriora on by neglect. Such condi ons shall include but not be limited to broken windows, doors and exterior openings which allow the elements and vermin to enter, or the deteriora on of a building's structural system. In the event the owner fails to provide ordinary maintenance or repair, it will be considered a viola on in accordance with this Chapter. 12.3.2 Procedure for Viola ons There shall be a three-step procedure for viola ons of this UDC. These steps are as follows: A. The Community Development Director (and their designees) shall issue a no ce of viola on to the person(s) who has commi ed, in whole or in part, a viola on. The no ce of viola on is a warning to the violator(s) that a viola on has been determined and that it must be corrected within 30 days of the mailing date or pos ng of no ce. The violator will have the opportunity to respond prior to the imposi on of a penalty and further rights as provided in this Sec on. B. The Community Development Director (and their designees) shall issue a no ce of fines and penal es to the person(s) who have commi ed, in whole or in part, a viola on. The no ce of fines and penal es is a cita on that states the fines and penal es for the viola on. The person(s) in viola on will have 15 days to pay said fines and/or comply with the penal es. The person(s) in viola on must correct the viola on within 15 days or face addi onal no ces of fines and penal es. C. If the person(s) in viola on refuses to pay or comply with the penal es, or correct the viola on, a er no ce has been given, the Department of Community Development and/or City of Stockbridge may pursue court ac on through the municipal court. Fines and liens against the property may also be pursued un l the ma er is resolved. 12.3.3 No ce of Viola on A. The wri en no ce of viola on shall at least contain the following informa on: 1. The name and address of the owner or responsible person; 2. The address or other descrip on of the site upon which the viola on is occurring; 3. A descrip on of the nature of the viola on; 4. A descrip on of the remedial ac ons or measures necessary to bring an ac on or inac on into compliance with a permit, approved plan or this UDC; 5. The deadline or comple on date of any such remedial ac ons or measures, to consist of not less than 30 days, except that in the event the viola on cons tutes an immediate danger to public health or public safety, 24 hours’ no ce shall be sufficient; 6. A statement of the penalty or penal es that may be assessed against the owner or responsible person to whom the no ce of viola on is directed; and 7. The name and contact informa on of the enforcement officer who dra ed the No ce of Viola on. B. If the viola on has not been corrected within a reasonable length of me, as no ced in the viola on, the owner of the property on which such viola on has occurred or the owner’s agent, occupier, or other party responsible for the viola on shall be subject to the penal es set forth in this Ar cle, provided that the Community Development Director may, at their discre on, extend the me for compliance with any such no ce. C. The Community Development Director also shall have authority to issue a warning no ce prior to issuance of a no ce of viola on. A warning no ce shall be discre onary when circumstances warrant such ac on in the opinion of the Community Development Director and shall, under no circumstances, be required prior to issuance of a no ce of viola on or other enforcement ac on. If issued, a warning no ce shall include all of the requirements set forth in subsec on (a) of Sec on 12.3.3, No ce of Viola on. If a warning no ce has not resulted in correc ve ac on within the me specified in the no ce, or within any me limit as extended by the Community Development Director, said Director may proceed with a no ce of viola on or other authorized enforcement ac on. D. The Community Development Director also shall have the authority to extend the originally issued deadline for compliance by up to six (6) months, if it is established to the Community Development Director’s sa sfac on that the responsible party is: 1. Ac ng in good faith to comply with the no ce by taking incremental ac on to remedy the situa on; and 2. Is unusable to comply with the original deadline presented due to financial, medical, or legal hardship, or another extenua ng circumstance. 12.3.4 Immediate Public Risk Viola ons Any viola on of this Code which presents an immediate risk to the health, safety, or welfare of the public, or to property within the City of Stockbridge may be corrected by the Community Development Director (and their designees), without prior no ce to the property owner or other person responsible for the viola on. A. Immediate public risk viola ons shall include: 1. Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in viola on of this UDC. 2. Any sign, structure, landscaping, or other material located on private property which serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public. 3. Any other immediate threat to public welfare as determined by the Community Development Director (and their designees), City Police Department, City Fire Department, and/or other City departments. B. The Community Development Director (and their designees) shall provide no ce to the owner of the property upon which the viola on was located, or any discernible appropriate owner of materials placed within the right-of-way in viola on of this Code, by either placing a no ce in a conspicuous place on the property or by le er. 1. The no ce shall be sent to the property owner via cer fied mail within 24 hours of the seizure. 2. The no ce shall include the following: a. A descrip on of the materials seized; b. A cita on of the sec ons of the UDC which were violated and the characteris cs of the viola on which posed an immediate threat to public welfare; c. The address and phone number of the Department of Community Development and the name of the person to be contacted by the property owner to discuss the viola on and request the return of the seized item; and d. Instruc ons describing how, where, and when the seized items may be claimed. C. The Community Development Director (and their designees) shall store any sign, structure, landscape materials or other items seized in a secure loca on for a period of no less than 30 days from the date no ce was provided to the property owner. The property owner may claim the seized property at any me following its seizure upon the payment of a twenty-five dollar ($25.00) fine and the establishment of a memorandum of agreement between the property owner and Community Development Director (and their designees) regarding the future use of the item in a manner consistent with this UDC. D. Neither Community Development Director (and their designees), the building inspector, or any other official or en ty involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken. 12.4 Stop Work Orders and Revoca ons The Community Development Director may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect un l the applicant or other responsible person has taken the remedial measures set forth in the no ce of viola on or has otherwise cured the viola on or viola ons described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such viola on or viola ons. 12.4 Other Enforcement In the event the remedial measures described in the no ce of viola on have not been completed by the date set forth for such comple on in the no ce of, any one or more of the following ac ons may be taken against the person to whom the no ce of viola on was directed. Before taking any of the following ac ons, the Community Development Director shall first no fy the applicant or other responsible person in wri ng of its intended ac on as provided in Sec on 12.3.3, No ce of Viola on. In the event the applicant or other responsible person fails to cure such viola on a er such no ce and cure period, the Community Development Director may take any one or more of the following ac ons or impose any one or more of the penal es provided in Sec on 12.6, Penal es for viola ons: A. Withhold Cer ficate of Comple on/Occupancy. The Community Development Director may refuse to issue a cer ficate of comple on/occupancy for the building or other improvements constructed or being constructed on the site un l the applicant or other responsible person has taken the remedial measures set forth in the no ce of viola on or has otherwise cured the viola ons described therein. B. Suspension, Revoca on, or Modifica on of Permit. The Community Development Director may suspend, revoke or modify the permit authorizing the project. A suspended, revoked or modified permit may be reinstated a er the applicant or other responsible person has taken the remedial measures set forth in the no ce of viola on or has otherwise cured the viola ons described therein, provided such permit may be reinstated (upon such condi ons as the Community Development Director may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such viola ons. C. Bond Forfeiture. The Community Development Director may forfeit a bond, if required to post one. The City may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site and bring it into compliance. 12.6 Penal es for Viola ons The Community Development Director by mandatory injunc on in the city municipal court against the owner or possessor of the real estate, may require the removal of a structure erected in viola on of this Code, or the removal of any use or condi on in viola on of this Code. A. Civil penal es. Where authorized by statute, in the event the applicant or other responsible person fails to take the remedial measures set forth in the no ce of viola on or otherwise fails to cure the viola ons described by the specified deadline or comple on date, the City may impose a penalty not to exceed $1,000 (for each day the viola on is not remedied a er the specified deadline or comple on date). B. Criminal penal es. The Police Department or Community Development Director may issue a cita on to the applicant or other responsible person, requiring such person to appear in the magistrate court of the City to answer charges for such viola on. Upon convic on, a fine not to exceed $1,000, except where authorized by law, or imprisonment for 60 days, or both shall punish such person. Each act of viola on and each day upon which any viola on shall occur shall cons tute a separate offense. Nothing in this UDC shall require issuance of no ce of viola on or stop work order prior to the issuance of a cita on. 12.7 Appeals or Trials A. Any person receiving a no ce of viola on and/or fines and penal es may appeal the viola on and/or fine to the City municipal court. A wri en statement from the person in viola on, giving no ce of the filing of an ac on with a court, shall be submi ed to the Community Development Director (and their designees) via cer fied mail at least thirty (30) days prior to the date any fine is due. B. Fines due will be postponed un l the court of jurisdic on have made a ruling as to the viola on and/or fine. Failure to meet these deadlines will reinstate all fines due by the person(s) in viola on. C. No addi onal no ces will be issued by the Community Development Director (and their designees) if the person(s) in viola on has (have) submi ed an appeal or no ce of court review. 12.8 Enforcement, Remedies, or Injunc ve Relief The Community Development Director (and their designees) may bring an ac on in the City municipal court to invoke any legal, equitable, or special remedy, for the enforcement of any code or regula on, and its subsequent amendments. CHAPTER 13: BUFFERS, LANDSCAPING, AND TREE PROTECTION 13.1 General A. Findings. Whereas, The City of Stockbridge finds that trees and associated vegetation provide substantial public benefits and that their preservation and management are essential to protecting the public health, safety, welfare, environmental quality, and economic vitality of the community. Trees contribute to Stockbridge in the following ways: 1. Public Health and Air Quality. Trees produce oxygen essen al to human and animal life and improve air quality by absorbing carbon dioxide and intercep ng dust, par culate ma er, and airborne pollutants. Addi onally, trees sequester carbon and contribute to long-term ecological balance, resource stewardship, and community sustainability. 2. Stormwater Management and Water Quality Protec on. Trees and their root systems reduce soil erosion, increase stormwater infiltra on, decrease runoff and sedimenta on, improve water quality, and enhance the natural func ons of streams, floodplains, and related buffers, suppor ng infrastructure sustainability. 3. Wildlife Habitat and Biodiversity. Trees and understory vegeta on provide food, shelter, and movement corridors for wildlife, suppor ng biodiversity and overall ecosystem health. 4. Preserva on of Mature Tree Canopy. Exis ng mature trees provide the greatest ecological benefits, including shading, habitat value, stormwater absorp on, and carbon storage, and therefore warrant priority for preserva on during development ac vi es. 5. Scenic Quality and Community Character. Trees so en the visual impact of development, streets, and infrastructure, enhance scenic beauty, and contribute to the unique iden ty and natural character of the City of Stockbridge. 6. Noise, Glare, and Land Use Compa bility. Trees and landscaping provide effec ve screening and buffering between dissimilar land uses, reducing noise, glare, wind, and visual impacts, and promo ng a healthy, livable environment. 7. Protec on of Public and Private Infrastructure. Proper planning, placement, and maintenance of trees minimize conflicts with buildings, u li es, streets, and other infrastructure while maximizing long-term environmental and economic benefits. 8. Temperature Modera on. Tree canopy provides shade and cooling that reduces urban heat, moderates air temperatures, and supports long-term public health by mi ga ng the impacts of extreme heat and climate variability 9. Economic Value and Property Enhancement. Well-preserved and though ully planted trees enhance property values, support economic ac vity, and improve the visual character and marketability of real property. B. Purpose 1. The City of Stockbridge City Council hereby finds that the preservation of existing trees is a public purpose that protects the public health, safety, general welfare, and aesthetics of Stockbridge and all its citizens. The purpose of these standards is to facilitate the preservation, planting, and/or replacement of trees and to prevent the indiscriminate removal of trees in the city without denying the reasonable use and enjoyment of real property as a part of land development in the city. 2. These standards establish requirements for tree preservation and protection during land development and construction, prevent unnecessary loss of mature trees through clear‑cutting and mass grading, ensure appropriate replanting when tree removal occurs, and protect trees during public and private construction activities to support the quality of life in the City. 13.2 Applicability A. The terms and provisions of this Chapter shall apply to: 1. All real property in the City of Stockbridge city limits except as otherwise provided in this Chapter. 2. Any residential or non-residential development which requires the issuance of a land disturbance permit, development permit, or building permit, except as otherwise provided in this Chapter. 3. Development on any City-owned property, including property owned by city agencies, boards, and authorities, except as otherwise provided in this Chapter. B. No tree or protected landscape feature shall be removed, damaged, or otherwise impacted except in full compliance with the requirements set forth herein. 13.3 Exemp ons A. The following shall be exempt from the provisions of this chapter: 1. The removal of five (5) or fewer trees, other than specimen trees, on any singlefamily residen al property, within a single calendar year. 2. The removal of more than (5) trees, other than specimen trees, from an owneroccupied, single-family lot may be approved by the director if the owner must remove trees to build a newly permi ed structure, or to build an addi on to or make improvements to an exis ng structure where the tree is a physical detriment to the structure, or to improve the health of other trees in the landscape. 3. Zonings condi oned to a specific site plan prior to adop on of the tree protec on ordinance, provided that said zoning contains specific condi ons for both tree preserva on and tree replacement. 4. The removal of trees found to be diseased, or insect infested by the Henry County extension service, the State forestry commission, a cer fied arborist, or urban forester. 5. The removal of structurally declining trees as determined by the Henry County extension service, the State forestry commission, an cer fied arborist, or urban forester. 6. The removal of trees from hor cultural proper es, such as farms, nurseries, or orchards. This exemp on shall not include tree harves ng. 7. The removal of any dead, dying, or hazardous (DDH) tree which has become, or threatens to become, a danger to human life or property. The owner/developer, prior to removal of the DDH tree(s), shall provide a report from a professional arborist to the director prior to tree removal. This report shall iden fy the condi ons of the tree(s) that necessitate removal. However, in the case of immediate danger to life and property the tree may be taken down and an inspec on requested to verify the condi on of the tree. 8. The removal of trees for agricultural ac vi es on land zoned rural residen al. 9. The necessary removal of trees by a u lity company within dedicated u lity easements provided alterna ve methods to trenching are used when possible, including boring and tunneling. 10. The removal of trees on public rights-of-way conducted by, on behalf of, or any ac vity pursuant to work to be dedicated to, a Federal, State, County, municipal or other governmental agency in pursuance of its lawful ac vi es or func ons in the construc on or improvement of public right-of-way. 13.4 Grandfathered Provisions This Chapter shall not apply to any por on of a property included within the limits of a valid and complete applica on for a land disturbance permit or preliminary plat approval where said applica on has proceeded through and completed first round red line review by the community development director or to commercial site plans that have been reviewed and red lined by the community development department and which were received by the director or the director’s designee prior the adop on of the ordinance from which this chapter is derived, provided that all me constraints rela ng to the permit issued shall be observed. 13.5 Procedures A. Application Requirements. 1. Pre-Application Conference. Prior to submission of an application for development, the applicant is required to meet with the Director or Director’s designee this Chapter as it relates to the applicant's property. The purpose of the pre-application conference is to clarify the provisions and procedures of this Chapter and review applicable standards and guidelines for the submittal of documents and required tree protection, replacement, and maintenance measures. 2. Tree Survey. Except as provided elsewhere in this section, a tree survey must be a to-scale map or site plan prepared and sealed by a registered surveyor, certified engineer, arborist or landscape architect, and shall be required as part of any application for a land disturbance permit, development permit, building permit or preliminary subdivision plat. The survey shall identify: a. All specimen trees and all trees that are to be preserved and counted toward meeting density requirements and inventoried by size (caliper or DBH, whichever is applicable) and species. Trees larger than two (2) inches (DBH) may be identified and counted for unit credit on; b. All specimen tree critical root zones; c. Trees which are proposed to be removed; d. All tree protection zones and tree save areas; e. All buffer with existing trees; and f. Sampling methods may be used to determine tree densities for forested areas, as approved by the Director. 3. Tree Protection Plan. A tree protection plan shall be submitted with other permit drawings as part of the development permits process. This plan may either be a separate drawing, or part of a landscape plan, and shall include the following information: a. Limits of land disturbance, clearing, grading, and trenching; b. Tree save areas; c. Specimen trees; d. Areas of revegetation; e. Location, species, and size (DBH) of existing significant trees and an indication of which significant trees would remain on the site; f. Tree fences; g. Erosion control fences; h. Tree protection signs; i. Tree wells; j. Aeration systems; k. Transplanting specifications; l. Staking specifications; m. Utility lines existing and proposed. The applicant shall coordinate the location of these utility lines with the utility companies to prevent root damage within the critical root zones of protected trees, and to minimize damage to trees located in protected zones; n. Procedures and schedules for the implementation, installation, and maintenance of tree protection measures; o. Calculations of tree density proposed on site; and p. Other applicable drawings as determined by the Director. B. No development or building permit shall be issued until the tree protection plan has been approved by the Director. C. Issuance of a building or land development permit shall be conditioned on the approved tree protection plan and conformance to the provisions of these regulations. Any permit may be voided if its terms are violated D. Tree Protection Inspection. Following the receipt of a complete application, the Director shall schedule and conduct an inspection of the proposed development site. The applicant or applicant's designee shall be advised as to the date and time of the inspection and given an opportunity to participate. 1. Following the inspection said plans shall be reviewed by the Director for conformance with applicable zoning conditions, this Chapter, and any applicable administrative guidelines, and will either be approved or denied. Reasons for denial shall be noted on the tree protection plan or otherwise Stated in writing. 2. Final Inspection. No Certificate of Occupancy shall be issued by the Director with respect to any permit subject to this section unless and until the Director shall have inspected the site and confirmed that all existing trees to remain are in healthy condition and all replacement trees have been planted in accordance with this section. E. Tree Protection Methods. Methods for tree protection must be shown on the tree protection plan. Acceptable methods of tree protection are as follows: 1. Trees identified to be preserved must have a valid, recognizable method of tree protection (tree save) marking or delineation installed at the critical root zones. 2. No person engaged in the construction of any structure or improvement may encroach on a designated tree-save or critical root zone area with heavy machinery, temporary construction related structures such as trailers or portable toilets, or the storage of heavy building materials. 3. During construction, a tree save area must be designated around any trees that are to remain at the end of construction. This includes, but is not limited to, chain link, orange laminated plastic, wooden post and rail fencing, or other appropriate methods that can identify the noninvasive drip line area. 4. The barrier must be placed beyond the critical root zone and prevent the stockpiling of soil or building materials, dumping cleaning solvents, or parking of vehicles or equipment within the tree save area 5. All tree protection measures shall be installed prior to land disturbance. 13.6 Tree Protec on 13.6.1 Tree Removal A. Removal of Specimen Trees. The removal of specimen trees from a site may only be allowed in accordance with this Section. 1. Any tree in fair or better condition which equals or exceeds the following diameter sizes is considered a specimen tree: a. Large hardwoods, i.e. oaks, hickories, tulip poplars, and similar species at least 30 inches DBH. b. Large softwoods, i.e. pines, evergreens, and similar species at least 30 inches DBH. c. Small trees, i.e. dogwoods, redbuds, sourwoods, and similar species at least ten (10) inches DBH. d. A tree which may not meet the size requirements above but which is: i. It is a rare or unusual species or of historical significance. ii. It is specifically used by a builder, developer, or design professional as a focal point in a project or landscape. iii. It is a tree with excep onal aesthe c quality. 2. A tree in fair or better condition should meet the following minimum standards: a. A life expectancy of greater than 15 years. b. A rela vely sound and solid trunk with no extensive decay or hollow, and less than ten percent (10%) radial trunk dieback. c. No major insect or pathological problem. 3. The Director may identify and require the preservation of a tree stand if it contains one (1) or more specimen trees and the specimen trees are interlocked with other members of the stand in such a way as to imperil the specimen tree if other members of the stand were to be removed 4. Permit. a. Removal of any specimen tree requires a permit. The permit must include the following information: i. A written explanation as to why the tree cannot be retained on the site. ii. Consideration as to whether features of the proposed development can be relocated or designed in a manner that would allow for the retention of the specimen tree and any economic impacts which may occur as a result of such relocations or designs. b. The application to remove a specimen tree may be issued upon finding one or more of the following conditions are met: i. Evidence that alternative site and building designs have been considered by the applicant but would not result in retention of the specimen tree. ii. Retention of the specimen tree would result in less economic use of the property. iii. The site design results in the removal of the minimum number of specimen trees necessary to accommodate the development. iv. The request to remove a specimen tree or trees is reasonable considering the remaining specimen trees on the site that will be retained. B. Removal of Nonspecimen Trees. The removal of nonspecimen trees from a site may be allowed if: 1. The tree is located in an area where a structure or improvement will be placed. 2. The tree is diseased or structurally unsound. 3. The tree poses an imminent danger. 4. The tree interferes with existing utility service. 5. The tree obstructs visibility at intersections. C. Tree Removal Limitations. Nothing in these regulations shall be construed to allow the removal of any tree or vegetation in a required stream buffer, transitional buffer zone or State buffer zone except buffer improvements as authorized by the Director. 13.6.2 Tree Density Requirements A. All sites must maintain a minimum tree density as indicated below. The density requirement must be met whether or not a site had trees prior to development or land disturbance. 1. Residential Developments: 15 units per acre. 2. Nonresidential and Multifamily Developments: 30 units per acre. B. The term “tree density unit” is not synonymous with “tree.” C. Only trees planted on private property may be counted towards meeting the tree density requirements. Any trees planting within the public rights-of-way do not count towards and are excluded from the site acreage. D. Tree Density Unit Definition and Value. 1. One Tree Density Unit equals one inch in diameter at breast height of an existing tree preserved, or one caliper inch of a replacement tree planted (1:1 ratio). Adjustments to these values, including bonuses and deductions, shall be applied as by the discretion of the Director. 2. Removal of an existing tree may create deductions. Where removal qualifies for a deduction, the associated deduction shall be applied against the site’s total TDU calculation. 3. These requirements apply regardless of whether a site contained trees prior to development. 4. Minimum tree density requirements may be met through: a. Preservation of existing trees with no impact to their critical root zone. b. Planting of new trees to supplement any deficit. E. How to Calculate Tree Density Units. Tree Density Units shall be calculated as follows: 1. Base TDUs. Calculate the base TDU value for all exis ng trees on the site (1 TDU equals 1 inch DBH) and for all replacement plan ngs (1 TDU equals 1 caliper inch). 2. Adjustments. Apply authorized mul pliers to preserved, planted, or removed trees. 3. Total TDUs Provided. Add all credits for all proposed preserva on and replacement and subtract all deduc ons for all proposed removals. The result is the total TDUs provided on the site. 4. Required TDUs. Mul ply the minimum TDU requirement and compare the result to the total TDUs provided to determine compliance. 5. Encroachment and Damage. Unauthorized encroachment, damage, or removal of trees shall be subject to the fines and enforcement measures. F. Table 13.5.2.F, Tree Density Units for Existing Deciduous Trees provides the conversion from diameter to density factor units for existing deciduous trees to remain on site. Table 13.5.2.F – Tree Density for Existing Deciduous Trees Existing Tree DBH (inches) Density Units 2 0.8 3 0.8 4 1.6 5 1.6 6 1.6 7 2.4 8 2.4 9 2.4 10 3.2 11 3.2 12 3.2 13 4.0 14 4.0 15 4.0 16 4.8 17 4.8 18 4.8 19 5.4 20 5.4 21 5.4 22 6.0 23 6.0 24 6.0 25 6.8 26 7.4 27 8.0 26 8.6 29 9.2 30 9.8 31 10.4 32 11.2 33 11.8 34 12.3 35 13.4 36 14.2 37 15.0 38 15.8 39 16.6 40 17.4 41 18.4 42 19.2 43 20.2 44 21.2 45 22.0 46 23.0 47 24.0 48 25.2 49 26.2 50 27.2 G. Table 13.5.2.G, Tree Density Units for Evergreens and Conifers provides the conversion from diameter to density factor units for evergreens and conifers to remain on site. Table 13.5.2.G – Tree Density Units for Evergreen and Conifers Existing Tree DBH (inches) Density Units 2 0.6 3 0.6 4 1.4 5 1.4 6 1.4 7 2.2 8 2.2 9 2.2 10 3.1 11 3.1 12 3.1 13 3.9 14 3.9 15 3.9 16 and above Same as deciduous trees found in Table 13.6.F H. Required Front Yard Trees. 1. Properties zoned RR, NR and SR shall provide a minimum of two (2) overstory trees, each not less than two (2) inches caliper, within the required front yard. 2. Properties zoned CCR and MFR shall provide a minimum of one (1) overstory tree, not less than two (2) inches caliper, within the required front yard. 3. Required front yard trees may be existing preserved trees or newly planted replacement trees, provided they satisfy applicable size and species requirements. 4. Existing Credit. Existing preserved overstory trees located within the required front yard may satisfy front yard tree requirements where such trees meet minimum size and species standards. 13.6.3 Mi ga on Measures A. General. It shall be the policy of the City to maximize the preservation and maintenance of existing trees and where necessary the planting of replacement trees. An approved Tree Protection and Replacement Plan must be included as a condition for issuance of a Land Disturbance Permit. The City shall have the authority to reject and/or approve appropriate measures (including a combination of measures) based on the requirements of this Chapter and the particular circumstances of each project. It shall also be the policy of the City to provide guidelines for new tree plantings in those instances where no trees currently exist. B. Preservation and Protection of Existing Trees. 1. The required Site Density Factor shall first be met with existing trees when possible. When a choice is available as to which existing trees to save, specimen trees, even isolated individual trees, shall be given preference over other trees. 2. If significant trees exist on a tract of land for which a permit subject to this section is sought, either one 120 inches (DBH) per acre or 25% of existing significant trees per acre of such significant trees, whichever is less, shall be preserved on the site. Trees and tree save areas counting toward this requirement on sites zoned OI, C-1, C-2, LI, or HI may be located in stream buffers, State buffer zones, transitional buffer zones, or designated floodplains. 3. Understory Vegetation. Tree preservation areas shall leave intact the naturally occurring groundcover and understory vegetation except where directed otherwise by the Director in order to allow the removal of undesirable groundcover or understory vegetation. C. Planting of New Trees. 1. Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability. 2. If the required Site Density Factor cannot be accomplished with existing trees, replacement trees shall be planted as required by this Chapter. 3. If the Director determines that special constraints of a site result in an inability to build or develop without removing significant trees on a site, where there are 120 inches (DBH) per acre or less of existing significant trees, the Director may permit the removal of one (1) or more significant trees. Trees removed pursuant to this section must be replaced with trees totaling one (1) times the diameter inches of those inches removed. 4. There shall be at least two (2) two-inch (DBH) overstory trees in every front yard of properties zoned RR, NR, and SR. 5. There shall be at least one (1) two-inch (DBH) overstory tree in every front yard of properties zoned CCR and MFR. 6. Required trees may be located on individual lots or in subdivisions in which there is commonly owned property may be located on such commonly owned property. D. Protection of Trees During Construction. 1. Trees identified to be preserved and counted as credit for meeting required unit density shall have four (4) foot tall orange tree protection fencing installed six (6) feet beyond the perimeter of the critical root zones. 2. No person engaged in the construction of any structure(s) or improvement(s) or any activity shall encroach or place solvents, material, construction machinery or temporary soil deposits within six (6) feet of the area outside the critical root zone as defined herein, or any existing significant tree within a tree save area, transitional buffer zone, stream buffer, or State buffer zone. 3. All tree protection devices must remain in functioning condition until completion of the project or until the Certificate of Occupancy is issued. 4. Any tree, designated in the plan to be saved, which is negligently damaged during construction or as a result of negligent construction, as determined by the Director, shall be treated according to accepted National Arborists Association standards. a. If fatally damaged (50% of critical root zone disturbance or structural damage confirmed by an arborist, trees shall be replaced with four (4) inch caliper trees equal to the unit value of the tree removed. b. However, any specimen tree negligently damaged as described above shall be replaced with four (4) inch caliper trees equal to one and onehalf (1.5) times the equivalent inches (DBH) of the tree removed or damaged. c. Replacement of failed replacement trees must occur within 30 days or the next planting season if failure occurs outside planting windows. E. Damage or Disturbance to Trees. 1. General Prohibi on. No person shall cause or permit the damage, destruc on, or disturbance of any tree regulated except as authorized or exempted under this chapter at any me, including but not limited to: a. Grading, trenching, or excava on within the cri cal root zone; b. Soil compac on, altera on of grade, or placement of impervious surfaces within a cri cal root zone; c. Storage of materials, equipment, or debris within the cri cal root zone; d. Damage caused by vehicles, machinery, or improper pruning; e. Failure to maintain tree protec on fencing or required measures during construc on; or f. Removal or death of a tree due to neglect of required protec on or maintenance measures. 2. Verifica on and Determina on of Damage. If encroachment or other ac vity results in the decline, irreversible damage, or death of a tree, as verified by a cer fied arborist, the tree shall be deemed removed and subject to the replacement provisions of this Chapter. 3. Plan Revision and Replacement. The approved Tree Survey and/or Replacement Plan shall be revised to reflect the loss, with replacement trees and/or addi onal tree density units (TDUs) required to fully compensate for the damage. The revised plan shall be approved by the Director prior to the con nua on of site work. 4. Con nued Enforcement. Revisions to the Tree Survey and/or Replacement Plan shall not preclude enforcement ac on. The developer, property owner, or responsible party shall remain liable for all penal es, restora on, and replan ng obliga ons resul ng from the viola on. F. Removal of Trees from Floodplain. 1. Trees shall not be cut or removed from the floodplain, except as follows: a. Those trees found to be diseased or insect infested by the county extension service, the Georgia Forestry Commission, a cer fied arborist, or a cer fied forester. The owner/developer, prior to removal of the diseased or infested tree(s), shall provide a report from a professional arborist to the Director prior to tree removal. This report shall iden fy the condi ons of the tree(s) that necessitate removal. b. As necessary for construc on, repair or maintenance of public roads, u li es or stormwater management facili es. c. As part of an approved wetland mi ga on plan. G. Protec on of Understory Vegeta on 1. Tree save areas and tree protec on areas shall preserve naturally occurring understory vegeta on and groundcover to the maximum extent prac cable. 2. Naturally occurring understory vegeta on within tree preserva on areas shall remain intact except where removal is approved by the Director for: a. Removal of invasive species; b. Removal of hazardous or diseased vegeta on; c. Selec ve removal necessary to promote tree health or survivability; or d. Approved restora on, u lity, access, or maintenance ac vity. 3. Disturbance of understory vegeta on within tree save areas shall be minimized to preserve soil stability, root protec on, and ecological func on. 13.6.4 Tree Replacement Standards A. Table 13.6.4, Tree Density Unit Values for Replacement Deciduous Trees provides the conversion from diameter to density factor units for deciduous replacement trees. Table 13.6.4 – Tree Density Unit Values for Replacement Deciduous Trees Caliper of Replacement Tree (inches) Density Units 2 0.4 3 0.5 4 0.7 5 0.8 6 1.0 7 1.1 8 1.2 9 1.3 10 1.5 11 1.6 12 inches or greater 2.0 B. Seven (7) gallon container-grown pine trees are given replacement value of 0.05 density units. The Director may approve one (1) gallon or three (3) gallon pines. There will be no replacement value given for such trees. C. At least 50% of replacement trees must be overstory trees. D. No more than 25% of replacement trees may be of any single species E. No more than 25% of replacement trees may be evergreen species. F. Any trees eight (8) inches (DBH) and over which have been removed in viola on of this Chapter shall be replaced by the violator with four (4) inch caliper replacement trees equal to the unit value of the trees removed. G. Any specimen tree removed from a parcel shall be replaced by one and one-half (1.5) mes the equivalent inches (DBH) of replacement trees or exis ng trees using species with poten als for comparable size and quality at maturity. H. Tree Reloca on and Tree Credit. 1. Tree reloca on and credit for exis ng trees replacement units will be granted to trees relocated on site, subject to approval of the Director. Exis ng trees between two (2) caliper inches and seven and nine-tenths (7.9) caliper inches may be used for credit on the tree replacement plan. 2. Trees used for credit on the tree replacement plan must be chosen from the Table 13.6.5, Recommended Tree List. I. Unless otherwise approved by the Director, trees selected for replan ng must meet the minimum standards as provided in the American Standard for Nursery Stock (ANSI Z60.1, 1980) and must be included in Table 13.6.5, Recommended Tree List. J. Standards for transplan ng shall be in keeping with those established in the Interna onal Society of Arboriculture publica on Tree and Shrub Plan ng Manual or a similar publica on. K. It is desirable that replanted trees be ecologically compa ble with the site and neighboring sites. When prac cal, the replanted trees shall be of the same or similar species as those removed. L. Replacement trees shall be planted in manner that provides adequate space for nourishment, light, and matura on as recommended by the Director. 13.6.5 Recommended Tree Species A. Table 13.6.5, Recommended Tree List represents the recommended trees to be utilized when the planting or replanting of trees is required by this UDC. Table 13.6.5 – Recommended Tree List Overstory Tree Species Scientific Name Common Name Recommended Leaf Habit Acer rubrum Red Maple October Glory, Red Deciduous Sunset Acer saccharum Sugar Maple Betula nigra Riverbirch Duraheat Deciduous Carya aquatica Water Hickory Availability Deciduous Carya cordiformis Bittemut Hickory Availability Deciduous Carya glabra Pignut Hickory Availability Deciduous Deciduous Carya illinoensis Pecan Deciduous Carya tomentosa Mockernut Hickory Celtis occidentalis Hackberry Deciduous Diospyros virginiana American Persimmon Deciduous Fagus grandifolia American Beech Deciduous Fraxinus pennsylvanica Green Ash Deciduous Fraxinus tomentosa Pumpkin Ash Deciduous Gleditsia triacanthos Honeylocust (seedless) Deciduous Ilex opaca American Holly Evergreen Juglans nigra Black Walnut Deciduous Juniperus virginiana Red Cedar Brodie Liquidambar styraciflua Sweetgum Limited Use— Deciduous Rotundiloba (Avail.) Liriodendron tulipifera Tulip Poplar Limited Use Magnolia acuminata Cucumbertree Magnolia grandiflora Southern Magnolia Bracken's Brown Evergreen Beauty, Greenback Magnolia virginiana Sweetbay Magnolia Deciduous Nyssa sylvatica Black Gum Deciduous Nyssa ogeeche Swamp Tupelo Deciduous Pinus echinata Shortleaf Pine Evergreen Pinus strobus Eastern White Pine Evergreen Pinus taeda Loblolly Pine Evergreen Platanus occidentalis Sycamore Deciduous Populus deltoides Eastern Cottonwood Deciduous Quercus alba White Oak Deciduous Availability Deciduous Evergreen Deciduous Deciduous Quercus coccinea Scarlet Oak Deciduous Quercus falcata Southern Red Oak Deciduous Quercus georgiana Georgia Oak Deciduous Quercus hemisphaerica Laurel Oak Evergreen Quercus lyrata Overcup Oak Deciduous Quercus laurifolia Laurel Oak Deciduous Quercus michauxii Swamp Chestnut Oak Deciduous Quercus muehlenbergii Chinkapin Oak Deciduous Quercus nigra Water Oak Deciduous Quercus nuttalli Nuttall Oak Deciduous Quercus palustris Pin Oak Deciduous Quercus phellos Willow Oak Deciduous Quercus prinus Chestnut Oak Quercus rubra Northern Red Oak Deciduous Quercus shumardii Shumard Red Oak Deciduous Quercus stellata Post Oak Deciduous Quercus velutina Black Oak Deciduous Salix spp. Willow Deciduous Taxoduim distichum Bald Cypress Tilia americana American Basswood (Linden) Deciduous Ulmus alata Winged Elm Deciduous Availability Shawnee Brave Deciduous Deciduous Understory and Other Small Tree Species Scientific Name Common Name Recommended Leaf Habit Acer barbatum Florida Maple Deciduous Acer leucoderme Chalk Maple Deciduous Acer saccharum Sugar Maple Deciduous Aesculus pavia Red Buckeye Deciduous Alnus serrulata Alder Deciduous Amelanchier grandiflora x Serviceberry Princess Diana, Deciduous Autumn Brilliance Aralia spinosa Devils Walking Stick Deciduous Asimina triloba Pawpaw Deciduous Betula nigra River Birch Carpinus caroliniana American Hornbeam Deciduous Castanea pumila Chinkapin Deciduous Celtis tenulfolia Georgia Hackberry Deciduous Celtis laevigata Sugarberry Deciduous Cercis canadensis Eastern Redbud Deciduous Cercis reniformis Redbud Chioanthus virginicus White Fringetree Deciduous Cladrastis kentukea Yellowwood Deciduous Cornus spp. Dogwood Florida and crosses Cornus florida Flowering Dogwood Aurora Corylus americana American Hazelnut Cotinus obovatus Smoketree Deciduous Crataegus aestivalis Mayhaw Deciduous Crataegus spp. Hawthorn Crataegus phaenopyrum Washington Hawthorn Deciduous Diospyros virginiana Persimmon Deciduous Halesia carolina Silverbell Deciduous Halesia diptera Two Silverbell Little King Deciduous Oklahoma Kousa Deciduous Filbert Deciduous Thornless cultivars Winged Deciduous Deciduous Deciduous Hamamelis virginiana Witch-hazel Ilex spp. Holly Ilex decidua Possumhaw Juniperus virginiana Red Cedar Deciduous Burford, Carolina #2, Evergreen Foster, Neillie R. Stevens, Savannah, Yaupon Deciduous Lagerstromia indica x Crape Myrtle faurieri Tree form cultivars Deciduous disease resistant and hardy, e.g., Choctaw, Natchez Magnolia grandiflora Southern Magnolia Alta, Bracken's Brown Evergreen Beauty, Greenback, Claudia Wannamaker Magnolia x loebneri Loebner Magnolia Merrill Magnolia macrophylla Bigleaf Magnolia Deciduous Magnolia soulangiana Saucer Magnolia Deciduous Magnolia stellata Star Magnolia Magnolia tripetala Umbrella Magnolia Deciduous Magnolia virginiana Sweetbay Magnolia Evergreen Myrica cerifera Waxmyrtle Evergreen Osmanthus americanus Devilwood Evergreen Ostrya virginiana Eastern Hophombeam Deciduous Oxydendrum arboreurn. Sourwood Deciduous Pinus Virginiana Virginia Pine Pistacia chinesis Chinese Pistache Prunus angustifolia Deciduous Star Man Slopes, Screen Evergreen Deciduous Chickasaw Plum Deciduous Rhamnus caroliniana Carolina Buckthorn Deciduous Rhus glabra Staghorn Sumac Deciduous Salix sericea Silky Willow Deciduous Sassafras albidurn Sassafras Deciduous Styrax americana Snowbell Deciduous Ulmus alata Winged Elm Deciduous Vaccinium arboreurn Sparkleberry Evergreen Trees for Under Powerlines Scientific Name Common Name Recommended Aesculus pavia Red Buckeye Alnus serrulata Alder Cercis candensis Redbud Chionanthus virginicus White Fringetree Cornus spp. Dogwood Florida and Kousa crosses Cornus florida Flowering Dogwood Disease resistant varieties, Aurora Corylus americana American Hazelnut Cotinus obovatus Smoketree Crataegus phaenopyrum Washington Hawthorn Ilex spp. Holly Magnolia soulangiana Saucer Magnolia Myrica cerifera Waxmyrtle Oxydendrum arboreum Sourwood Prunus angustifolia Chickasaw Plum Filbert Nellie R. Stevens, tree form Burford, Yaupon 13.6.6 Invasive Species A. General. For purposes of this section, an invasive species shall include any plant species identified as invasive or prohibited by one or more of the following authorities, as amended from time to time: 1. The Georgia Exotic Pest Plant Council (GEPPC); 2. The Georgia Forestry Commission; or 3. Any additional authoritative source approved by the Director B. No person, property owner, developer, contractor, or agent shall plant, install, replant, or cause to be planted any tree, shrub, vine, groundcover, or other vegetation identified as an invasive species in connection with any development activity, landscaping installation, buffer planting, tree replacement, mitigation plan, or maintenance obligation required or regulated by this Chapter. C. Administrative Invasive Plant Species. The Director is hereby authorized to maintain and periodically update an administrative list of invasive plant species prohibited from planting within the City of Stockbridge. The administrative list shall be used for review and enforcement purposes and shall not require formal amendment of this Chapter. D. Removal and Maintenance of Invasive Species. 1. Invasive Species Removal. Where invasive species are identified within required tree save areas, buffers, landscape areas, or mitigation plantings, the Director may require their removal and replacement with approved non-invasive species consistent with the intent of this Chapter. 2. Replacement Requirements. Removal of invasive species shall not generate tree density credit or replacement credit unless otherwise approved by the Director. Replacement plantings shall comply with all applicable tree preservation, replacement, and landscape standards of this chapter. E. Enforcement and Violations. 1. Violation: Planting or allowing the planting of prohibited invasive species in violation of this section shall constitute a violation of this chapter. 2. Corrective Action: In addition to any penalties, the Director may require corrective action, including removal and replacement of prohibited plant species at the expense of the responsible party. 13.7 Buffer Requirements 13.7.1 Buffer Standards A. Buffers shall meet the minimum width requirements contained in the zoning ordinance, except as authorized to be reduced by the applicable buffer reduction process, as follows: B. As specified in Table 13.7.3.A, Buffer Widths the "Buffer Area Standards Table;" C. As specified in a residential zoning district for a permitted nonresidential use (e.g. a church, temple, synagogue, etc.); or D. As required by a condition of zoning, special use, or variance approval. 13.7.2 Buffer Installa on Requirements A. Buffers shall be natural, undisturbed, and free of encroachments except as authorized by a condition of zoning, special use or variance approval, or as authorized herein, and shall contain the existing tree cover and vegetation as well as any supplemental plantings or replantings as may be required. B. Minimum required screening shall consist of an opaque visual screen to a height of six (6) feet, or any combination of existing and replanted vegetation which can reasonably be expected to create an opaque visual screen six (6) feet high within two (2) growing seasons. C. In situations where the required buffer width is partially or completely contained within an existing easement (e.g. power or natural gas transmission, trail easement, etc.), the screening requirements of this UDC shall be met outside of the easement area, to ensure a continuous buffer. D. Location. 1. Buffers shall be measured from the property line. 2. Buffers shall be located on the outer perimeter of a lot or parcel, parallel to the lot or parcel boundary line and must be provided along the entire site or lot immediately abutting the property line. 3. Buffers required alongside property lines shall extend to a street right-of-way line unless otherwise required by the Director in order to observe the sight distance requirements contained in the development regulations, or as authorized by a condition of zoning, special use, or variance approval. 4. Breaks for pedestrian, bicycle, and vehicle access are allowed, as approved by the Director. Driveways or walkways must cross a buffer at as near a perpendicular angle as practical. 5. The parking of vehicles and the placement of buildings or structures, except as provided below, is not allowed in a required buffer. Figure 13.7.2.D - Buffer Location Standards E. Plantings. 1. Buffer plantings shall be designed taking into consideration existing conditions, including, but not limited to, soils, topography, streams, and existing vegetation. Native vegetation shall be used for landscaping and buffering unless the applicant demonstrates that the use of non-native, drought-resistant plants would best serve the site and advance the objectives of this Section. 2. Supplemental Plantings. Buffers in which vegetation is non-existent or is inadequate to meet the screening requirements of this Section shall be planted with supplemental plantings so as to provide a year-round visual screen. Such screen shall include: a. Two (2) canopy trees for each 50 feet of buffer length. Canopy trees shall be two-and-a-half (2.5) inch caliper; b. Two (2) understory trees for each 50 feet of buffer length. Understory trees shall be two (2) inch caliper; c. Fifteen (15) screening shrubs with a minimum install height of four (4) feet. d. New deciduous trees shall have a caliper of no less than two (2) inches upon planting, and new evergreens shall be at least six (6) feet tall when planted. F. Non-Vegetative Screening. 1. Non-vegetative materials utilized in addition to the use of existing vegetation and/or supplemental plantings, may consist of walls, fences, earthen berms or any combination thereof. 2. While non-vegetative screening materials may be utilized in addition to natural, enhanced or planted buffers, they are not a replacement of, nor exemption from the requirement to plant buffers. 3. If walls or fences are to be utilized, their placement and installation shall be such to cause minimal disturbance of existing vegetation and located so as to provide an effective visual screen. 4. Fences used in buffers must be made of rot-resistant material or protected from deterioration with waterproofing material. G. Maintenance. Buffers shall be maintained, in perpetuity, by the property owner. 13.7.3 Buffer Widths A. Minimum Width. Buffer widths shall comply Table 13.7.3.A, Buffer Widths, required along the property lines, where applicable. Table 13.7.3.A – Buffer Widths Proposed Development Type Adjacent Zoning RR, NR, SR CCR, MHR MFR, Nonresidential Mixed-Use (C1, C2, OI, LI, and (DT, MUS, MU, HI) PUD Single-Family 25 FT Attached (Townhomes, TwoFamily) and MultiFamily 0 FT 50 FT 0 FT Business/Commercial, 50 FT Public Institutional, or Mixed-Use 50 FT 0 FT 0 FT Industrial 100 FT 0 FT 0 FT 100 FT Figure 13.7.3 - Buffer Width Standards 13.7.4 Disturbance or Encroachments A. Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary sewer conveyance facilities, similar facilities, and any associated easements, shall not encroach into a buffer except for necessary access and utility crossings (e.g. stormwater or sanitary sewer pipes) may encroach into the buffer as near to perpendicular as practical. B. Land disturbance is authorized in areas of a buffer that are devoid of significant existing vegetation provided that the final grade and replanting of vegetation meet the requirements contained herein. C. Dead, dying, diseased, hazardous, or invasive vegetation may be removed from a buffer provided minimal disturbance occurs. Vegetation removed shall be replaced where necessary to meet the buffer requirements contained herein. A landscape architect and/or certified arborist shall identify dead, dying, diseased, hazardous, or invasive vegetation for removal. D. Trail installation or connections required per Section 16.7, Trail Construction Standards are authorized to encroach within the buffer. All clearing associated with the construction of such path shall be contained within the required width of the path. 13.7.5 Protec on During Land Disturbing Ac vi es A. During authorized land disturbing activities, buffers shall be clearly demarcated and protected prior to commencement of, and during, construction. Limits of disturbance shall be located a minimum of ten (10) feet from the edge of the buffer. B. The method of demarcation and protection shall at a minimum be a continuous single row of four (4) foot tall orange vinyl (or other high visibility color) tree protection fence or shall be protected as required by the Community Development Department. 13.8 Landscape Requirements 13.8.1 Applicability A. Compliance Required. Compliance with this Section shall be required in the following development circumstances: 1. Subdivision, construction, or reconstruction of all residential and nonresidential developments, except as exempted herein. 2. Expansion or alteration of the gross floor area of an existing multi-family dwelling, mixed-use, or nonresidential building by 50 percent or more. B. Compliance Exemptions. Compliance with this Section shall not be required in the following circumstances: 1. Individual lot, single-family development. 2. Duplexes; and 3. Accessory uses, structures, or temporary uses. 13.8.2 General Requirements A. Strategically locate deciduous trees and plants to provide shade and windbreaks to reduce building energy use. B. Coniferous plant material clusters should be sensi vely located to create strong visual impact while not impeding views (both into the site and out to the surrounding landscape) or nega vely impac ng circula on of vehicles. C. Landscape design must consider climate, urban and natural context, and local character. The effects of solar access and shade on roads and sidewalks should be considered when loca ng landscape materials. D. Reduce water consump on by using xeric plants appropriate to the climate and loca on. E. Install plant material by hydro-zones based on water requirements. 13.8.3 Maintenance Requirements A. All landscaped areas shall be maintained to ensure that plant materials remain healthy. Any diseased or dead plant materials shall be replaced as soon as reasonably possible based on the growing season, but no later than six (6) months following identification of the need for replacement. B. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, to maintain visual clearance for public safety, and to ensure that landscape and buffer areas serve the intended purpose. C. Provide efficient irrigation systems for all plant materials. Wherever possible, employ the use of flow sensors and weather sensing elements such as rain sensors to ensure that water is not wasted. 13.8.4 Street Trees A. Street trees shall be provided by the developer in non-residen al zoning districts under the following condi ons: 1. In Overlay Districts listed in Chapter 2, Zoning and Overlay Districts. 2. In zoning districts MUS, MU, and DT. 3. As a condi on of zoning. B. Regulations. When street trees are required in non-residential and mixed-use zoning districts the following regulations shall apply: 1. Street trees shall be located along the property frontage, either inside or outside of the public right-of-way, in no case closer than 11 feet to the edge of pavement or back of curb. When the street trees are proposed inside the right-of-way, they shall be located outside of the clear zone per the current edition of the AASHTO Roadside Design Guide subject to Department of Transportation approval. 2. One tree per 50 linear feet of property frontage shall be provided. 3. Street trees shall be selected from Table 13.8.4.C, Street Trees and shall be twoand-a-half (2.5) inch caliper and six (6) feet in height at the time of planting. 4. Street trees shall be spaced as evenly as possible along the property frontage to create a unified and repetitive tree canopy at maturity with consideration given to lighting, underground utility placement, and utility easements. 5. No more than 25 (or 25% of the total number, whichever is greater) of the trees installed may be of any one (1) genus. 6. No more than 25% of the street trees used in a single development shall be of the small tree species in Table 13.8.4.C, Street Trees, unless limited by roadway classification or posted speed limit that affect tree placement. 7. No street tree or streetlight standard shall be placed within ten (10) feet of another tree, streetlight standard, utility pole or within five (5) feet of a fire hydrant. C. Appropriate Tree Species. Trees selected for planting or replanting shall be a native species per the Georgia Forestry Commission list of native Georgia trees, or selected from the approved tree list, Table 13.8.4.C Street Trees. Table 13.8.4.C – Street Trees Large Trees Small Trees Nuttall Oak Crepe Myrtle Shumard Oak Saucer Magnolia (variety: Butterflies) Willow Oak Chinese Fringe Tree Gingko (variety: President, Autumn Gold, Golden Rain Tree male gender) Princeton Elm Texas Redbud (Cercis reniformis) Chinese Elm (varieties: Allee, Athena, Kousa Dogwood Drake, Bosque) Bald Cypress (variety: Shawnee Brave) Washington Hawthorn ‘Princeton Sentry’ Zelkova (variety: Green Vase or Village Zelkova (variety: Wires) Green) Northern Red Oak Red Leaf Maple 13.8.5 Landscape Strips A. Applicability: All surface parking areas (of any size) abutting a public street (not including an alley) must be screened using one of the following options. B. Landscape Strip Requirements: A minimum ten (10) foot wide landscape strip planted with a minimum of ten (10) shrubs per 35 linear feet of street frontage, excluding driveway openings. Shrubs shall be provided to screen paved areas and parking lots from the right-of-way. Figure 13.8.5 - Landscape Strip Requirements C. Plant Material. Shrubs shall be at least two (2) feet tall at the time of planting. They must be planted two (2) rows deep and provide a screen within three (3) years of planting. 13.8.6 Landscape Standards for Nonresiden al Development A. Applicability. The provisions of this Section apply to all street frontage of nonresidential and mixed-use development sites. B. Disturbance. 1. Required landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and buffer areas shall not be disturbed by grading, property improvements or construction activities, except where necessary to prevent a nuisance, or to maintain natural plant growth, or to remove diseased, misshapen, or dangerous and decayed trees. C. Landscaping Requirements. 1. All landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping and buffer areas shall utilize existing natural vegetation in an undisturbed state provided that the existing vegetation is appropriate for inclusion. 2. A minimum of 12% of the total buildable area in any parcel shall be devoted to landscaping. 3. A minimum of 50% of the landscaping area 4. Plantings and Other Required Elements. Where existing vegetation is insufficient, the following trees and shrubs shall be provided as indicated in Table 13.8.6.C, Nonresidential Landscaping Requirements. Table 13.8.6.C – Nonresidential Landscaping Requirements Location Number of Plants Front Yard 1 per 40 linear feet of yard length Side Yard 1 per 25 linear feet of yard length Rear 1 per 25 linear feet of yard length 13.8.7 Parking Lot Landscaping A. Applicability. Parking lot landscaping is required on all on-site surface parking lots with more than 20 spaces created after the effective date of this UDC. 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 Landscaping. All surface parking areas (of any size) abutting a public street (not including an alley) must be screened by a landscape strip as specified in Section 13.8.5, Landscape Strips. Perimeter screening that is not next to a public street must be a minimum of 5 feet in width with a single hedgerow. C. Interior Landscaping. 1. A landscaped interior island must be provided every 12 parking spaces. 2. An interior island must be a minimum of ten (10) feet in width and 300 square feet in area. Each island must include two (2) shade trees. 3. All required shade trees must be chosen from the approved tree list. 4. All required shade trees must be a minimum caliper of two (2) inches and be at least six (6) feet tall at the time of planting. 5. Trees should be placed within interior islands to maximize shading of the pavement. 6. Vehicle stops or curbing shall be used to ensure that vehicles do not overhang required landscaped areas. D. Tree Canopy. 1. In addition to the internal landscaping requirements, a minimum tree canopy cover shall be provided for paved parking areas exceeding 4,000 square feet in new or redeveloped sites. 2. Post-Construction Canopy. Post-construction canopy shall be based on proposed canopy cover consisting of both preserved and newly planted trees. Polygon mapping shall be used to delineate canopy groupings. Canopy projections for new plantings shall be based on the species-specific canopy spread data provided in the Appendix. 3. Minimum Required Canopy Cover. At least 50% of paved parking lot area shall be shaded by tree canopy at maturity, as calculated under this section. 4. Plan Requirements. Landscape and site plans shall clearly identify all postconstruction canopy areas and provide supporting calculations demonstrating compliance with the minimum canopy requirement. 13.9 Timber Harves ng A. Timber harvesting may be permitted upon authorization by the Director. B. Permits. Permits authorizing tree harvesting shall be in accordance with the following standards: 1. A 75 foot wide undisturbed buffer shall be provided and maintained along the entire perimeter of the property, including road frontages, during the land disturbing activity, except for authorized access crossings. 2. Notwithstanding the other provisions of this section, no property owner shall be required to preserve an undisturbed buffer that covers more than 25% of the total land area of the property, excluding area inside the 100-year floodplain. In any such case, an alternative buffer width shall be provided, as determined by the Director pursuant to its review of the application for a permit. 3. The property shall be required to meet a tree density standard of 30 units per acre, not including the 75 foot buffer, upon completion of authorized land disturbing activities. 4. The owner/applicant shall utilize the recommended best management practices as established by the Georgia Forestry Commission. 5. Land that has been designated silviculture may be developed after a period of 5 years from harvesting, provided that a development plan has been prepared and approved by the Director prior to any clearing, grading, or other land disturbance. 13.10 Sure es A. Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this tree protection ordinance, and following acceptance by the Community Development Department in accordance with the issuance of a land disturbance permit, development permit, or building permit, the owner shall either provide proof of warranty or post a maintenance bond or other acceptable surety in accordance with Article 18, Guarantees and Sureties, warranting the new trees, shrubs or landscape material for a period of no less than two (2) years. B. Compliance Prior to Certificate of Occupancy or Final Plat Approval. In the event that new trees proposed to be planted to achieve the tree density standard as set forth and contained herein, or other trees or landscape material required to be planted as set forth in this UDC, are not installed upon application for a Certificate of Occupancy or final plat approval as appropriate to the project, then a performance bond or other acceptable surety in accordance with Article 18, Guarantees and Sureties shall be posted with the City. C. Compliance Upon Permit Completion or Expiration. Properties where a permit is issued to conduct land disturbing activities that do not require the issuance of a Certificate of Occupancy or the approval of a final plat, or said activities as authorized are completed or the permit expires, shall comply with the tree density standard of this section as follows: 1. Clearing, Clearing and Grubbing, or Grading Only Permits. Replacement trees proposed to be planted to achieve the tree density standard of this Chapter which is not planted upon comple on or prior to expira on of a clearing, clearing and grubbing, or grading permit, shall be planted within 30 days of the comple on or expira on of said permit unless a performance bond is posted with the City. 2. Development Permits. Replacement trees proposed to be planted to achieve the tree density standard of this sec on which is not planted upon comple on or prior to expira on of a land disturbance permit, development permit, or building permit, shall be planted within 30 days of the comple on or expira on of said permit unless a performance bond is posted with the City. 13.11 Inspec on A. The Community Development Department shall perform an inspec on of the plan ngs and landscape materials required by this Code prior to expira on of the one (1) year warranty or maintenance period. The owner shall be no fied of any replacements or restora on that must be made to maintain compliance with this Code or condi ons of zoning, special use or variance approval. B. Required landscape material found to be dead or near death shall be replaced prior to release by the community development department of the warranty of maintenance surety. In no case shall replacement be delayed greater than 30 days from no fica on unless a performance bond is posted with the City. 13.12 Con nuing Maintenance A. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the perpetual maintenance and protection of buffers and landscape plantings required by this Chapter. B. The City is hereby authorized to order diseased, infested, dying, dead or damaged landscaping required herein to be replaced. C. Buffers that, over a period of time, lose their screening ability shall be replanted to meet the requirements of this Chapter. D. Replacement trees and landscaping shall be in accordance with the applicable provisions of this Chapter. CHAPTER 14: SUBDIVISIONS 14.1 Subdivision Plat Process Applicability These regulations shall govern the subdivision of all land within the incorporated area of the city. A. Any owner of land within such jurisdic on wishing to subdivide land shall submit to the Community Development Department a plat of the subdivision which shall conform to all requirements set forth in these regula ons. B. No plat of a subdivision lying within such territory or part thereof, shall be recorded in the Office of the Clerk of the Superior Court of Henry County and no subdivider shall proceed with the improvement of lots in a subdivision un l such subdivision plat shall have been approved by the Community Development Director. C. The recording of a plat shall be based on an approved plat and shall not be recorded solely on the basis of a metes and bounds descrip on. 14.2 Plat Procedures A. Applicability. This chapter is applicable to all subdivisions of land involving any: 1. Street dedication; 2. Public infrastructure; 3. Utility extensions; 4. Platted open space or common areas that are not part of an individually owned lot; or 5. All other subdivisions not exempt pursuant to Section 14.6, Exemptions from Preliminary Plat Procedures. B. Effect of Approval. The preliminary plat does not constitute nor provide assurance of approval of the final plat or building or development permits but is to be used as the development design for the subdivision and for the acquisition of a development permit as provided in this Code. C. Improvements prior to Final Plat. No final plat shall be approved unless and until the subdivider has installed all improvements required by this Code, or appropriate sureties have been secured. 14.3 Review and Approval Authority A. The Community Development Department, the Public Works Department, the City Engineer, and the Fire Marshal shall have the authority to review and approve a subdivision plat required by this chapter, consistent with these provisions. B. Neither the Director, the City Engineer, nor the Fire Marshal shall have the authority to waive any requirement of this Code in the review of a subdivision plat. C. Revisions. The procedure for the review of proposed amendments or revisions to previously approved subdivision plat shall follow the process for the initial approval of subdivision plat as outlined below. 14.4 Pre-Applica on Mee ng A. Prior to the preparation of the subdivision plat, the subdivider shall prepare sketch plans and general subdivision proposals. The subdivider or their agent shall then engage in a pre-application meeting with the director regarding the suitability of the plans. B. The purpose of a pre-application meeting is to acquaint the subdivider with plans and policies that might be significant to their proposed development and furnish City staff with preliminary information regarding said development. C. Upon receiving favorable consideration, the subdivider may then proceed to prepare the preliminary plat for submission to the Community Development Department. 14.5 Preliminary Plat Requirements A. Application. Following successful pre-application meeting, the subdivider shall cause to be prepared a preliminary plat, together with other supplementary material as deemed necessary by the Director. B. Preliminary Plat Contents. 1. The preliminary plat shall be prepared by a surveyor, landscape architect, or civil engineer who is licensed to prac ce in Georgia, affixing the respec ve seal, signed, and dated. The plat be drawn at a scale no smaller than 100 hundreed feet to an inch and shall show all exis ng condi ons required below and all proposals, including the following: a. Any conditions of approval formally set upon the property by the Mayor and City Council; b. Proposed name of subdivision; c. Name and address of owner of record, and the subdivider (if not the owner); d. Name, address and telephone number of the professional who prepared the plat; e. Date of survey, date of plat drawing, north point and graphic scale; f. Location (land district and land lot), and acreage; g. Quantity of proposed parcels and typical lot sizes; h. A vicinity map depicting streets and highways, land lot lines, railroads and other significant features, within one (1) mile of the proposed subdivision, drawn at a scale sufficient to show the information required; i. Exact boundary lines of the assemblage, giving lengths, bearings, and present zoning designation(s); j. Adjoining property owner names, subdivision names, and zoning; k. Unit divisions or phase of development, if any, proposed by the subdivider; l. Contour lines based on sea level datum and drawn at intervals not greater than two (2) feet. The source of the topographic contours shown shall be specified; m. Natural features within the proposed subdivision, including drainage channels, bodies of water and other significant features. On all watercourses the direction of flow shall be indicated; n. The 100-year floodplain, if any, must be delineated; o. All required stream buffers and setbacks on the property; p. Cultural features existing within the proposed subdivision, including street names, rights-of-way and pavement widths; easements; bridges; culverts; utility lines and structures; buildings; city and county lines; land lot lines; and such other significant information; q. Proposed subdivision layout, including: Street names, central angles of street intersections, approximate street grades, street surface widths; lot lines with dimensions, lot number, block letters; building setback lines with dimensions; sites to be reserved, developed or dedicated for public uses or for nonpublic uses exclusive of single-family dwellings; r. A statement as to the source of the domestic water supply and provisions for sanitary sewage disposal; s. The approximate location of proposed stormwater management facilities, including any Green Infrastructure, hereafter indicated as “GI”, or Low Impact Development, hereafter indicated as “LID”, techniques; t. Location and results of percolation tests for any lots which will not be served by a public sewage system, as required by the county health department; u. Location and size of all proposed drainage structures, including catch basins, curbs, gutters, grates and headwall; v. Location of all proposed sanitary and storm sewer lines or improvements and any easements required with sufficient dimensions to location same on the ground; w. Location and description of all proposed monuments and pins; x. A written statement on the preliminary plat describing the intent of the plat or proposed development of the property, in no less than one (1) complete sentence. 14.6 Exemp ons from Preliminary Plat Procedures A. The types of activities listed here shall be considered subdivisions but may be exempt from the preliminary plat requirements of this chapter, except as noted. Each such exempt subdivision shall be drawn in accordance with final plat standards and shall be submitted with the appropriate fees. 1. Small subdivisions; 2. Re-combinations; and 3. Minor revised final plats. B. Small Subdivisions Exemption. The preceding provisions of this chapter may be waived and a shortened procedure initiated in the case of a subdivision of five (5) lots or less and the subdivider may submit an application for final plat approval, without submitting a preliminary plat, provided that: 1. Each lot in the proposed subdivision abuts an exis ng public street; 2. The proposed subdivision will not affect any major altera ons of u lity installa ons, or other exis ng or proposed public facili es; and 3. The applica on for final plat approval meets all the applicable procedural, design, and other requirements of these regula ons. C. Re-combination Exemption. The preceding provisions of this chapter may be waived and a shortened procedure may be initiated in the case of a combination or recombination of two (2) or more lots of record, where the total number of lots is not increased and the resultant lots or parcels are in compliance with this Code. D. Minor Revised Final Plat Exemption. The preceding provisions of this chapter may be waived and a shortened procedure initiated in the case when it becomes necessary to revise an original recorded final plat due to some error, required adjustment, or desired adjustment, that is minor in scope and scale of change. This may include the adjustment of lot lines for single-family attached units after as-builts have taken. E. A subdivider intending to use any of these exemption methods shall first consult with the director or their designee, supplying sufficient information to assure that the specified conditions will be met. 14.7 Final Plat Requirements A. Application. Following completion of land disturbance activities, the subdivider shall cause to be prepared a final plat, together with other supplementary material as deemed necessary by the Director. The following shall be provided at the time of the application: B. The final plat shall conform substantially to the preliminary plat; it may, however, represent only that portion of the approved preliminary plat which the subdivider proposes to develop and record at any one time, provided that such portion conforms to the requirements of these regulations. C. Final Plat Contents. 1. The final plat shall be prepared by a surveyor, landscape architect, or civil engineer who is licensed to prac ce in Georgia, affixing the respec ve seal, signed, and dated. The plat shall be labeled "Final Plat," be drawn at a scale no smaller than 100 hundred feet to an inch, and shall contain the following informa on: a. A wri en statement on the final plat describing the intent of the plat or proposed development of the property, in no less than one (1) complete sentence; b. Name of subdivision; c. Graphic scale, north arrow with reference of bearings to magnetic, true or grid north, and date of survey; d. Location of tract (land lot and land district) and acreage; e. All dimensions accurate to the nearest one-tenth of a foot and all angles accurate to the nearest minute; f. Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line, and building line whether curved or straight. This shall include, but not be limited to, the radium, length of arc, internal angles and tangent distance for the center line of curved streets; g. Exact locations, right-of-way widths, and names of all streets and alleys within and immediately adjoining the plat along with street center lines; h. Street intersection angles and street pavement widths; centerline profiles; i. Minimum required building setback lines and any zoning buffers, with dimensions, or note indicating none required, as applicable; j. Lots or sites numbered in numerical order and blocks lettered alphabetically with lots and sites numbered in numerical order; k. Location, dimensions, and purpose of all depicted easements, public service utility rights-of-way lines; areas (other than streets) to be reserved, donated, or dedicated to public use; and sites to be used for other than single-family residences; l. Location and size of all drainage structures, including catch basins, curbs, gutters, grates, and headwalls; m. Extent of the 100-year floodplain and a floodplain chart showing the area within and outside the floodplain for each lot containing any portion of the 100-year floodplain. The origin of the floodplain data must be indicated; n. All required stream buffers and setbacks on the property; o. Location, material, and description of all monuments and pins, including street markers. p. Notation that streams or wetlands lie or do not lie within 200 feet of the development, unit or phase. Delineate and label all applicable buffers per Chapter 15, Environmental Protection; q. Certification that the applicant is the land owner and dedicates streets, rights-of-way and any sites for public use; r. Certification by the appropriate authorities for roads, water, sewers, and health that the subdivider has complied with one (1) of the following alternatives; i. All improvements have been installed in accordance with their requirements; ii. A performance bond has been posted in sufficient amount to assure comple on of all required improvements; or iii. Other guarantees of sa sfactory comple on of required improvements have been accepted with their condi ons specified in the cer fica on. s. Protective covenants, if any, shall be shown on the plat. If covenants are separately recorded, a statement shall be provided on the final plat as follows: "This plat is subject to the covenants set forth in the separate documents attached hereto dated ________, which hereby become a part of this plat, and which were recorded on ________;" t. A copy of the deeds for dedication of public areas to the appropriate public agency(s), if applicable; u. Zoning information including the current zoning district and all applicable zoning conditions, variances, and/or special use permits. The adopted ordinance, or final letter in the case of variances, shall be provided on the final plat; v. As-built construction drawings prepared by a professional engineer or surveyor, registered in the State of Georgia; w. Other data may be required by the Planning Commission in the enforcement of these regulations. This data may include final engineering design reports on proposed improvements, or other certificates, affidavits, endorsements, or dedications necessary to support the intent of these regulations. D. Review Process. The application shall be approved by the Planning and Zoning Department, the Public Works Department, the City Engineer, the Fire Marshal, and the Planning Commission. 14.8 Final Plat Recording It shall be the responsibility of the subdivider to send the approved final plat to the Clerk of the Superior Court of Henry County to be recorded. 14.9 Appeals If a Preliminary or Final Plat is denied, the applicant may file an appeal with the County Board of Commissioners, within 30 days following a denial. Appeals shall be processed in accordance with Chapter 11, Variances and Appeals. 14.10 Expira on A. Preliminary Plat Applications. An application for a preliminary plat shall expire six (6) months after the issuance of the latest letter/comments of plat revisions. The application may not expire within six (6) months if the inactivity is a result of a pending review from an external agency outside the applicant’s control. B. Plats. A plat remains valid for the duration of the project, subject to the following time restrictions: 1. An approved preliminary plat shall expire two (2) years after the approval date unless the applicant has filed a complete application for a final plat. 2. An approved Final Plat does not expire, provided it is recorded within six (6) months of approval. 14.11 Requirements Regarding Ownership and Management of Open Space A. Where open space is required in a proposed development, the open space shall be protected in perpetuity by a binding legal instrument that is recorded with the plat. If the entity accepting an easement is not the City of Stockbridge, then a right of enforcement favoring the city shall be included in the easement. The instrument shall be one (1) of the following: B. A permanent conservation easement in favor of either: 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. The conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or 2. A governmental entity that will ensure perpetual management of the open space. C. A permanent restric ve covenant, recorded on the final plat in favor of the City of Stockbridge. D. An equivalent legal tool that provides permanent protec on, if approved by the mayor and city council. E. The legal instrument for permanent protec on shall include clear restric ons on the use of the open space. The restric ons shall include all required by this unified development code. F. Open space may be owned by a homeowners' or property owners' associa on. Where such associa on is established and authorized to own the protected open space, membership in the associa on shall be mandatory for all owners and their successors within the development containing the protected open space. The associa on shall be responsible for managing and maintaining the open space and any structures located within the open space. 14.12 Requirements Regarding Stormwater Facili es A. The property upon which the stormwater facilities are located cannot be included in the description of any lot located in a residential subdivision. B. Maintenance and Responsibility. 1. Non-Residential Properties. a. Detention ponds and facilities that are located on commercial and industrial properties shall follow the title of the property upon which such facilities are located, and the owner of such property, after the expiration of the maintenance bond, shall be fully liable and responsible for the maintenance of such facilities. b. In addition to maintaining the stormwater management function of the facility, the property owner shall be responsible for the ongoing beautification and appearance of all stormwater detention ponds, retention ponds, and related facilities. Such maintenance shall include, at a minimum, routine mowing, removal of litter, debris, and dead vegetation, control of weeds and invasive plant species, maintenance or replacement of required landscaping, and upkeep of any decorative fencing, screening, irrigation systems, or other aesthetic improvements installed as part of the approved site plan. Stormwater facilities shall be maintained in a neat, safe, and attractive condition so as not to create a nuisance or detract from adjacent properties or public rights-of-way. 2. Residential Properties. a. Detention ponds that are located on residential properties may transfer full liability to a homeowner's association that is validly existing under the laws of the State of Georgia where such entity has the legal ability to assess and collect fees for the maintenance of those facilities. b. In the event of such a transfer, the homeowner's association shall be responsible for the payment of all costs that are incurred for the maintenance of the facility according to the ordinances of the city. 3. The city shall have a perpetual nonexclusive easement over and across all access easements to the detention ponds and facilities, together with a nonexclusive easement over, above, under and through the detention pond and facilities for the purpose of the operation and maintenance of such facilities. 4. All final plats that are submitted to the City for review shall include an unencumbered nonexclusive easement from an existing public roadway to any stormwater detention structure or pond. The access easement shall be a minimum of 20 feet in width and shall be at least graveled to accommodate the equipment necessary to clean and maintain both the easement and the structure or pond. 14.13 Street Name and Sign Requirements A. Street Names. 1. All proposed street names shall be approved by the Department during the preliminary plat review process or prior to recording of the road and its rightof-way deed. 2. Any request to change the name of an existing road shall be submitted to the Department for review and shall be approved by City Council. B. Street Signs. 1. The location of the street signs shall be determined during the review of the preliminary plat. CHAPTER 15: ENVIRONMENTAL PROTECTION 15.1 Stream Buffer Protec on 15.1.1 Findings and Purposes A. Findings. Whereas, the City Council of the City of Stockbridge finds that buffers adjacent to streams provide numerous benefits including: 1. Protec ng, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources; 2. Removing pollutants delivered in urban stormwater; 3. Reducing erosion and controlling sedimenta on; 4. Protec ng and stabilizing stream banks; 5. Providing for infiltra on of stormwater runoff; 6. Maintaining base flow of streams; 7. Contribu ng organic ma er that is a source of food and energy for the aqua c ecosystem; 8. Providing tree canopy to shade streams and promote desirable aqua c habitat; 9. Providing riparian wildlife habitat; 10. Furnishing scenic value and recrea onal opportunity; and 11. Providing opportuni es for the protec on and restora on of greenspace. B. Purposes. The purpose of this Section is to protect the public health, safety, environment, and general welfare; to minimize public and private losses due to erosion, siltation, and water pollution; and to maintain stream water quality by provisions designed to: 1. Create buffer zones along the streams of the City of Stockbridge for the protec on of water resources; and 2. Minimize land development within such buffers by establishing buffer zone requirements and by requiring authoriza on for any such ac vi es. 15.1.2 Applicability This Section shall apply to all land development activity on property containing a Stream Buffer Protection Area. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State, or Federal regulations. 15.1.3 Grandfathered Provisions. This Sec on shall not apply to the following ac vi es: A. Work consis ng of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effec ve date of the ordinance codified in this Sec on; B. Exis ng development and on-going land disturbance ac vi es including, but not limited to, exis ng agriculture, silviculture, landscaping, and gardening and lawn maintenance, except that new development or land disturbance ac vi es on such proper es will be subject to all applicable buffer requirements; C. Any land development ac vity that is under construc on, fully approved for development, scheduled for permit approval or has been submi ed for approval as of the effec ve date of the ordinance codified in this Sec on; D. Land development ac vity that has not been submi ed for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two (2) years of the effec ve date of the ordinance codified in this Sec on. 15.1.4 Exemp ons. The following specific ac vi es are exempt from this Sec on. Exemp on of these ac vi es does not cons tute an exemp on for any other ac vity proposed on a property. A. Ac vi es for the purpose of building one (1) of the following: 1. A Stream crossing by a driveway, transportation route or utility line; 2. Public water supply intake or public wastewater outfall structures; 3. Intrusions necessary to provide access to a property; 4. Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; 5. Unpaved foot trails and paths; or 6. Activities to restore and enhance stream bank stability, vegetation, water quality, and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. B. Public sewer line easements paralleling the creek, except that all easements (permanent and construc on) and land disturbance should be at least twenty-five (25) feet from the top of the bank. This includes such impervious cover as is necessary for the opera on and maintenance of the u lity, including, but not limited to, manholes, vents, and valve structures. This exemp on shall not be construed as allowing the construc on of roads, bike paths or other transporta on routes in such easements, regardless of paving material, except for access for the uses specifically cited in this sec on. C. Land development ac vi es within a right-of-way exis ng at the me the ordinance codified in this Sec on takes effect or approved under the terms of this Sec on. D. Within an easement of any u lity exis ng at the me the ordinance codified in this Sec on takes effect or approved under the terms of this Sec on, land disturbance ac vi es and such impervious cover as is necessary for the opera on and maintenance of the u lity, including, but not limited to, manholes, vents, and valve structures. E. Emergency work necessary to preserve life or property. However, when emergency work is performed under this sec on, the person performing it shall report such work to the Director on the next business day a er commencement of the work. Within ten (10) days therea er, the person shall apply for a permit and perform such work within such me period as may be determined by the Director to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability, or water quality of the protec on area. F. Forestry and silviculture ac vi es on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development ac vity. If such ac vity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing ac vity other than normal forest management prac ces will be allowed on the en re property for three (3) years a er the end of the ac vi es that intruded on the buffer. G. Any land development activity within a Stream Buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Chapter 11, Variances and Appeals, of this UDC. 15.1.5 Stream Buffer and Setback Requirements A. All land development activity subject to this article shall meet the following requirements: 1. An undisturbed natural vegeta ve buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. If defined banks are not iden fiable, the protected buffer will be measured from other iden fiable features such as the "point of wrested vegeta on" or the "ordinary high water mark". 2. An addi onal setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegeta ve buffer, in which all impervious cover shall be prohibited. Grading, filling, and earthmoving shall be minimized within the setback. 3. No sep c tanks or sep c tank drain fields shall be permi ed within the buffer or the setback. 15.1.6 Inspec on A. The City of Stockbridge may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City in making such inspections. The City of Stockbridge shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. B. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties. 15.1.7 Minor Land Disturbing Ac vi es. The following land-disturbing ac vi es are examples of projects not specifically listed in O.C.G.A. § 12-7-17(3) that would be considered minor landdisturbing ac vi es and are, therefore, exempt from the Georgia Erosion and Sedimenta on Act and the applicable buffer requirements for state waters. These minor land disturbing ac vi es shall be exempt from the buffer requirements of this Ar cle, as well: A. Elevated structures such as decks, gazebos, patios, walkways, viewing platforms or open picnic shelters, provided that: 1. The floor or decking is built in a pervious manner to allow for the infiltration of stormwater; 2. No more than 100 square feet of footprint of the elevated structure extends into or over the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA); 3. No grading, cutting, filling or similar land-disturbing activities occurring as a part of the site preparation, construction or subsequent development; 4. The structure is built on posts, concrete blocks or similar supports; 5. Permanent protective vegetative cover remains, or protective measures (for example, mulch or gravel) are installed within the footprint of the elevated structure to prevent post-construction soil erosion; 6. A natural canopy is left in sufficient quantity to keep shade on the streambed; and 7. No concrete or asphalt slabs, pads or foundations are constructed or placed as a part of the site preparation, construction or subsequent development. B. A pervious ground-level walkway approach to a dock or similar structure, provided that: 1. No more than 100 square feet of the constructed walkway extends into the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA); 2. No grading, cutting, filling or similar land-disturbing activities occur as a part of the site preparation, construction or subsequent development; 3. No concrete or asphalt slabs, pads, supports or foundations are constructed or placed as a part of the site preparation, construction or subsequent development; and 4. All ground preparation and walkway material placement is completed with the use of hand-held equipment. C. Restoration of buffer area after the removal of an existing structure, provided that the buffer area must be replanted with native vegetation. D. Maintenance or repair of existing structures, the failure of which would result in a threat to human health or County waters, such as sewer lines, water lines, dams or gas lines. Total disturbance must be less than 100 square feet. E. Placement of rock riprap within the buffer not to exceed 100 square feet on any one property, provided that: 1. The placement of the riprap does not result in soil disturbance outside the placement area; and 2. No grading, cutting, filling or similar land-disturbing activities occur as part of the site preparation, construction or subsequent development. 15.1.7 Land Disturbing Activities not Considered Minor. The following land-disturbing activities are examples of projects that are not considered minor land-disturbing activities and are, therefore, not exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters. Such activities shall comply with the requirements of this Article: A. Any land-disturbing activity utilizing wheeled or tracked machinery and equipment resulting in soil erosion within the buffer; 1. Paving with poured or prefab concrete or asphalt; 2. Any project or combination of projects occurring within the same calendar year on the same property resulting in more than 100 square feet of any elevated structures or pervious ground level walkways within or extending into the buffer; 3. Construction of a barbeque pit on a concrete or asphalt slab or pad within the buffer; 4. Construction of a ground-level patio within the buffer; 5. Construction of a swimming pool within the buffer; 6. Construction of a decorative or structural retaining wall within the buffer; 7. Construction of a new seawall with land-disturbing activities occurring within the buffer; and 8. Backfilling any new seawall construction within the buffer. B. Prohibited Activity. Any land development activity within a buffer established under this Section or any impervious cover within a setback established under this Section is prohibited unless a variance is granted pursuant to Chapter 11, Variances and Appeals, of this UDC. 15.2 Soil Erosion, Sedimenta on, and Pollu on Control 15.2.1 Title and Findings A. Title. This Section will be known as "The City of Stockbridge Soil Erosion, Sedimentation and Pollution Control Ordinance." B. Findings. The City of Stockbridge finds that soil erosion and sediment deposition onto land and into water within the watersheds of the City are a result of failure to apply proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is therefore declared to be the policy of the City and the intent of this Section to strengthen and extend the present erosion and sediment control activities and programs of the City and to provide for the establishment and implementation of a County-wide comprehensive soil erosion and sediment control program to conserve and protect the land, water, air, and other resources of the City of Stockbridge, GA. 15.2.2 Exemp ons. This Sec on shall apply to any land-disturbing ac vity undertaken by any person on any land except for the following: A. Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968;" B. Granite quarrying and land clearing for such quarrying; C. Such minor land-disturbing ac vi es as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related ac vi es which result in minor soil erosion; D. The construc on of single-family residences, when such construc on disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however: 1. Construc on of any such residence shall conform to the minimum requirements as set forth in Sec on 15.2.3.C of this Sec on. 2. For single-family residence construc on covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any State waters classified as trout streams pursuant to Ar cle 2 of Chapter 5 of the Georgia Water Quality Control Act. a. In any such buffer zone, no land-disturbing ac vity shall be constructed between the residence and the point where vegeta on has been wrested by normal stream flow or wave ac on from the banks of the trout waters. b. Primary Trout Waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. c. Secondary Trout Waters. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. d. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. 3. The minimum requirements of Sec on 15.2.3.C of this Sec on and the buffer zones provided by this paragraph shall be enforced by the City; E. Agricultural opera ons as defined in O.C.G.A. § 1-3-3, "defini ons", to include raising, harves ng or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the produc on of livestock, including, but not limited to, ca le, calves, swine, hogs, goats, sheep, and rabbits or for use in the produc on of poultry, including, but not limited to, chickens, hens and turkeys; producing plants, trees, fowl, or animals; the produc on of aqua culture, hor cultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; F. Forestry land management prac ces, including harves ng; provided, however, that when such exempt forestry prac ces cause or result in land-disturbing or other ac vi es otherwise prohibited in a buffer. No other land-disturbing ac vi es, except for normal forest management prac ces, shall be allowed on the en re property upon which the forestry prac ces were conducted for a period of three (3) years a er comple on of such forestry prac ces; G. Any project carried out under the technical supervision of the Natural Resources Conserva on Service (NRCS) of the United States Department of Agriculture; H. Any non-commercial project involving less than one (1) acre of disturbed area; provided, however, that this exemp on shall not apply to any land-disturbing ac vity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within 200 feet of the bank of any State Waters, provided that: 1. For purposes of this paragraph, "State Waters" excludes channels and drainage ways which have water in them only during and immediately a er rainfall events and intermi ent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land-disturbing ac vity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located; and 2. That nothing contained herein shall prevent the local issuing authority from regula ng any such project which is not specifically exempted by this sec on. 3. Commercial projects of 5,000 square feet or greater of disturbed area are not exempt from any provision of this Sec on; provided, however, that the City of Stockbridge may specifically exempt commercial projects of less than one (1) acre from soil erosion plan requirements in cases where minimal land disturbance is to occur); I. Construc on or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transporta on, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construc on or maintenance project, or both, undertaken by any county or municipality; provided, however, that construc on or maintenance projects of the Department of Transporta on or the State Road and Tollway Authority which disturb one (1) or more con guous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1; except where the Department of Transporta on, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permi ee for a project located within a larger common plan of development or sale under the State general permit, in which case a copy of a no ce of intent under the State general permit shall be submi ed to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and viola ons shall be subject to the same penal es as viola ons by permit holders; J. Any land-disturbing ac vi es conducted by any electric membership corpora on or municipal electrical system or any public u lity under the regulatory jurisdic on of the Public Service Commission, any u lity under the regulatory jurisdic on of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 3618-1, or any agency or instrumentality of the United States engaged in the genera on, transmission, or distribu on of power; except where an electric membership corpora on or municipal electrical system or any public u lity under the regulatory jurisdic on of the Public Service Commission, any u lity under the regulatory jurisdic on of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the genera on, transmission, or distribu on of power is a secondary permi ee for a project located within a larger common plan of development or sale under the State general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and viola ons shall be subject to the same penal es as viola ons by permit holders; and K. Any public water system reservoir. 15.2.3 Minimum Requirements A. General Provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of this Section and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this Section shall contain provisions for application of soil erosion, sedimentation, and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation, and pollution control plans. Soil erosion, sedimentation, and pollution control measures and practices shall conform to the minimum requirements of Section 15.2.3.B, Minimum Requirements/BMPs and Section 15.2.3.B of this Section. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation, and pollution during all stages of any land-disturbing activity in accordance with requirements of this Section and the NPDES general permit. B. Minimum Requirements/BMPs 1. Best management prac ces as set forth in this Sec on shall be required for all land-disturbing ac vi es. Proper design, installa on, and maintenance of best management prac ces shall cons tute a complete defense to any ac on by the Director or to any other allega on of noncompliance with Sec on 15.2.3.B.2 or any substan ally similar terms contained in a permit for the discharge of storm water issued pursuant to subsec on (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act." As used in this subsec on, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifica ons contained in the "Manual for Erosion and Sediment Control in Georgia" specified in subsec on (b) of O.C.G.A. § 12-7-6. 2. A discharge of storm water runoff from disturbed areas where best management prac ces have not been properly designed, installed, and maintained shall cons tute a separate viola on of any land-disturbing permit issued by a local issuing authority or of any State general permit issued by the division pursuant to subsec on (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters suppor ng warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construc on of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construc on is equal to or greater than five (5) acres. 3. Failure to properly design, install, or maintain best management prac ces shall cons tute a viola on of any land-disturbing permit issued by a local issuing authority or of any State general permit issued by the division pursuant to subsec on (f) of O.C.G.A. § 12-5-30, the "Georgia Water Quality Control Act," for each day on which such failure occurs. 4. The Director may require reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing ac vi es occur. 5. The City or district office may set more stringent buffer requirements than stated in elsewhere in this ordinance, in light of subsec on (c) of O.C.G.A. § 12-7-6. C. Addi onal Requirements. The rules and regula ons, ordinances, or resolu ons adopted pursuant to O.C.G.A. § 12-7-1 et seq. for the purpose of governing land-disturbing ac vi es shall require, as a minimum, protec ons at least as stringent as the State general permit; and best management prac ces, including sound conserva on and engineering prac ces to prevent and minimize erosion and resultant sedimenta on, which are consistent with, and no less stringent than, those prac ces contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Georgia Soil and Water Conserva on Commission as of January 1 of the year in which the land-disturbing ac vity was permi ed, as well as the following: 1. A construc on exit designed in accordance with the "Manual for Erosion and Sediment Control in Georgia" must be the first element developed on a construc on site. The construc on exit must be maintained in such a way as to prevent any mud from being tracked onto public roads; 2. Stripping of vegeta on, regrading and other development ac vi es shall be conducted in a manner so as to minimize erosion; 3. Cut-fill opera ons must be kept to a minimum; 4. Development plans must conform to topography and soil type so as to create the lowest prac cable erosion poten al; 5. Whenever feasible, natural vegeta on shall be retained, protected, and supplemented; 6. The disturbed area and the dura on of exposure to erosive elements shall be kept to a prac cable minimum; 7. Disturbed soil shall be stabilized as quickly as prac cable; 8. Temporary vegeta on or mulching shall be employed to protect exposed cri cal areas during development; 9. Permanent vegeta on and structural erosion control prac ces shall be installed as soon as prac cable; 10. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures un l the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condi on of con nuous compliance with the requirements of O.C.G.A. § 12-7-1 et seq.; 11. Adequate provisions must be provided to minimize damage from surface water to the cut face of excava ons or the sloping of fills; 12. Cuts and fills may not endanger adjoining property; 13. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 14. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; 15. Land-disturbing ac vity plans for erosion, sedimenta on, and pollu on control shall include provisions for treatment or control of any source of sediments and adequate sedimenta on control facili es to retain sediments on-site or preclude sedimenta on of adjacent waters beyond the levels specified in this Sec on. 16. Except as provided in this Sec on, there is established a 25 foot buffer along the banks of all State Waters, as measured horizontally from the point where vegeta on has been wrested by normal stream flow or wave ac on, except where the Director determines to allow a variance that is at least as protec ve of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifica ons, and are implemented; or along any ephemeral stream. As used in this provision, the term "ephemeral stream" means a stream that under normal circumstances has water flowing only during and for a short dura on a er precipita on events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipita on is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to Part 6 of Ar cle 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land-disturbing ac vi es shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegeta on un l all land-disturbing ac vi es on the construc on site are completed. Once the final stabiliza on of the site is achieved, a buffer may be thinned or trimmed of vegeta on as long as a protec ve vegeta ve cover remains to protect water quality and aqua c habitat and a natural canopy is le in sufficient quan ty to keep shade on the stream bed; provided, however, that any person construc ng a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegeta on in a buffer at any me as long as protec ve vegeta ve cover remains to protect water quality and aqua c habitat and a natural canopy is le in sufficient quan ty to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing ac vi es, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifica ons and are implemented: i. Stream crossings for water lines; or ii. Stream crossings for sewer lines; and 17. There is established a 50 foot buffer as measured horizontally from the point where vegeta on has been wrested by normal stream flow or wave ac on, along the banks of any State waters classified as "trout streams" pursuant to Ar cle 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discre on of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing ac vity, provided that adequate erosion control measures are incorporated in the project plans and specifica ons and are implemented. The following requirements shall apply to such buffer: a. No land-disturbing ac vi es shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegeta on un l all land-disturbing ac vi es on the construc on site are completed. Once the final stabiliza on of the site is achieved, a buffer may be thinned or trimmed of vegeta on as long as a protec ve vegeta ve cover remains to protect water quality and aqua c habitat and a natural canopy is le in sufficient quan ty to keep shade on the stream bed: provided, however, that any person construc ng a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegeta on in a buffer at any me as long as protec ve vegeta ve cover remains to protect water quality and aqua c habitat and a natural canopy is le in sufficient quan ty to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing ac vi es, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifica ons and are implemented: i. Stream crossings for water lines; or ii. Stream crossings for sewer lines; and 18. There is established a 25 foot buffer along coastal marshlands, as measured horizontally from the coastal marshland-upland interface, as determined in accordance with Chapter 5 of Title 12 of this tle, the "Coastal Marshlands Protec on Act of 1970," and the rules and regula ons promulgated thereunder, except where the Director determines to allow a variance that is at least as protec ve of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where an altera on within the buffer area has been authorized pursuant to O.C.G.A. § 12-5-286, for maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and pa os; provided, however: a. That if such maintenance requires any land-disturbing ac vity, adequate erosion control measures are incorporated into the project plans and specifica ons and such measures are fully implemented, where a drainage structure or roadway drainage structure is constructed or maintained; b. That if such maintenance requires any land-disturbing ac vity, adequate erosion control measures are incorporated into the project plans and specifica ons and such measures are fully implemented, on the landward side of any currently serviceable shoreline stabiliza on structure, or for the maintenance of any manmade storm-water deten on basin, golf course pond, or impoundment that is located en rely within the property of a single individual, partnership, or corpora on; provided, however, that adequate erosion control measures are incorporated into the project plans and specifica ons and such measures are fully implemented. c. For the purposes of this paragraph maintenance shall be defined as ac ons necessary or appropriate for retaining or restoring a currently serviceable improvement to the specified operable condi on to achieve its maximum useful life. Maintenance includes emergency reconstruc on of recently damaged parts of a currently serviceable structure so long as it occurs within a reasonable period of me a er damage occurs. Maintenance does not include any modifica on that changes the character, scope, or size of the original design and serviceable shall be defined as usable in its current state or with minor maintenance but not so degraded as to essen ally require reconstruc on. i. No land-disturbing ac vi es shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegeta on un l all land-disturbing ac vi es on the construc on site are completed. Once the final stabiliza on of the site is achieved, a buffer may be thinned or trimmed of vegeta on as long as a protec ve vegeta ve cover remains to protect water quality and aqua c habitat; provided, however, that any person construc ng a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegeta on in a buffer at any me as long as protec ve vegeta ve cover remains to protect water quality and aqua c habitat; and ii. The buffer shall not apply to crossings for u lity lines that cause a width of disturbance of no more than 50 feet within the buffer, provided, however, that adequate erosion control measures are incorporated into the project plans and specifica ons and such measures are fully implemented. iii. The buffer shall not apply to any land-disturbing ac vity conducted pursuant to and in compliance with a valid and effec ve land-disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifica ons and such measures are fully implemented or any lot for which the preliminary plat has been approved prior to December 31, 2015 if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effec ve date of this Act and if the requirement to maintain a 25 foot buffer would consume at least 18% of the high ground of the pla ed lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifica ons and such measures are fully implemented. iv. Ac vi es where the area within the buffer is not more than 500 square feet or that have a "minor buffer impact" as defined in EPD Rule 391-3-7-.01(r), provided that the total area of buffer impacts is less than 5,000 square feet are deemed to have an approved buffer variance by rule. Bank stabiliza on structures are not eligible for coverage under the variance by rule and no fica on shall be made to the division at least 14 days prior to the commencement of land-disturbing ac vi es. 19. Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority from adop ng rules and regula ons, ordinances, or resolu ons which contain stream buffer requirements that exceed the minimum requirements in Subsec ons B. and C. of this sec on. 20. The fact that land-disturbing ac vity for which a permit has been issued results in injury to the property of another shall neither cons tute proof of nor create a presump on of a viola on of the standards provided for in this Sec on or the terms of the permit. 15.2.4 Applica on/Permit Process A. General. The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The local issuing authority shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this Section, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the owner and/or operator are the only parties who may obtain a permit. B. Application Requirements. 1. Permit. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the City without first obtaining a permit from the City to perform such activity and providing a copy of notice of intent submitted to EPD if applicable. 2. Application. The application for a permit shall be submitted to the City and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data as necessary. Said plans shall include, as a minimum, the data specified in Section 15.2.4.C, Plan Requirements. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the landdisturbing activity proposed will be carried out in such a manner that the provisions of Section 15.2.4.B and Section 15.2.4.C of this Section will be met. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-10. 3. Fee. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. § 12-5-23, provided that such fees shall not exceed eighty dollars ($80.00) per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the State general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8 half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. 4. Immediately upon receipt of an application and plan for a permit, the City shall review and approve or disapprove concerning the adequacy of the erosion, sedimentation and pollution control plan. The City shall approve or disapprove a plan within 35 days of receipt. Failure of the City to act within 35 days shall be considered an approval of the pending plan. No permit will be issued unless the plan has been approved by the City, and any variances required by Section 15.2.3.C have been obtained, all fees have been paid, and bonding, if required as per Section 15.2.4.B, has been obtained. 5. If a permit applicant has had two (2) or more violations of previous permits, this section, or the Erosion and Sedimentation Act, as amended, within three (3) years prior to the date of filing the application under consideration, the local issuing authority may deny the permit application. 6. The City or district office may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the local issuing authority with respect to alleged permit violations. C. Plan Requirements. 1. Plans must be prepared to meet the minimum requirements as contained in Section 15.2.3.B and Section 15.2.3.C, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The "Manual for Erosion and Sediment Control in Georgia" is hereby incorporated by reference into this Section. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures, including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. 2. Data required for the site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the landdisturbing activity was permitted. D. Permits. 1. Permits shall be issued or denied as soon as practicable, but in any event not later than 45 days after receipt by the local issuing authority of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the local issuing authority unless the erosion, sedimentation and pollution control plan has been approved by the district and the local issuing authority has affirmatively determined that the plan is in compliance with this Section, any variances required by Section 15.2.3.C.16, 17, and 18 are obtained, bonding requirements, if necessary, as per Section 15.2.4.B.6 are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local issuing authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 3. Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this Section, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this Section. A holder of a permit shall notify any successor in title to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The City or district office may reject a permit application if the applicant has had two (2) or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three (3) years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1). 15.2.5 Educa on and Cer fica on A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. B. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the State general permit, shall have as a minimum one (1) person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the State general permit. C. Persons or entities involved in projects not requiring a State general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this Section. D. If a State general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. § 12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A. § 12-719 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. 15.2.5 Inspec on and Enforcement A. The City will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation B. The City shall regulate primary, secondary, and tertiary permittees as such terms are defined in the State general permit. 1. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting landdisturbing activities. 2. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting landdisturbing activities. 3. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. 15.2.6 Effec vity, Validity and Liability A. Effectivity. This Section shall become effective with the adoption of the ordinance. B. Validity. If any section, paragraph, clause, phrase, or provision of this Section shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Section. C. Liability. 1. Neither the approval of a plan under the provisions of this Section, nor the compliance with provisions of this Section shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the local issuing authority or district for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Section or the terms of the permit. 3. No provision of this Section shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the State as defined thereby. 15.3 Illicit Discharge and Illegal Connec on. 15.3.1 General Provisions A. Purpose and Intent. The purpose of this Section is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the City's separate storm sewer system to the maximum extent practicable as required by Federal law. This Section establishes methods for controlling the introduction of pollutants into the City's separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Section are to: 1. Regulate the contribution of pollutants to the City's separate storm sewer system by any person; 2. Prohibit illicit discharges and illegal connections to the City's separate storm sewer system; 3. Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the City's separate storm sewer system; and 4. To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with the provisions of this Section. B. Applicability. The provisions of this Section shall apply throughout the municipal boundaries of the City and to all discharges entering the City's storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. C. Compatibility with Other Regulations. This Section is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of the ordinance codified in this Section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of the ordinance codified in this Section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. D. Responsibility for Administration. The authorized enforcement agency shall administer, implement and enforce the provisions of this Section. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employment of the agency. 15.3.2 Prohibi ons A. Prohibition of Illicit Discharges. No person shall throw, drain or otherwise discharge, cause or allow others under their control to throw, drain or otherwise discharge into the City's separate storm sewer system any pollutants or waters containing any pollutants other than stormwater. B. Exemptions. The following discharges are exempt from the prohibition provision above: 1. Water line flushing when performed by a governmental agency or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated—typically less than one (1) PPM chlorine), and any other water source not containing pollutants; 2. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety; 3. Dye testing is an allowable discharge, but requires a verbal notification to the City prior to the time of the test; and 4. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. C. Prohibition of Illegal Connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the City's separate storm sewer system is prohibited: 1. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection. 2. A person violates this Section if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue. 3. Improper connections in violation of this Section must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Sanitation Department. 4. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City. 15.3.3 Industrial, Construc on Discharges Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with the provisions of such permit. Proof of compliance with the permit may be required in a form acceptable to the City prior to allowing discharges to the City’s separate storm sewer system. 15.3.4 Repor ng Illicit Discharge to Issuing Authority/City of Stockbridge A. Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the City's separate storm sewer system, State Waters, or waters of the United States that person shall take all necessary steps to ensure the discovery, containment and cleanup of such release so as to minimize the effects of the discharge. B. Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within three (3) business days of the phone call or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. That person shall also take immediate steps to ensure no recurrence of the discharge or spill. C. In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified. D. Failure to provide notification of a release as provided above is a violation of the provisions of this Section. 15.3.5 Best Management Prac ces The authorized enforcement agency will adopt requirements identifying best management practices for any activity, operation or facility which may cause or contribute to pollution or contaminations of stormwater, the storm drain system, State waters or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the City's separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. 15.3.6 Watercourse Protec on Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. 15.3.7 Effec vity, Validity and Liability A. Effectivity. This Section shall become effective with the adoption of the ordinance. B. Validity. If any section, paragraph, clause, phrase, or provision of this Section shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this Section. 15.4 Floodplain Management/Flood Damage Preven on 15.4.1 General A. In General. 1. The flood hazard areas of the City of Stockbridge are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas. 3. Effective floodplain management and flood hazard protection activities can: a. Protect human life and health; b. Minimize damage to private property; c. Minimize damage to public facili es and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and d. Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public. 4. Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 361-20(a) have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Stockbridge, Georgia, does ordain this Section and establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property. B. Purpose. The purpose of this Section is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to: 1. Require that uses vulnerable to floods, including facili es which serve such uses, be protected against flood damage at the me of ini al construc on; 2. Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which increase flood heights, veloci es, or erosion; 3. Control filling, grading, dredging and other development which may increase flood damage or erosion; 4. Prevent or regulate the construc on of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; 5. Limit the altera on of natural floodplains, stream channels, and natural protec ve barriers which are involved in the accommoda on of floodwaters; and 6. Protect the stormwater management, water quality, streambank protec on, stream corridor protec on, wetland preserva on and ecological func ons of natural floodplain areas. C. Applicability. This Section shall be applicable to all areas of special flood hazard within the jurisdiction of the City of Stockbridge, Georgia. For the purposes of defining and determining "areas of special flood hazard," "areas of future-conditions flood hazard," "areas of shallow flooding," "base flood elevations," "floodplains," "floodways," "futureconditions flood elevations," "future-conditions floodplains," potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this Section, the following documents and sources may be used for such purposes and are adopted by reference thereto: 1. The flood insurance study (FIS) for the County, dated June 15, 2022, with accompanying maps and other supporting data and any revision thereto. 3. Other studies which may be relied upon for the establishment of the base flood eleva on or delinea on of the 100-year floodplain and flood-prone areas include: a. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, State or Federal agency applicable to the City of Stockbridge; or b. Any base flood study authored by a registered professional engineer in the State of Georgia which has been prepared by the Federal Emergency Management Agency ("FEMA") approved methodology and approved by the department designated by Mayor and City Council. 4. Other studies which may be relied upon for the establishment of the futurecondi ons flood eleva on or delinea on of the future-condi ons floodplain and flood-prone areas include: a. Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, State or Federal agency applicable to the City of Stockbridge; or b. Any future-conditions flood study authored by a registered professional engineer in the State of Georgia which has been prepared by FEMAapproved methodology and approved by the City. c. The repository for public inspec on of the FIS, accompanying maps and other suppor ng data is located at the department designated by the City. F. Compatibility with Other Regulations. This Section is not intended to modify or repeal any other chapter, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this Section are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other chapter, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. G. Warning and Disclaimer of Liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by manmade or natural causes. This Section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the City of Stockbridge or by any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. 15.4.2 Administra on and Enforcement. A. Designation of Administrator. 1. Appointed. The City Engineer or their designee is hereby appointed to administer and implement the provisions of this Section. 2. Duties and Responsibilities. Duties of the City Engineer shall include, but not be limited to: a. Review all land development applications and permits to assure that the requirements of this Section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding; b. Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1344; c. Require the applicant to obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, when base flood elevation data or floodway data have not been provided; d. Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures; e. Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been flood proofed; f. Obtain certification of design criteria from a registered professional engineer or architect when flood proofing is utilized for a structure; g. Notify affected adjacent communities and the State Department of Natural Resources (DNR) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); h. Make the necessary interpretation where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary is given a reasonable opportunity to appeal the interpretation, as provided in this Division. Where floodplain elevations have been defined, the floodplain is determined based on flood elevations rather than the area graphically delineated on the floodplain maps; i. Coordinate all Flood Insurance Rate Map (FIRM) revisions with the Georgia DNR and FEMA; j. Review variance applications and make recommendations to the appointed board. 3. Records. a. All records pertaining to the provisions of this Section are maintained in the office of the County Clerk and are open for public inspection. b. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of adopted City Building Code. 15.4.3 Permit Requirements A. No owner or developer shall perform any development activities on a site where an area of special flood hazard or area of future conditions flood hazard is located without first meeting the requirements of this Section prior to commencing the proposed activity. B. Unless specifically excluded by this Section, any landowner or developer desiring a permit for a development activity shall submit to the City a permit application on a form provided by the City. C. No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this Section. 15.4.4 Floodplain Management Plan Requirements. An applica on for a development project with any area of special flood hazard located on the site will be required to include a floodplain management/flood damage preven on plan. This plan shall include the following items: A. Site plan drawn to scale, which includes, but is not limited to: 1. Exis ng and proposed eleva ons of the area in ques on and the nature, loca on and dimensions of exis ng and/or proposed structures, earthen fill placement, amount and loca on of excava on material, and storage of materials or equipment; 2. For all proposed structures, spot ground eleva ons at building corners and twenty-foot or smaller intervals along the founda on footprint, or one-foot contour eleva ons throughout the building site; 3. Proposed loca ons of water supply, sanitary sewer, and u li es; 4. Proposed loca ons of drainage and stormwater management facili es; 5. Proposed grading plan; 6. Base flood eleva ons and future-condi ons flood eleva ons; 7. Boundaries of the base flood floodplain and future-condi ons floodplain; 8. If applicable, the loca on of the floodway; and 9. Cer fica on of the above by a registered professional engineer or surveyor. B. Building and founda on design detail, including, but not limited to: 1. Eleva on in rela on to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structure; 2. Eleva on in rela on to mean sea level to which any nonresiden al structure will be floodproofed; 3. Cer fica on that any proposed nonresiden al floodproofed structure meets the criteria in Sec on 15.4.8.B, Nonresiden al Buildings.; 4. For enclosures below the base flood eleva on, loca on and total net area of founda on openings as required in Sec on 15.4.7.A.5, Elevated Buildings; and 5. Design plans cer fied by a registered professional engineer or architect for all proposed structure(s). C. Descrip on of the extent to which any watercourse will be altered or relocated as a result of the proposed development; D. Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development condi ons base flood eleva ons, futurecondi ons flood eleva ons, flood protec on eleva ons, special flood hazard areas and regulatory floodway widths, flood profiles and all other computa ons and other informa on similar to that presented in the FIS; E. Copies of all applicable State and Federal permits necessary for proposed development, including, but not limited to, permits required by Sec on 404 of the Federal Water Pollu on Control Act, Amendments of 1972, 33 U.S.C. § 1334; and F. All appropriate cer fica ons required under this Sec on. G. The approved floodplain management/flood damage preven on plan shall contain cer fica on by the applicant that all development ac vi es will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy cer ficates or permits may be revoked at any me if the construc on and development ac vi es are not in strict accordance with approved plans. 15.4.5 Construc on Stage Submi al Requirements A. For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the department designated by the City a certified as-built elevation certificate or floodproofing certificate for nonresidential construction, including the lowest floor elevation or floodproofing level immediately after the lowest floor or floodproofing is completed. A final elevation certificate shall be provided after completion of construction, including final grading of the site. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for nonresidential structures, such certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. B. Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The department designated by the Henry County Board of Commissioners shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make the corrections required by this Section shall be caused to issue a stop-work order for the project. 15.4.6 Development Standards. A. Definition of Floodplain Boundaries. 1. "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available. 2. For all streams with a drainage area of 100 acres or greater, the futureconditions flood elevations shall be provided by the department designated by the City. If future-conditions elevation data is not available from the department designated by the City, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the City. B. Definition of Floodway Boundaries. The width of a floodway shall be determined from the FIS or FEMA-approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the department designated by the City. If floodway data is not available from the department, then it shall be determined by a registered professional engineer using a method approved by FEMA and the department designated by the City. C. General Standards. 1. No development shall be allowed within the future-conditions floodplain that could result in any of the following: a. Raising the base flood eleva on or future-condi ons flood eleva on equal to or more than one-hundredth of one (0.01) foot; b. Reducing the base flood or future-condi ons flood storage capacity; c. Changing the flow characteris cs as to the depth and velocity of the waters of the base flood or future-condi ons flood as they pass both the upstream and the downstream boundaries of the development area; or d. Crea ng hazardous or erosion-producing veloci es, or resul ng in excessive sedimenta on. 2. Any development within the future-conditions floodplain allowed under this Section shall also meet the following conditions: a. Compensa on for storage capacity shall occur between the average groundwater table eleva on and the base flood eleva on for the base flood, and between the average groundwater table eleva on and the future-condi ons flood eleva on for the future-condi ons flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the loca on of the encroachment. Acceptable means of providing required compensa on include lowering of natural ground eleva ons within the floodplain, or lowering of adjoining land areas to create addi onal floodplain storage. In no case shall any required compensa on be provided via bo om storage or by excava ng below the eleva on of the top of the natural (pre-development) stream channel unless such excava on results from the widening or reloca on of the stream channel; b. Cut areas shall be stabilized and graded to a slope of no less than two percent (2%); c. Effec ve transi ons shall be provided such that flow veloci es occurring on both upstream and downstream proper es are not increased or decreased; d. Verifica on of no-rise condi ons (one-hundredth of one (0.01) foot or less), flood storage volumes, and flow characteris cs shall be provided via a step-backwater analysis mee ng the requirements of Sec on 15.4.6.D, Engineering Study Requirements for Floodplain Encroachments; e. Public u li es and facili es, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltra on or contamina on from floodwaters; and f. Any significant physical changes to the base flood floodplain shall be submi ed as a condi onal le er of map revision ("CLOMR") or condi onal le er of map amendment ("CLOMA"), whichever is applicable. The CLOMR submi al shall be subject to approval by the department designated by the City using the community consent forms before forwarding the submi al package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six (6) months of the comple on of construc on, the applicant shall submit as-built surveys for a final le er of map revision ("LOMR"). D. Engineering Study Requirements for Floodplain Encroachments. An engineering study is required, as appropriate, to the proposed development activities on the site, whenever a development proposes to disturb any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and/or floodways. This study shall be prepared by a currently registered professional engineer in the State of Georgia and made a part of the application for a permit. This information shall be submitted to and approved by the department designated by the City prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include: 1. Descrip on of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development; 2. Step-backwater analysis, using a FEMA-approved methodology and approved by the department designated by the City. Cross-sec ons (which may be supplemented by the applicant) and flow informa on will be obtained whenever available. Computa ons will be shown duplica ng FIS results and will then be rerun with the proposed modifica ons to determine the new base flood profiles, and future-condi ons flood profiles; 3. Floodplain storage calcula ons based on cross-sec ons (at least one (1) every 100 hundred feet) showing exis ng and proposed floodplain condi ons to show that base flood floodplain and future-condi ons floodplain storage capacity would not be diminished by the development; and 4. The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-condi ons floodplain encroachments. E. Floodway Encroachments. Located within areas of special flood hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: 1. Encroachments Prohibited. Encroachments are prohibited, including earthen fill, new construc on, substan al improvements or other development within the regulatory floodway. 2. Permi ed Encroachments. Encroachments for bridges, culverts, roadways and u li es within the regulatory floodway may be permi ed, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering prac ce that the encroachment shall not result in any increase to the pre-project base flood eleva ons, floodway eleva ons, or floodway widths during the base flood discharge. a. A registered professional engineer must provide suppor ng technical data and cer fica on thereof; and b. If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an altera on of the floodway shall be issued by the department designated by the City un l an affirma ve condi onal le er of map revision ("CLOMR") is issued by FEMA and no-rise cer fica on is approved by the department designated by the City. F. Maintenance Requirements. The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not diminished. The department designated by the City may direct the property owner (at no cost to the City of Stockbridge) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the City. 15.4.7 Flood Damage Reduc on A. General Standards. In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions apply: 1. New construc on of principal buildings (residen al or nonresiden al), including manufactured homes, shall not be allowed within the limits of the futurecondi ons floodplain, unless all requirements of Sec on 15.4.6, Development Standards have been met. 2. New construc on or substan al improvements of exis ng structures shall be anchored to prevent flota on, collapse or lateral movement of the structure. 3. New construc on or substan al improvements of exis ng structures shall be constructed with materials and u lity equipment resistant to flood damage. 4. New construc on or substan al improvements of exis ng structures shall be constructed by methods and prac ces that minimize flood damage. 5. Elevated Buildings. All new construc on and substan al improvements of exis ng structures that include any fully enclosed area located below the lowest floor formed by founda on and other exterior walls shall be designed so as to be an unfinished and flood-resistant enclosure. The enclosure shall be designed to equalize hydrosta c flood forces on exterior walls by allowing for the automa c entry and exit of floodwater. a. Designs for complying with this requirement must either be cer fied by a professional engineer or architect or meet the following minimum criteria: i. Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; ii. The bo om of all openings shall be no higher than one (1) foot above grade; and iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automa c flow of floodwater in both direc ons; b. So as not to violate the "lowest floor" criteria of this Section, the unfinished and flood-resistant enclosure shall solely be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and c. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. 6. All hea ng and air condi oning equipment and components (including ductwork), all electrical, ven la on, plumbing, and other service facili es shall be designed and/or located three (3) feet above the base flood eleva on or one (1) foot above the future-condi ons flood eleva on, whichever is higher, so as to prevent water from entering or accumula ng within the components during condi ons of flooding. 7. Manufactured homes shall be anchored to prevent flota on, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame es to ground anchors. This standard shall be in addi on to and consistent with applicable State requirements for resis ng wind forces. 8. All proposed development shall include adequate drainage and stormwater management facili es per the requirements of the City of Stockbridge to reduce exposure to flood hazards. 9. New and replacement water supply systems shall be designed to minimize or eliminate infiltra on of floodwaters into the system. 10. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltra on of floodwaters into the systems and discharges from the systems into floodwaters. 11. On-site waste disposal systems shall be located and constructed to avoid impairment to them, or contamina on from them, during flooding. 12. Any altera on, repair, reconstruc on or improvement to a structure which is not compliant with the provisions of this Sec on, shall be undertaken only if the nonconformity is not furthered, extended or replaced. 13. If the proposed development is located in mul ple flood zones or mul ple base flood eleva on cross the proposed site, the higher or more restric ve base flood eleva on or future condi on eleva on and development standards shall take precedence. 14. When only a por on of a proposed structure is located within a flood zone or the future condi ons floodplain, the en re structure shall meet the requirements of this Sec on. 15. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding: a. All such proposals shall be consistent with the need to minimize flood damage within the flood-prone area; b. All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and c. Adequate drainage shall be provided to reduce exposure to flood hazards. 15.4.8 Building Standards for Structures and Buildings within the Future-Condi ons Floodplain A. Residential Buildings. 1. New Construction. New construction of principal residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Section 15.4.6, Development Standards have been met. a. If all of the requirements have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. 2. Substantial Improvements. Substantial improvement of any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. B. Nonresidential Buildings. 1. New Construction. New construction of principal nonresidential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Section 15.4.6, Development Standards have been met. a. If all of the requirements of Section 15.4.6, Development Standards have been met, all new construction shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of subsection Section 15.4.7.A, Flood Damage Reduction. c. New construction that has met all of the requirements of Section 15.4.6, Development Standards may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the City using the FEMA floodproofing certificate along with the design and operation/maintenance plan. 2. Substantial Improvements. Substantial improvement of any principal nonresidential structure located in A1-30, AE, or AH zones, may be authorized by the director and/or his designee to be elevated or floodproofed. a. Substantial improvements shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. b. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.7.A, Flood Damage Reduction. c. Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the department designated by the City and/or its designee using the FEMA floodproofing certificate along with the design and operation/maintenance plan. C. Accessory Structures and Facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, recreational facilities and other similar non-habitable structures and facilities) which meet the requirements of Section 15.4.6, Development Standards and are permitted to be located within the limits of the future-conditions floodplain shall be constructed of flood-resistant materials and designed to provide adequate flood openings in accordance with Section 15.4.7.A, Flood Damage Reduction. and be anchored to prevent flotation, collapse or lateral movement of the structure. D. Recreational Vehicles. All recreational vehicles placed on sites must either: 1. Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or 2. The recreational vehicle must meet all the requirements for residential buildingssubstantial improvements set forth in Section 15.4.8.A.2, including the anchoring and elevation requirements. E. Manufactured Homes. 1. New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all of the requirements of Section 15.4.6, Development Standards have been met, all new construction and substantial improvements shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with the standards of Section 15.4.7.A, Flood Damage Reduction. 2. Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision are elevated so that either: (a) The lowest floor of the manufactured home is elevated no lower than three (3) feet above the level of the base flood elevation, or one (1) foot above the futureconditions flood elevation, whichever is higher; or (b) The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. 3. All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with the standards of Section 15.4.7.A.7. 15.4.9 Building Standards for Structures and Buildings Authorized Adjacent to the FutureCondi ons Floodplain. A. Residential Buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. B. Nonresidential Buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one (1) foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 15.4.6, Development Standards. Non-residential buildings may be floodproofed in lieu of elevation. 15.4.10 Building Standards for Residen al Single-Lot Development on Streams without Established Base Flood Eleva ons and/or Floodway (A zones) A. For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A zones), the official designated by the City and/or his designee shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a Federal, State, local or other source, in order to administer the provisions and standards of this Section. If data are not available from any of these sources, the following provisions shall apply: 1. No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater; and 2. In special flood hazard areas without base flood or future-condi ons flood eleva on data, new construc on and substan al improvements of exis ng structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Flood openings sufficient to facilitate automa c equaliza on of hydrosta c flood forces shall be provided for flood prone enclosures in accordance with Sec on 15.4.7.A, Flood Damage Reduc on. 15.4.11 Building Standards for Areas of Shallow Flooding (AO zones) A. Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of one (1) to three (3) feet above ground, with no clearly defined channel. In these areas, the following provisions apply: 1. All new construc on and substan al improvements of residen al and nonresiden al structures shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the flood depth number in feet specified on the flood insurance rate map ("FIRM"), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three (3) feet above the highest adjacent grade. Flood openings sufficient to facilitate automa c equaliza on of hydrosta c flood forces shall be provided for floodprone enclosures in accordance with Sec on 15.4.7.A, Flood Damage Reduc on. 2. New construc on and substan al improvement of a nonresiden al structure may be floodproofed in lieu of eleva on. The structure, together with a endant u lity and sanitary facili es, must be designed to be water ght to the specified FIRM flood level plus one (1) foot above the highest adjacent grade, with walls substan ally impermeable to the passage of water, and structural components having the capability of resis ng hydrosta c and hydrodynamic loads and the effect of buoyancy. A licensed professional engineer or architect shall cer fy that the design and methods of construc on are in accordance with accepted standards of prac ce, and shall provide such cer fica on to the City using the FEMA floodproofing cer ficate along with the design and opera on/maintenance plan; and 3. Drainage paths shall be provided to guide floodwater around and away from any proposed structure. 15.4.12 Standards for Subdivision of Land and Other Development A. All subdivision proposals shall identify the areas of special flood hazard and areas of future-conditions flood hazard therein and provide base flood elevation data and future-conditions flood elevation data. B. All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required. C. All subdivision plans will provide the elevations of proposed structures in accordance with Section 15.4.4, Flood Management Plan Requirements. D. All subdivision proposals shall be consistent with the need to minimize flood damage. E. All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of floodwaters, and discharges from the systems into floodwaters. F. All subdivision proposals shall include adequate drainage and stormwater management facilities per the requirements of the City of Stockbridge to reduce potential exposure to flood hazards. 15.4.13 Standards for U li es A. All new and replacement water supply and sanitary sewerage systems are designed to minimize or eliminate: 1. Infiltration of floodwaters into the systems; and 2. Discharges from the systems into floodwaters. B. On-site waste disposal systems are located outside the floodplain to avoid impairment to them, or contamination from them during flooding. 15.5 Wetland Protec on. 15.5.1 General A. Purpose. The purpose of the regulations in this section is to promote wetland protection, while accounting for varying ecological, economic development, recreational, and aesthetic values. The regulations set forth in this section are intended to limit activities that may damage wetlands, and to require that such activities be located on upland sites to the greatest degree practicable as described in the Comprehensive Plan. The regulations set forth in this section are further intended to protect wetlands from alterations that will significantly affect or reduce their primary functions for water quality, floodplain protection, erosion control, groundwater recharge, aesthetic nature, and provision of wildlife habitat. B. Applicability. Regulations for the protection of wetlands, set forth in this section, apply to all lands within wetlands located within the jurisdiction of the City of Stockbridge. 15.5.2 Na onal Wetland Inventory (NWI) Maps The National Wetland Inventory Maps, prepared by the United States Fish and Wildlife Service, show the general locations of wetlands and should be consulted by persons contemplating activities in or near wetland areas. These maps should be used as a guide only. Field verification is required to determine the existence or absence of any jurisdictional waters. 15.5.3 Determina on of Wetlands Boundary A. Generally. 1. The NWI maps are general reference documents, and wetland boundaries indicated on the maps are approximations. The purpose of the NWI maps is to alert developers and landowners if the property proposed for development is within or adjacent to a wetland. 2. The NWI maps do not represent the boundaries of jurisdictional wetlands within the City of Stockbridge and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. B. Where it is determined that wetlands are located on property proposed for development, a determination of the location and extent of the wetlands must be made by the U.S. Army Corps of Engineers or a qualified consultant. A local permit for development within wetlands will not be issued until a determination has been made by the U.S. Army Corps of Engineers as to whether wetlands exist on the site. C. If there are jurisdictional wetlands on the site that will be disturbed by the proposed development, the applicant must first obtain a wetlands alteration section 404 permit from the U.S. Army Corps of Engineers. 15.5.4 Permissible Ac vi es within Wetlands A. Lawful activities set forth in this section will be allowed as of right within a wetland. Constructing, grading, filling, draining, or dredging may be permissible only as provided. For waters under state or federal jurisdiction, additional prohibitions may apply. 1. Conservation or preservation of soil, water, vegetation, fish, and other wildlife, provided they do not affect waters of Georgia or of the United States in such a way that would require a permit as required by section 404 of the Clean Water Act. 2. Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing. 3. Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in section 404 of the Clean Water Act. 4. The cultivation of agricultural crops. Agricultural activities are subject to best management practices approved by the Georgia Department of Agriculture. 5. The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed, and that approved agricultural best management practices are followed. 6. Education, scientific research, and nature trails. 15.5.5 Ac vi es Requiring a Permit A. It shall be unlawful for any person to conduct any of the following activities in a wetland or associated buffe without first obtaining a permit. 1. Deposit fill material in a wetland or associated buffer. 2. Dredge or remove soil or minerals from a wetland or associated buffer. 3. Construct, build, develop, or erect any structure or development in a wetland or associated buffer. 4. Drain surface water from a wetland. 5. Cut or remove wetland or associated buffer vegetation. 15.5.6 Prohibited Ac vi es within Wetlands A. Receiving areas for toxic or hazardous waste or other contaminants. B. Hazardous or sanitary waste landfills. C. Construction of buildings or other structures D. Other uses prohibited in the underlying zoning district. 15.5.7 Temporary Ac vi es within Wetlands A. Maintenance or Repair. 1. Maintenance and repair is limited to lawfully located roads, structures, and facilities used in the service to the public to provide transportation, electricity, gas, water, telephone, telegraph, telecommunication, or other services; 2. The roads, structures, or facilities are not materially changed or enlarged; 3. Written notice prior to the commencement of work has been given to Henry County; and 4. The work is conducted using best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment shall be minimized. B. Temporary water level stabilization measures associated with ongoing silvicultural operations. C. Limited ditching, tilling, dredging, excavating, or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration, or loss of wetlands not previously subject to agricultural and silvicultural use. D. Limited excavating and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters, boathouses, or other similar water-related structures, provided they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland. 15.5.8 Permit Requirements An application for a development project proposing to conduct activity within a wetland or associated buffer will be required to include the following items: A. A site plan drawn to scale. B. Soil drainage and stormwater management plans. C. The sites and specifications for all proposed drainage, filling, grading, dredging, vegetation removal, and other activities which may affect a wetland or associated buffer. Such specifications shall include the size of the total wetland area on the site, the size of the wetland proposed for impact or elimination, and cubic yards of fill. D. A description of any existing or proposed waste disposal and water supply including septic tanks and soil absorption fields. Such description shall include distances to wetlands, associated buffers and other water bodies. 15.5.9 Buffers Required A. Buffer Area. Wetland buffers are to be calculated by measuring horizontally outward from and perpendicular to the edge of the wetland, as defined herein. They must extend the entire length of the wetland delineation within the property. If a wetland falls into more than one of the categories below, the more restrictive buffer width shall control. B. Applicability. A minimum buffer of 25 feet shall be provided along the perimeter of all wetlands. C. Buffer Standards. 1. The buffer shall be a minimum of 25 feet in width. 2. All existing natural vegetation must be retained and maintained within the buffer. 3. The number and types of plants required within the buffer is as set forth in Table 13.6.5, Recommended Tree List. 15.5.10 Compensatory Mi ga on A. When Required. Compensatory mitigation shall not be considered a substitute for making all practical attempts to avoid wetland impacts. Compensatory mitigation is required for all permitted impacts to wetlands. If impacts to wetlands will require compensatory mitigation pursuant to a Clean Water Act § 404 permit, the City may give credit for § 404 mitigation activities. B. Criteria for Approval. Compensatory mitigation plans shall be approved only if they meet the following criteria: 1. The mitigation plan shall provide for the in-kind replacement of the predominant functional values of the eliminated or impacted wetland. Mitigated wetlands shall be replaced at the following minimum ratios, in acres: 2:1 for restoration; 4:1 for creation; and 6:1 for enhancement. A larger replacement ratio may be required if the eliminated or impacted wetland is deemed to have exceptional value. 2. The mitigation plan shall provide for no net loss of wetland resources. 3. Mitigation may be achieved by purchasing credits at a mitigation bank in the primary or secondary service area of the permitted wetland impact, by purchasing credits from the Georgia In-Lieu Fee Program, or by performing onsite mitigation. All mitigation must be in-kind. 4. The mitigation plan shall comply with all applicable federal, state, and local laws and regulations. 5. Any mitigation activity shall be completed before initiation of permitted activities, including activities permitted by a permit, unless a phased concurrent schedule can be agreed upon between the Director and the applicant. 15.6 Watershed Protec on. 15.6.1 General A. Purpose. The purpose of this sec on is to iden fy and protect water supply watersheds within the City of Stockbridge. This Sec on sets forth development standards intended to maintain the quality and quan ty of the water supply within the City and adjacent jurisdic ons. B. Applicability. The provisions of this Sec on apply to all lands located within Water Supply Watersheds, as iden fied by the Georgia Environmental Protec on Division (EPD) and the Metropolitan North Georgia Water Planning District (MNGWPD), as amended. C. Rela onship to Other Regula ons. The standards of this Sec on are intended to supplement all other applicable provisions of this UDC. Where conflicts occur, the more restric ve standard shall apply. 15.6.2 Establishment of Watershed Protec on Areas A. Watershed Protec on Areas shall be iden fied on the City of Stockbridge Official Zoning Map. Such mapping may include areas associated with reservoirs, public water supply intakes, and tributary watersheds regulated by the Georgia Environmental Protec on Division (EPD). B. Where the boundaries of a Watershed Protec on Area are uncertain, the Director may require addi onal informa on prepared by a licensed professional, including topographic mapping, watershed delinea ons, or other documenta on demonstra ng the loca on of watershed boundaries. 15.6.3 Water Quality Cri cal Areas A. A water quality cri cal area shall be established within each watershed protec on area and shall include the following: 1. All land adjacent to the normal pool eleva on of a reservoir, extending landward to the watershed ridge line or 500 feet from the normal pool eleva on, whichever distance is less. 2. All land adjacent to each perennial stream flowing into the reservoir, extending three (3) miles upstream from the reservoir's normal pool eleva on and laterally to the watershed ridge line or 500 feet from each side of the stream, whichever distance is less. B. The normal pool eleva on of all exis ng reservoirs shall be maintained on file with the Department. 15.6.4 Limited Development Area A. A limited development area shall be established for the remaining part of the watershed protec on area that is located outside of the water quality cri cal area, and which extends to the ridge line of each watershed protec on area. B. If a perennial stream abuts or crosses any property within the limited development area, the use regula ons of Sec on 15.6.5, Uses in Watershed Protec on Areas shall apply. 15.6.5 Uses in Watershed Protec on Areas A. Table 15.6.5, Uses in Watershed Protec on Areas iden fies permissible and prohibited uses within the water quality cri cal area and limited development area of any watershed protec on area. Table 15.6.5 - Uses in Watershed Protection Areas Land Use Water Quality Critical Area Limited Development Area Residential Permitted; Permitted Multi-family dwellings shall be prohibited Commercial Prohibited Permitted Industrial Prohibited Permitted Institutional or Civic Prohibited Permitted Public Utility Prohibited Permitted Permitted; Confined animal feed operations Permitted; Agricultural and/or (CAFOs) shall be prohibited; Silviculture activity shall be Natural Resources Silviculture activity shall be prohibited within 25 feet of a prohibited within 25 feet of a water water body body B. Uses within watershed protec on areas shall also comply with the following provisions: 1. Permi ed uses established by Table 15.6.5, Uses in Watershed Protec on Areas, shall be subject to the dimensional standards of Sec on 15.6.6, Dimensional Standards for Uses in Watershed Protec on Areas. 2. Where applicable, sep c tanks may be permi ed subject to approval by the Henry County Health Department and applicable City departments. 3. Where applicable, roads, sidewalks, and mul -use or greenway trails may be permi ed, subject to approval by the Director. 4. Where applicable, new facili es located within the watershed protec on area that handle hazardous materials of a type and amounts requiring a permit from the Georgia DNR, or that require disposal by a hazardous materials handler permi ed or licensed by the Georgia DNR at a hazardous materials facility, must perform their opera ons on impermeable surfaces having spill and leak collec on systems. Such spill and leak collec ons systems must be shown on the development plan in detail, in compliance with this UDC. 15.6.6 Dimensional Standards for Specific Uses in Watershed Protec on Areas Proposed development shall comply with both the standards for watershed protec on areas in Table 15.6.6, Dimensional Standards within Watershed Protec on Areas, and the standards of the underlying zoning district. Where standards conflict, the stricter standard shall apply. Max. Impervious Coverage 2 acres 1.5 acres 150 ft. 20% Lot Min. Width Water Quality Critical 200 ft. Area Min. Lot Size (sewer) Residential Min. Lots Size (septic) Land Use Setback (from water body) Table 15.6.6: Dimensional Standards within Watershed Protection Areas Limited 150 ft. Development Area Limited Development Area 200 ft. (with perennial streams) Water Quality Critical N/A Area Limited 150 ft. Development Area Industrial Limited Development Area 200 ft. (with perennial streams) Water Quality Critical 200 ft. Area Agricultural Limited 150 ft. and/or Development Area Natural Limited Resources Development Area 200 ft. (with perennial streams) Water Quality Critical N/A Area Limited 150 ft. All other Development Area uses Limited Development Area 200 ft. (with perennial streams) 15.6.7 Buffers in Watershed Protec on Areas 1 acre 10,890 sq. ft. 100 ft. 25% 1.25 acres 1 acre 150 ft. 25% N/A N/A N/A N/A 4 acres 2 acres 100 ft. 25% 5 acres 2 acres 150 ft. 25% 2 acres 1.5 acres N/A 20% 1 acre 0.5 acres N/A 25% 1 acre 0.5 acres N/A 25% N/A N/A N/A N/A 1.5 acres 1 acre N/A 25% 2 acres 1.5 acres N/A 25% A. Buffers shall be required in watershed protec on areas as follows: 1. Buffers within Water Quality Cri cal Areas. A natural or enhanced vegeta ve buffer shall be maintained for at least 150 feet from the normal pool level of a reservoir and at least 100 feet on both sides of any other surface water as measured from the banks. 2. Surface Water Buffers within Limited Development Areas. A natural or enhanced vegeta ve buffer shall be maintained for at least 100 feet on both sides of any surface water as measured from the banks. 15.6.8 Sep c Tanks and Drain Fields within Watershed Protec on Areas A. Sep c tanks and sep c tank drain fields shall be prohibited in the setback areas established in Table 15.6.6, Dimensional Standards within Watershed Protec on Areas for buildings and impervious surfaces in watershed protec on areas. B. Sep c tanks and sep c tank drain fields for residen al development shall be setback at least 100 feet from any surface water. 15.6.9 Alterna ve Compliance for Impervious Surface Limita ons A. The percentage of impervious surface is determined by the sum of all land areas to be covered by impervious structures during the development of the property including, but not limited to, roads, streets, driveways, houses, buildings, and parking areas, divided by the total site area. B. A development may par cipate in a regional wet deten on pond program which has been established by one or more public or private en es subject to the following condi ons: 1. Runoff from the development drains into a regional stormwater management control facility approved by the City. 2. An agreement between the City and the landowner has been executed which guarantees par cipa on in the regional stormwater arrangement of the property and the deten on pond. 3. Construc on of a regional deten on pond meets or exceeds the design requirements of the stormwater management provisions set forth in Chapter 17, Stormwater Management. C. A development may provide an alterna ve method for stormwater control other than a wet deten on pond provided it complies with the stormwater management requirements set forth in Chapter 17, Stormwater Management, and design criteria for pollutant removal equivalent to those associated with wet deten on ponds included in the Georgia Stormwater Management Manual, as amended. 15.7 Groundwater Recharge Protec on 15.7.1 General A. Purpose. The provisions of this Section are intended to protect groundwater as follows: 1. Restricting land uses that generate, use, or store dangerous pollutants in recharge areas; 2. Limiting density of development; and 3. Ensuring that any development that occurs within the recharge area will have no adverse effect on groundwater quality. B. Applicability. The provisions of this Section apply to all lands mapped as significant recharge areas by the Georgia Department of Natural Resources (DNR) in Hydrologic Atlas 18, 1989 edition, as amended, or as identified in the Comprehensive Plan. 15.7.2 Determina on of Pollu on Suscep bility Limitations on land use activities shall be based on the degree to which the aquifer is susceptible, or at risk, to pollution from spills, discharges, leaks, impoundments, application of chemicals, injections, and other human activities. The Georgia DNR has prepared maps of pollution susceptibility, which categorize land in areas of high, medium, and low potential for groundwater pollution. These maps will be the basis for determining the locations for limited land use activities, as set forth in Section 15.7.3, Limitations and Requirements for Specific Land Use Activities. 15.7.3 Limita ons and Requirements for Specific Land Use Ac vi es. In addi on to any use standards of this UDC, the following development standards shall apply within groundwater recharge protec on areas: A. New above ground chemical or petroleum storage tanks with a minimum volume of 660 gallons shall provide secondary containment for: 1. 110% of the volume or such tanks; or 2. 110% of the volume of the largest tanks in a cluster of tanks. B. New agricultural waste impoundment sites shall be lined with compacted clay having a thickness of one foot and a vertical hydraulic conductivity of less than 5 × 10-7cm/sec, or other criteria as established by the U.S. Soil Conservation Service, when located in the following areas: 1. A high pollution susceptibility area. 2. Medium pollution susceptibility areas and the site exceeds 15 acre-feet. 3. Low pollution susceptibility areas and the site exceeds 50 acre-feet. C. New wastewater treatment basins shall be designed with an impermeable liner approved by the Georgia Environmental Protection Division. D. Wastewater spray irrigation systems or land spreading applications shall comply with the Georgia Department of Natural Resources criteria for slow rate land treatment. Such uses shall also provide proof of receipt of a land application system permit from the Georgia Environmental Protection Division. E. New facilities for the handling of hazardous materials of types and amounts regulated by the Georgia Department of Natural Resources shall perform all operations in impermeable surfaces with spill and leak collections systems meeting the requirements of said agency. F. New single-family dwellings served by septic tank or drain field systems shall have a minimum lot size meeting the larger of: 1. The minimum lot size limitations shown on Table MT-1 of the Georgia Department of Public Health “Manual for On-Site Sewage Management Systems”; or 2. 150% of the lot size on Table MT-1, when located within a high pollution susceptibility area; or 3. 125% of the lot size on Table MT-1, when located within a medium pollution susceptibility area; or 4. 110% of the lot size on Table MT-1, when located within a low pollution susceptibility area. 15.8 Recycling of Water at Commercial Carwash Facili es 15.8.1 Purpose. The purpose of this sec on is to reduce water consump on from commercial car wash facili es by requiring all new conveyor car washes to install opera onal recycled water systems. 15.8.2 Applicability A. This section applies to all new conveyor car washes permitted and constructed after January 1, 2011, regardless of the water source. B. The provisions of this section do not apply to conveyor commercial car washes that were permitted or constructed before January 1, 2011. C. The provisions of this section do not apply to self-service car washes or in-bay car washes. D. Commercial Car Wash Water Recycling Requirement. All new commercial conveyor car washes, permitted and constructed after January 1, 2011 must install operational recycled water systems. A minimum of 50% of water utilized will be recycled. 15.8.3 Water Waste A. Prohibited. The following uses are a waste or unreasonable use or method of use of water and are prohibited: 1. Allowing water to escape from any premises onto public right-of-way, such as streets and sidewalks, or upon any other person's property. 2. Operating an irrigation system or other lawn or landscaping watering device during rain. 3. Operating an irrigation system or other lawn or landscaping watering device that has any broken or missing sprinkler heads. 4. Failing to repair a controllable leak, including a broken sprinkler head, or a leaking valve, or a leaking outdoor faucet, or a service line leak, or any other visible outside water leaks, on premises owned, leased, or managed by that person, within 30 days. 5. Washing any vehicle with a hose and not having a water shut-off nozzle or allowing water to run continuously from a hose while washing any vehicle is also prohibited. B. Permitted. The restrictions in this policy or section do not apply to the following authorized uses: 1. Flow resulting from firefighting or routine inspection of fire hydrants or from fire training activities. 2. Water applied as a dust control measure, as required by erosion and sedimentation rules. 3. Water applied to abate spills of flammable or otherwise hazardous materials, where water is the appropriate methodology. 4. Water applied to prevent or abate health, safety, or accident hazards when alternate methods are not available. 5. Water used for construction or maintenance activities where the application of water is appropriate methodology and where no other practical alternative exists. 6. Water used for power-washing hard surfaces to alleviate safety or sanitary hazards, unless prohibited by drought restrictions. 7. Mobile car washes when approval or a special use permit is obtained from the City. 8. Emptying of swimming pools for maintenance when proper local rules are followed. C. If it is found that there is a waste of water in or about any premises to which water is supplied from the City water system, either by willful waste or by means of a leak in any water pipe or fixture located in or upon the premises, the City may cause the water to be cut off from the premises upon reasonable notice to the occupant, unless special circumstances require that such waste shall be immediately stopped. Where the water supply is cut off as herein provided, the water shall not again be turned on until all water bills and the bill for the cost of cutting off and again turning on the water shall have been paid. 15.9 Outdoor Watering 15.9.1 Restric on on Outdoor Watering of Landscape A. Outdoor watering for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants may occur only between the hours of 4:00 p.m. and 10:00 a.m.; provided, however, that this limitation shall not create any limitation upon the following outdoor water uses: 1. Commercial raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; the commercial production or storing of feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the commercial production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products or as otherwise defined in O.C.G.A. § 1-3-3; 2. Capture and reuse of cooling system condensate or storm water in compliance with any applicable City ordinances and State guidelines; 3. Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health regulations; 4. Use of reclaimed wastewater by a designated user from a system permitted by the Environmental Protection Division of the Georgia Department of Natural Resources to provide reclaimed waste water; 5. Watering personal food gardens; 6. Watering new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of thirty (30) days immediately following the date of installation; 7. Drip irrigation or irrigation using soaker hoses; 8. Hand watering with a hose with automatic cutoff or handheld container; 9. Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property; 10. Watering horticultural crops held for sale, resale, or installation; 11. Watering athletic fields, golf courses, or public turf grass recreational areas; 12. Installation, maintenance, or calibration of irrigation systems; or 13. Hydroseeding. CHAPTER 16: INFRASTRUCTURE IMPROVEMENTS 16.1 Mul modal Traffic Impact Studies (TIS) 16.1.1 Purpose and Intent A. Understanding the demands placed on the City's transporta on network by development is an important dimension of assessing the overall impacts of development. All developments generate traffic, and it may generate enough traffic to create conges on and thus require the community to invest more capital funds into the transporta on network in the form of new roads, traffic signals, and intersec on improvements. Traffic conges on results in several problems, including economic costs due to delayed travel mes, air pollu on, and accidents. By requiring traffic impact studies for proposed developments mee ng certain thresholds, the City will be be er able to determine the transporta on demands of development proposals and provide for reduc on of adverse impacts on the transporta on system. 16.1.2 Objec ves. A. The City finds that requiring a traffic impact study for proposed developments that meet certain thresholds will help to achieve the following objectives: 1. To foster and support the coordinated and comprehensive transportation plan. 2. Provide transportation investments that reinforce the land use plans and development vision of the City; 3. Forecast additional traffic associated with new development based on accepted practices. 4. Determine the improvements that are necessary to accommodate new development. 5. Allow the City government to assess the impacts that a proposed development may have and assist the City government in making decisions regarding development proposals. 6. Help to ensure safe and reasonable traffic condi ons on streets a er the development is complete. 7. Reduce the nega ve impacts created by developments by helping to ensure that the transporta on network can accommodate the development. 8. Protect the substan al public investment in the street system. 9. Provide informa on relevant to comprehensive planning, transporta on planning, and future transit planning, and the provision of programs and facili es for traffic safety, road improvements, transporta on demand management, pedestrian access, and other transporta on system considera ons. 16.1.2 In General A. A traffic study shall be prepared in accordance with industry accepted standards, including, at a minimum, level of service impacts for adjacent roadways and intersections and a mitigation package to address the cumulative effects from the project's impact. B. Said applicant shall be also required to coordinate and fund any recommended mitigation measures limited to project related improvements with applicable Federal, State, and local agencies, including the Georgia Regional Transportation Authority (GRTA) and the Atlanta Regional Commission (ARC). C. A traffic impact study must evaluate the adequacy of the existing transportation system to serve the proposed development and determine the expected effects of the proposed development on the transportation system. The traffic impact study must provide adequate information for the Public Works Department to evaluate the development proposal and, when appropriate, recommend conditions of approval. D. The qualified professional preparing the traffic impact study is encouraged to coordinate preparation with the Public Works Department and staff from other jurisdictions, as appropriate, to ensure that all necessary components are included in the traffic impact study and to reduce revision and review time. 16.1.3 Applicability A. Thresholds of Applicability. A traffic impact study shall be required for all developments proposing to meet one or more of the following thresholds: 1. The development is expected to generate more than 100 new vehicle trips during an A.M. or P.M. peak hour; or 2. The development is expected to generate more than 750 new vehicle trips in an average day; or 3. The development involves the construction of 50,000 square feet or greater of nonresidential building space, in single or multiple phases; or 4. The development would contain multifamily dwellings; or 5. The development would contain more than 100 total dwelling units; or 6. The development is an industrial, logistics, warehouse, or freight related use expected to generate 30 or more truck trips per day; or 7. The development generates more than 40% of its total traffic in the form of truck traffic using passenger car equivalents (PCE). B. Determination of Applicability. At the time a development proposal is filed, or during any pre-application conference for zoning proposal, exclusive of variances and modifications to a zoning condition, the director shall determine whether a traffic impact study shall be required according to this Section. Traffic impact studies shall be required for submittal during the land disturbance, clearing and grading, building permit, or development permit, and shall not be required during the zoning process. C. Exemptions. 1. A traffic impact study is not required if a development proposal is initiated by the City; 2. Any Development of Regional Impact (DRIs) that complies with the rules of the Georgia Department of Community Affairs (DCA), the Atlanta Regional Commission (ARC), and Georgia Regional Transporta on Authority (GRTA) shall be exempt from this Sec on; or 3. A traffic impact study will not be required by the City for those developments with frontage and access along a State route. 16.1.4 Analysis A. The source for trip generation rates for the purposes of this chapter shall be the most recent edition of "Trip Generation" published by the Institute of Transportation Engineers (ITE), unless otherwise approved by the director. Determinations of whether this chapter applies shall be made based on application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved by the Public Works Department. B. Cases Where Data is Not Available. If information submitted by the applicant of the development proposal is sufficient to calculate the trip generation that would be expected to result from the proposed development, but trip generation rates or other data are not available or in sufficient quantity of studies to make a determination of applicability, then under the terms of this Section, the director shall determine: 1. Professionally acceptable trip generation rates applicable to the subject development exist from other reputable sources, such as the Journal of the Institute of Transportation Engineers; 2. Other trip generations studies of similar development are available; or 3. Professionally acceptable trip generation rates for one (1) or more similar land uses can be used in making the determination of applicability. 16.1.5 Study Scope Mee ng. Once it is determined that a traffic impact study is required, a scope meeting must be held with the developer or their consultant and the appropriate representatives of the City. It will be the responsibility of the developer or their consultant to initiate this meeting. The purpose of this meeting is to discuss the availability of site-specific information concerning the development, available forecasts of traffic volumes, and to ensure the applicant understands the content requirements for traffic impact studies. 16.1.6 Required Contents A. The traffic impact study must include the following minimum components: 1. Title Page. A title page listing the name of the proposed development and its location. 2. Table of Contents. A table of contents outlining the study shall be provided. 3. Certification. The study shall be signed and stamped by a qualified professional. 4. Execu ve Summary. An execu ve summary discussing the development, the major findings of the analysis, and recommenda ons made by the qualified professional shall be provided. 5. Vicinity Map. A vicinity map showing the loca on of the proposed project in rela on to the transporta on system of the area. 6. Study Area Map. A map of the traffic impact study area. For the purposes of this chapter, the traffic impact study area shall be determined according to trip genera on rates as shown in Table 16.1.6.A, Study Area Size Requirements. In the event there is a difference because of applying peak and total trips, the more restric ve requirement (larger study area) shall apply. Table 16.1.6.A– Study Area Size Requirements Peak Hour Daily Trips Distance from Perimeter of Trips Generated Proposed Development Along Generated Roads 100—150 750—1,500 ½ mile 151—500 1,501—5,000 1 mile 501—1,000 5,001—10,000 2 miles 1,001 or more 10,0001 or more 3 miles 7. Inventory of Transporta on Facili es in the Study Area. A descrip on of transporta on facili es in the study area, including roadway names, loca ons, and func onal classifica ons, intersec on lane configura ons, traffic control (including signal ming), exis ng rights-of-way, transit routes and stops (if any), pedestrian and bicycle facili es, and planned transporta on system improvements. An exis ng lane configura on sketch shall be submi ed for all roadways intersec ons within the study area. 8. Trip Genera on Data. a. Discoun ng of "Pass-By" Trips. The peak-hour trip genera on study may subtract from the empirical data on actual vehicle trips if those trips are reasonably considered to be "pass-by" trips as defined by this chapter, using professionally accepted assump ons about the percent of "pass-by" trips approved by the Director. b. Reduc on for Internal Trips in Mul use or Mixed-Use Development. In calcula ng the new trips generated from a proposed development containing mul ple uses or mixed-use a qualified professional with the approval of the director my apply a percentage reduc on to the total vehicle trips shown in any peak hour trip genera on study to account for internal trips, as defined in this Sec on, so as to account for (discount) the number of internal trips reasonably expected to occur in such mul use or mixed-use development. Said reduc on shall not exceed 24% of total trips generated. c. Phased Development. If phased development is proposed, the study shall include projec ons for the year that each phase of the development is planned to be complete. d. Pending/Approved Developments. The traffic impact study shall also include trip genera on data for any pending and approved developments that would affect the study area. The Public Works Department shall facilitate the review of applicable files by a qualified professional to determine the names and development characteris cs of pending and approved developments in the study area. e. Truck Trips. Truck trips shall be calculated and shown separately. Peak hour distribu on of inbound and outbound trucks shall be iden fied separate from passenger cars. For light industrial, industrial parks and warehouse uses, trip rates contained in the latest edi on of "Trip Genera on" published by the Ins tute of Transporta on Engineers (ITE), unless otherwise approved by the director, shall be used. All truck trips shall be converted into passenger car equivalents (PCE) for intersec on capacity analysis. 9. Site Plan and Development Data. A complete descrip on of the proposed development, including a site plan with the best available informa on as to the nature and size of each proposed used and the proposed loca on and traffic control of all proposed access points, including the distance from all proposed access points to adjacent access and/or streets, including those across a street right-of-way from the subject development. 10. Exis ng Traffic Volumes. Peak and total daily traffic volumes on all arterial, collector, and local streets within the study area. Traffic counts should be no more than one (1) year old when the report is prepared. Traffic counts between one (1) and three (3) years old may be used if factored to the current year. Traffic counts older than three (3) years will not be accepted. 11. Facility Performance. Exis ng performance of the transporta on system, including levels of service (LOS) and volume/capacity ra os (V/C) for all intersec ons and road segments, as appropriate, within the study area. Iden fica on of any project related improvements necessary to mi gate the impact on the level of service (LOS) for the abu ng roadways and unsignalized/signalized intersec on resultant from the trips generated by the proposal. 12. Trip Distribu on and Assignment. Trip distribu on for the proposed development. For developments expected to generate more than 30 truck trips per day, the study shall include separate trip distribu on figures for trucks. 13. Forecast Performance Without the Development. Forecast performance, including levels of service (LOS) and volume/capacity (V/C) ra os of the transporta on system without the development in the year that each phase is planned to be complete and in the horizon year. 14. Forecast Traffic Volumes with the Development. Forecast traffic volumes with the development, on all arterial, collector, and local roads within the study area, in the year that the proposed development is planned to commence and in the horizon year. 15. Forecast Performance with the Development. Forecast performance, including levels of service (LOS) and volume/capacity (V/C) ra os of the transporta on system with the development in the year that each phase is planned to be complete and in the horizon year. 16. Sight Distance. A safety analysis of the site accesses and an assessment whether adequate sight distances are provided at driveways and streets abu ng the development. 17. Opera onal Characteris cs. Analysis of prevailing opera ng speeds, if significantly different than speed limits, right and le turn lane warrants, queue lengths, accelera on and decelera on lanes, including lengths and tapers, throat lengths, channeliza on, and other characteris cs of the site accesses, which exist and may be needed, as appropriate. The traffic impact study shall address whether driveways and intersec ons are located and spaced safely and designed to accommodate expected traffic volumes and maneuvers. The opera onal characteris cs analysis shall also evaluate the turning and traveling characteris cs of the vehicles that will be using the proposed development and the adequacy of the geometrics of the exis ng and proposed roadway (public and/or private) configura ons to accommodate these characteris cs. 18. Crash Analysis. Analysis of crash data in accordance with the Highway Design Manual and an iden fica on and descrip on of specific mi ga on measures. 19. Mul modal Analysis. Analysis of mul modal site access, safety analysis, and pedestrian considera ons and an iden fica on and descrip on of specific mi ga on measures. a. On-Site Circula on. The traffic impact study shall address whether onsite vehicular and pedestrian circula on and parking layouts are safe and efficient. b. Significant Impacts. Analysis as appropriate of any poten al adverse or controversial effects of the proposed development on the transporta on system in the area. Examples of possible effects include, but are not limited to, infiltra on of non-residen al traffic into residen al neighborhoods, traffic noise, crea on of poten al for traffic viola ons, conflic ng turning movements with other driveways, any new pedestrian or bicycle transporta on needs arising from the development, etc. c. Mi ga on Measures and Costs. i. Lis ng of all intersec ons and road segments that are forecasted to be level of service "E" and "F" in the horizon year, or if phased, in the years that each phase is planned to be complete, and an iden fica on and descrip on of specific mi ga on measures, including signal, turn lane, or other warrant analyses as appropriate and necessary to bring these intersec ons and road segments into compliance with a level of service "C" or other City adopted level of service for said road segment or intersec on. ii. If roadway improvements are needed, the study shall show a drawing for all recommended lane configura ons. iii. If signaliza on is warranted by the traffic signal warrants outlined in the Manual on Uniform Traffic Control Devices (MUTCD), a warrant analysis shall also be conducted as a part of the traffic impact study. If a traffic signal is warranted, the warrant package in the study shall show a drawing detailing the signal design and phasing plans. iv. The es mated cost associated with implemen ng all such mi ga on measures shall be provided in the traffic impact study. v. The traffic impact study may consider any City/County/Stateapproved roadway, traffic signaliza on and other improvements in determining mi ga on measures and providing recommenda ons. d. Alterna ve Transporta on. Alterna ve transporta on (sidewalk, bicycle, transit) needed because of the study, shall be iden fied. Should the proposed development require mul modal improvements, mi ga ons factors must be included and will be included as a condi on of Final Plat or Cer ficate of Occupancy approval. e. References. A lis ng of all technical documents and resources cited or consulted in preparing the traffic impact study. f. Technical Appendix. Relevant technical informa on, including, but not limited to, copies of raw traffic count data used in the analysis, calcula on sheets and/or computer so ware output for all LOS and V/C calcula ons in the analysis, warrant worksheets for signals, turn lanes, and signal phasing, etc. used in the analysis. 16.1.7 Addi onal Technical Specifica ons. The City is further authorized to promulgate and require the use of addi onal technical specifica ons for conduc ng traffic impact studies, which shall be consistent with analysis methods included in the most recent Highway Capacity Manual, Manual on Uniform Traffic Control Devices, and/or Traffic Access and Impact Studies for Site Development: A Recommended Prac ce (Washington, DC: Ins tute of Transporta on Engineers, 1991), as may be amended or republished from me-to- me. 16.1.8 Cost and Fees The City assumes no liability for any costs or me delays (either direct or consequen al) associated with the prepara on and review of traffic impact studies. There shall be no applica on review fee for a traffic impact study. 16.1.9 Submi al and Review A. Submittal. The applicant for the proposed development or the qualified professional shall submit a copy of the traffic impact study and technical appendix to the Public Works Department. B. Review. Within ten (10) working days of receipt of a traffic impact study, the Public Works Department shall review all calculations and analyses and determine if they are complete, reasonable, understandable, consistent, and fully explained. The Public Works Department shall return the traffic impact study to the development applicant for correction. C. Recommendations for Mitigation of Impacts. Within 15 working days of receipt of a completed traffic impact study, the Public Works Department must complete the review of the study and submit to the Community Development Director, or their designee, all recommendations for mitigation measures as stated in the traffic impact study and include any interpretations or recommended conditions of approving the development proposal that will mitigate traffic impacts of the proposed development. D. Determination of Project and System Improvements. 1. The Public Works Department will determine which mitigation measures constitute “project” improvements and which mitigation measures constitute “system” improvements within the context of the Georgia Development Impact Fee Act of 1990. 2. If a particular improvement is called for in the traffic impact study or recommended by the Public Works Departments, and the Department is unable to uniquely attribute the recommendation as a project or system improvement or finds that such improvement has characteristic of both a project improvement and a system improvement, the Public Works Departments, with the assistance of the Community Development Director, will determine the proportion of the cost of such improvement(s) that can reasonably be attributed to the development as a project improvement, and the portion of such improvement that can reasonably be considered a system improvement. E. Conditions of Development Approval. Upon the determination of project improvements needed to mitigate the traffic impacts of the development proposal as provided in this UDC, the Public Works Department may recommend the project improvements be completed by the developer as conditions of approval of the development proposal. F. System Improvements. The Public Works Department shall include system improvement recommendations in the conditions for approval of the development plan. 16.2 Minimum Design Standards 16.2.1 In General A. The location, arrangement, extent, width, and grade of all streets shall conform to the Comprehensive Plan and the Comprehensive Transportation Plan and shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the streets. The layout of a subdivision shall conform to the requirements and design principles described in this UDC. B. The loca on of all streets and roads shall conform to the Comprehensive Plan and the Comprehensive Transporta on Plan. Provision shall be made in developments for the construc on of streets at loca ons shown in the Comprehensive Plan and Comprehensive Transporta on Plan. C. Whenever a tract to be subdivided includes any part of a major arterial, minor arterial, major collector, or minor collector street designated on the Comprehensive Plan or Comprehensive Transporta on Plan such part of said street shall be installed by the applicant in the loca on and at the full width indicated by the func onal classifica on for right-of-way and pavement widths indicated in this UDC. 16.2.2 New Subdivisions In order that the various purposes of this Chapter may be accomplished, all subdivisions herea er established shall be developed and improved in accordance with the minimum design standards set forth in this Chapter. Final Plat approval shall not be given to any subdivision un l all appropriate design standards have been met and un l all appropriate required improvements have either been installed or an appropriate bond or cer fied check has been posted to secure the installa on of such improvements. No subdivision shall be accepted for review under these regula ons which do not conform with this UDC. 16.2.3 Recorded but Unopened Parcels recorded prior to the effec ve date of these regula ons which abut an unopened street shall not be developed un l such street or por on thereof has been opened and constructed according to this UDC. 16.2.4 Re-Subdivision of Lots within a Recorded Single-Family Subdivision A. Lots within a recorded subdivision for single-family detached units designed to be developed as a unified whole shall not be further subdivided if such re-subdivision results in any of the following: 1. The re-subdivision creates lots of such size or shape which would alter or change the character of the recorded single-family subdivision; and/or 2. The re-subdivision adversely impacts the visual quality or consistency of the established development pa ern. 16.2.5 Water Main Design and Construc on Standards All developments shall comply with the minimum standards as regulated by the Public Works Department, as applicable and amended. 16.3 Streets 16.3.1 General A. No person shall do any paving work, or any other related or similar roadwork, on, or adjacent to, a City street without a permit. B. All transportation system design, street design, and construction for non-local roadways shall comply with Georgia Department of Transportation (GDOT) requirements. The latest edition of the GDOT manual, "Standard Specifications, Construction of Roads and Bridges," shall apply. C. Where conflict arises between GDOT standards and this Section concerning non-local roadways, the stricter standard shall apply. Design of local roadways shall be governed by the policies as stated within the UDC; however, construction methods/practices of said roadways shall be governed by the stricter of the GDOT standards and the UDC. D. All materials, equipment, labor, and other matters related to street construction shall be provided by the applicant. The following is a summary of the improvements required: 1. All streets, roads, and alleys shall be graded to their full width right-of-way by the applicant so that the pavements and sidewalks, when installed in the future, can be constructed on the same level plane. The preparation of the right-of-way before grading is started and the construction of cuts and fills shall be accomplished according to the specifications of the City. 2. An as-built subgrade centerline profile shall be submitted to the City. The profile shall include both proposed and as-built centerline elevations at every even station. No curb and gutter or waterlines shall be installed prior to subgrade approval. 3. An adequate drainage system, including necessary curb, pipes, culverts, headwalls, intersectional drains, drop inlets, bridges, swale ditches, and detention areas, shall be provided for the proper drainage of all surface water. The drainage system shall be designed by a registered professional engineer, licensed in the State of Georgia. E. After preparation of the subgrade, the roadbed shall have base material and paving applied according to City specifications. F. Design speeds, typical Sections of roadway, maximum superelevation rates, and other roadway design items are to be set by City of Stockbridge on an individual basis. G. Alleys may be provided at the rear of lots. H. Roadways may be created or established by: 1. Dedication; 2. Prescription; 3. Express grant of an easement; 4. Deed; 5. Special statutory proceeding; or 6. Condemnation. 16.3.2 Private Streets and Drives A. Private Drives. 1. Definition. Private drives are defined as sub-standard private accessways providing access to more than one parcel where one or more of those parcels lacks direct frontage on a public or private street. Private drives are located within the boundaries of the parcels they serve and are not subdivided or dedicated as right-of-way. Private Drives are subject to the following classifications and regulations outlined herein. 2. Standards for Private Drives. All private drives shall meet the following standards: a. Shall be located within a recorded private access easement and shall comply with applicable property owners’ association and maintenance requirements. b. No new platted lots of record may be created or subdivided using an existing or future private drive for access. c. Private drives are only permitted to serve existing platted lots of record or lots deeded prior to the original adoption of zoning regulations in Madison County. d. Private drives shall serve no more than one (1) lot. e. Where a deficient private drive exists and a lawful, existing platted lot of record is proposed to take new access from it, the entire length of the private drive shall be brought into compliance with Section 16.3.4, Requirements for New and Redevelopment Streets. B. Private Streets. 1. Definition. Private streets are defined as privately owned and maintained accessways which serve as the primary means of vehicular access for multiple lots or units within a development. Unlike private drives, private streets are constructed within a platted and recorded access easement or parcel but are not dedicated to or maintained by a public agency. Private streets are intended to function similarly to public streets in terms of connectivity, design, and emergency access, and are subject to the design, construction, and maintenance requirements outlined herein. 2. Standards for Private Streets. All private streets shall meet the following standards: a. Shall provide a private access easement and comply with property owners’ association requirements and maintenance requirements. b. Shall meet construction standards for public streets provided herein. c. Shall require approval from the Mayor and City Council. d. Where a deficient private street exists and a lawful, existing platted lot of record is proposed to take new access from it, the entire length of the private drive shall be brought into compliance with the Section 16.3.4, Requirements for New and Redeveloped Streets. e. Upon compliance with all of the provisions of the UDC, building permits may be issued for building on private street upon the applicant signing a "statement of understanding" that said roadway is a private street and that the City assumes no responsibility for the maintenance of said road until such time as it becomes feasible and advisable to accept said roadway as a "City Street." At such times, the City shall accept said road as a City street provided that the property owners along said road convey the minimum width required by the City. C. General Standards for Private Streets and Drives. 1. Private Access Easements. All private streets or drives shall be located within a recorded private access easement that meets the following standards: a. Shall cover the length of private streets or drives that connect directly to federal, state, or locally maintained road or private street. b. Shall have a minimum width of 30 feet. 2. Property Owners Association Requirements. Any private drive serving multiple properties shall be maintained by a mandatory property owners association, which shall include: a. Mandatory membership for all property owners of lots served by the private drive or street. b. Responsibility for road maintenance, insurance, and tax obliga ons. c. Equitable cost-sharing provisions for all lot owners. d. Authority to place liens on the real property of members who fail to pay dues or assessments. 3. Maintenance. a. The City shall not maintain, repair, resurface, rebuild, or otherwise improve streets, signs, drainage improvements, or any other appurtenances within general purpose public access and u lity easements established for private streets or drives. b. Permanent repairs to the streets or drives shall be made by the homeowners’ associations or other entity having maintenance responsibility for the development. Driveways and sidewalks will be repaved, sodded or landscape areas will be graded, smoothed, reseeded or resodded, where appropriate. c. A private maintenance covenant recorded with the Clerk of the Superior Court shall be required for any private street or drive and other improvements within general purpose public access and utility easements established for private streets or drives. The covenant shall address: i. Allocation of expenses; ii. Remedies for noncompliance; iii. Use and access rights; and iv. Other terms as necessary to ensure long-term maintenance. 4. Final Plat Requirements. a. Recordation of a Final Plat is required to establish all private streets or drives. Additional plat process may be required, based on the applicability found in Chapter 14, Subdivisions. b. No final plat involving a private street or drive shall be approved for recording unless it contains the following: i. Deed book and page reference to the recorded maintenance covenant and access easement(s). ii. Maintenance Statement: "The City of Stockbridge has no responsibility to build, improve, maintain, or otherwise service the private streets/drives, drainage improvements, and other appurtenances contained within the general public purpose access and utility easement or easements for private streets shown on this plat." iii. Grant of Easement: "The general purpose public access and utility easement(s) shown on this plat for private street/drive(s) are hereby granted. This grant shall be construed to authorize access for the City and utility providers for the installation and maintenance of infrastructure, including electric, gas, water, sewer, telecommunications, and fiber optics, with rights of ingress, egress, and vegetation maintenance as necessary." iv. Compliance with all bonds and phasing of improvements shall be required for private streets as if it was to be publicly dedicated, unless a specific provision is determined not to be applicable by the Community Development Director. 16.3.3 Street Construc on Methods A. Unless otherwise specifically set forth herein, all of the materials, methods of construc on, and workmanship for the work covered in reference to street construc on shall conform to the latest specifica ons of the Georgia Department of Transporta on. B. Grading, Clearing, and Grubbing. 1. The contractor may begin clearing and grubbing the project a er: a. A development permit has been issued by the city; b. A pre-construc on conference has been held; and c. All required silt and erosion control measures have been installed and approved. 2. All trees, stumps, logs, roots, grass, weeds, poles, and other objec onable ma er shall be cleared and grubbed from within the construc on limits of the project. 3. No rubbish or other material resul ng from the clearing and grubbing of the roadway shall be buried at the site. 4. If burning is permi ed, all burn pits shall be located outside of the roadway construc on limits. A er burning, the pit shall be cleared out. A city inspec on is required prior to backfilling and must be shown on the final plat. C. Excava on. 1. Any stones, broken rock, or boulders resulting from the grading of the roadway may not be placed in any roadway fill area except when approved by the Public Works Department. 2. During the construction of the roadway on a day-to-day basis, the roadbed edges shall be kept lower than the center and the grading shall be done so that the surfaces of the excavated areas and fill shall be kept reasonably smooth and well drained. Adequate surface ditches shall be cut at the tops of cut slopes, extending to each end of the cuts in order to carry the water from the side hill. Side ditches or gutters emptying from cuts to fill areas shall be turned outward so as to prevent erosion of the fill slopes. D. Subgrade Prepara on for all Streets. Subgrade prepara on shall be in accordance with Georgia Department of Transporta on specifica ons. E. Removal of Unsuitable Material. If any sec ons of the subgrade are composed of topsoil, organic, or other unsuitable or unstable material, such material shall be removed and replaced with suitable material and then thoroughly compacted as specified for fill or stabilized. F. Compac on. Fill shall be placed in uniform, horizontal layers not more than six (6) inches thick (loose measurement). Moisture content shall be adjusted as necessary to compact material to 95% of maximum dry density except for the top 12 inches which shall be compacted to 98% of maximum dry density. G. Brought to Line and Grade. A er the earthwork has been completed, all storm drainage, water, and sanitary sewer u li es have been installed within the right-of-way as appropriate, and the backfill in all such ditches thoroughly compacted, the subgrade shall be brought to the lines, grades, and typical roadway sec on shown on the plans. H. Roadway. 1. The en re roadbed shall be scarified and compacted with a sheep's foot or other approved rollers. 2. After all excavation has been completed and all fills have been placed, the entire road bed surface shall be finally shaped with a grading machine supplemented with hand work whenever required to secure a smooth surface and uniform cross-section. 3. Slopes of cuts and fills shall also be carefully shaped to the true section specified. 4. When final shaping is finished, the road surface shall conform accurately to the line, grade, and cross-section shown of plans, and no roots, sod, grass, stones, or other unsuitable material shall remain in the top 12 inches of the finished roadbed. 5. All ditches and drains shall be opened to effectively drain the roadway. I. U lity Trenches to be Compacted. All u lity crossings within the right-of-way must be installed prior to subgrade approval. All manhole covers must be flush with top of intermediate course if there is a delay in applying the final surface course for new roadway pavement. Manhole covers will be required to be adjusted flush when final surface course is installed. U lity trenches cut in the subgrade shall be backfilled as specified herein. Compac on tests at the rate of 1 per 150 feet of trench shall be provided to verify compac on. J. Curb and Gu er. 1. After sanitary sewer lines have been installed, all storm drainage in place, and the final finishing of the roadway has been approved by the director or designee, and the centerline profile has been approved, the installation of the concrete curb and gutter may begin. 2. Any curb and gutter which does not conform to a true section, texture, line, and grade shall be removed and replaced as approved by the Public Works Department. 3. Water lines shall be installed after installation of the curb and gutter. K. Roll Tes ng Required. The subgrade must pass roll tes ng prior to placement of the base material. The roll test of the subgrade and base material shall be observed and approved by the Public Works Department prior to paving. L. Temporary Traffic Surface. When the street is to be used for construc on traffic before the paving work is completed, a layer of stone (except crusher run) shall be laid as a traffic surface. This material shall not be used as a part of the base material. It may be worked into the subgrade, or it shall be removed before the base course is set up for paving. M. Provisions to drain low points. Provisions shall be made to drain low points in the road construc on when the final paving is delayed. A break in the berm sec on is required when the curbing has not been constructed. Drainage under the curb to side slopes a er installa on is required, using minimum four-inch diameter pipe sec ons. Vegetated or stabilized swales should be considered for managing road construc on runoff. 16.3.4 Requirements for New and Redeveloped Streets A. General Standards. 1. All improvements shall be constructed and dedicated by the developer. 2. Proposed street layouts shall interconnect within a development and with adjoining development as often as possible. 3. Half streets shall be prohibited except where essential to the reasonable development of the subdivision and approved by the Public Works Department. 4. Any subdivision or development with access onto a highway, arterial, or collector street shall provide lanes for deceleration, ingress, and egress, as approved by GDOT on state roads and approved by the city on non-state roads. 5. Any subdivision or development which access onto an arterial or collector road shall be required to design and construct a left turn lane, if GDOT criteria are met. The developer will be responsible for the acquisition of right-of-way and relocation of utilities. 6. Minimum radius for cul-de-sacs shall be 40 feet from the back of curb, except for commercial or industrial areas, where the minimum radius shall be 55 feet from the back of curb. 7. Table 16.3.4, Street Specifications for Non-State Maintained Roads is provided for non-state maintained roads within the limits of the City. Table 16.3.4 – Street Specifications for Non-State Maintained Roads Street Type Minimum Right-ofWay/Easement width Minimum Pavement widths1 with curb and gutter Minimum Pavement widths1 without curb and gutter Major Arterial 100 feet 52-53 feet 48 feet Minor Arterial 80 feet 28-29 feet 24 feet Collector 80 feet 28-29 feet 24 feet Local (Residential) 50 feet 28 feet Prohibited Local (Nonresidential) 60 feet 28 feet (commercial) Prohibited Cul-de-Sac (Residential) 80 feet 80 feet Prohibited Cul-de-Sace (Nonresidential) 110 feet 110 feet Prohibited Alley N/A 20 feet 20 feet 30 feet (industrial) 1 = The City may require additional right-of-way and pavement width in specific situations. Roadways with medians and/or additional language will require extra right-of-way and pavement widths. B. No Parking. No parking areas shall be established for the use of fire equipment and emergency vehicles to ensure access to the premises in cases of emergency, as approved by the Fire Marshal. Said areas shall be marked "Fire Lane-No Parking." 16.3.5 Street Construc on Standards A. Minimum Standards. 1. Road design and construc on must comply with the minimum standards as shown in Table 16.3.5, Roadway Construc on Standards. Table 16.3.5 – Roadway Construction Standards Street Type Surface Topping Plant Mix Local (up to 40 residential lots) 2 inches of 12.5mm superpave1 Local (41 to 100 residential lots) 1.25 inches of 9.5mm superpave1 Local (over 101 residential lots) 1.5 inches of 12.5mm superpave1 Tack Coat Asphalt Binder Course Prime Application Base Construction 0.20-0.25 GAL/square yard 0.04-0.06 2 inches of GAL/square 19mm yard superpave1 6 inches GAB Local (Commercial) 3 inches of 19mm superpave1 Local (Industrial) 4 inches of 25mm superpave1 Collector Arterial 8 inches GAB 10 inches GAB 1 = Superpave mix with hydrated lime (Level 1) B. 2:1 maximum slope allowed (2:1 or flatter) for fill areas and back slopes. C. Subgrade. 1. Before placing any pavement base, the entire surface of the subgrade shall be plowed, harrowed, and mixed to a depth of at least six (6) inches. If a subgrade stabilization material is required, then it shall be incorporated into the subgrade at this time. 2. After the material has been thoroughly mixed, the subgrade shall be brought into a proper line and grade and compacted to one hundred percent (100%) of maximum dry density just prior to placing the base material. 3. The centerline profile shall conform to the established elevations with an acceptable tolerance of one-half (0.5) inch. 4. The acceptance crown tolerance shall be one-half (½) inch. D. Roadway Graded Aggregate Base Requirements. 1. The Department shall be notified 24 hours prior to the placing of any base material. 2. The Department may authorize the placing of the base material after all equipment necessary for the proper construction of road base is on the project and the subgrade has been brought to the proper line, grade, and crown and compacted to the required density. 3. The Department shall check the completed base course after the base material has been placed and compacted to the required density. All areas found to be deficient shall be marked and corrected before any asphalt pavement is placed. Areas where the crown is found to exceed that which is specified or the exposed edge of the concrete gutter is less than the minimum depth required, shall be reshaped and rolled to obtain the required cross-section. 4. After the compacted material has been approved, field tests shall be taken by the field contractor and by a professional engineer to determine the thickness of the constructed base course. a. Tests shall be taken 400 feet intervals alternating between each lane and center of roadway. b. Measurements shall be taken per GDOT standards, c. Areas found to be deficient in thickness shall be corrected as directed by the Department. No asphalt course shall be placed until deficiencies in base have been adequately addressed. 5. A copy of all delivery tickets for the graded aggregate base material shall be furnished prior to placing any asphaltic concrete paving material. A shortage in the base material used shall require that the asphaltic concrete surface course thickness be increased. 6. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of the road base by the Public Works Department. E. Paving. 1. The contractor shall begin the construction of the asphaltic concrete pavement upon approval of the road base by the Department. 2. All asphaltic concrete material and construction shall be in accordance with GDOT standards for "hot mix asphaltic concrete construction". 3. The Department shall check the cross-section of the finished pavement. Any area found to be deficient shall be marked and a record of deficiencies made by the director or designee. 4. If, in the opinion of the Department, the extent of deficiencies will impair the performance of the pavement, the Department shall direct that an overlay of a minimum thickness of one (1) inch be placed before the roadway is opened to traffic. 5. A copy of the delivery tickets for the asphaltic concrete material used shall be furnished to the Department at the time of completion of the work. If the delivery tickets indicate a shortage in the material used from the quantity estimated, then the Department may require a minimum one (1) inch overlay of the streets. 6. The base thickness is to be measured and accepted by the City prior to placement of any asphalt course. The applicant shall have core tests made to verify the thickness and compaction of the two-inch asphalt pavement course. a. The minimum core diameter shall be such that compaction of the sample can be determined in the lab and subsequent data supplied to the Department. b. The compaction of the course shall be required to meet Georgia Department of Transportation (GDOT) specifications per the asphalt mix placed. c. If a two (2) course asphalt section is required, the cores for the binder layer shall be cut, reviewed, and approved by the Department prior to placement of the topping lift. Also, in the event that a two (2) course asphalt section is required, the cores for the topping lift, if between one and one-half (1.5) inch and one and one-quarter (1.25) inch in thickness, shall be made to determine the thickness only. d. All cores shall be made on 400 foot intervals, alternating between each lane and center of roadway. If these cores indicate a deficiency in thickness or compaction of the asphalt pavement, an overlay shall be required when the following deficiencies occur: i. When the number of cores deficient in thickness within the allowable one-quarter (0.25) inch tolerance, or deficient in compaction exceeds 35% of the total cores taken on one (1) street; or ii. When two (2) or more consecutive tests show a deficiency of more than one-quarter (0.25) inch allowable tolerance or a deficiency in compaction. When a core shows a deficiency in excess of the allowable tolerance or compaction, additional cores shall be taken to delineate the area of the deficient thickness/compaction. 7. The applicant shall correct any deficiency with an overlay extending a minimum of 150 feet beyond the outer limits of the deficient area for the full width of the street. Smooth, neat joints shall be saw cut normal to the roadway for full depth of asphalt pavement, removing the original pavement for a minimum of ten (10) feet at each end of the overlay. The thickness of the overlay shall be determined by the depth of the deficient area and shall not be less than one and one-quarter (1.25) inch in compacted thickness. The type of material used in the overlay shall be specified by the Department. F. Shoulder and Drainage Improvements. After the paving has been inspected and approved, the pavement edges or behind the curb and gutter shall be backfilled and compacted and the ditches and back slopes properly graded, shaped, seeded, and mulched. An 80% stand of grass shall be obtained. All swales and ditches excavated below required depth shall be backfilled and compacted to 95% of maximum dry density. G. Horizontal Alignments. 1. The radius of horizontal curves on local residential streets within a subdivision shall be no less than 200 hundred feet. 2. The radius of horizontal curves on non-residential streets shall be no less than 300 hundred feet. 3. The horizontal radius for collector and arterial streets or any streets with a design speed of more than 25 miles per hour shall comply with the latest version of the American Association of State Highway and Transportation Officials (AASHTO) standards. 4. The minimum tangent lengths on non-residential streets is 100 feet. 5. The minimum tangent lengths on roadways with superelevation are governed by the minimum runoff and runout lengths necessary to adequately transition the superelevation rates required for the curvature based on the design speed and maximum allowable superelevation rate of the roadway. 16.3.6 Street Grades and Design Speeds A. Local and Collector Streets. Maximum grade for all local and collector streets shall be 12%. B. Arterial Streets. Maximum grade for all arterials shall be five percent (5%). C. All changes in grade must be connected by vertical curves which adhere to the design criteria as set forth by the current edition of the American Association of State Highway and Transportation Officials (AASHTO) Guide. 16.3.7 Curbs and Gutters A. Curb and Gutter Required. All new streets shall be provided with curb and gutter. All gutters shall drain smoothly with no areas of ponding. B. Gutter. Gutters shall be a minimum of 18”. C. Curbing. Curbing shall meet the following requirements: 1. Profile. All curbs shall be L-back curbs. 2. Curb Section. a. Residential Streets. Typical minimum section shall be 28” x 6” b. Major Thoroughfares. Typical minimum section shall be 30” x 6” for travel lanes along roadways with a posted speed limit of 40 miles per hour or 45 miles per hour. 3. Material. All curbs shall be constructed of Portland cement concrete. 4. Curbs shall be designed to provide handicapped access at street intersections, wherever sidewalks are constructed. D. Construction Methods. Curb and gutter shall be set true to line and grade, horizontal be field staked, and finished to the section shown on the plans. The grade of the new gutter shall be placed one inch (1") above the pavement grade in areas where drainage will not be adversely affected. 1. Line and grade shall be field staked for grades less than two percent (2%) and grades over 12%, and within 100 feet in both direc ons from all low points. 2. One-half inch (0.5") expansion joints or pre-molded bituminous expansion joint material shall be provided at all structures and radius points, and at intervals not to exceed 250 feet in the remainder of the curb and gu er. 3. Inferior workmanship or unprofessional construc on methods resul ng in unacceptable curb and gu er will be cause for rejec on of the finished work. 4. Disturbed areas along all curbing shall be backfilled, stabilized, and grassed. 16.3.7 Street Intersec ons A. Angle of Intersec on. 1. Intersections shall be generally be at right angles. 2. Shall not be at an angle of less than 80 degrees or more than 100 degrees on residential streets, unless approved by the City. 3. Shall not be at an angle of less than 90 degrees or more than 100 degrees for nonresidential streets, unless approved by the City. B. Curb Radius. 1. The minimum curb radius at street intersections shall not be less than 25 feet in residential subdivisions. 2. The minimum curb radius of street intersections for nonresidential streets shall be 50 feet. 3. For streets/roadways to have a dual lane exit, the exit curb radius shall not be less than 75 feet. 4. Where a City collector or an arterial roadway intersects with another City collector or arterial roadway the minimum radii at the intersec on shall be 50 feet. C. Street Intersection Standards. 1. Pedestrian ramps shall be designed for all intersec ons in accordance with standard drawings for subdivisions and residen al developments designed to include sidewalks and shall meet the minimum standards in the Georgia Accessibility Code. The curb shall be depressed to accommodate future installa ons at the same me as the curb. 2. Interior subdivision street intersec ons shall have a minimum centerline offset of at least 125 feet when not aligned directly across from one another. D. Visibility at Intersections. 1. Corner Lots. On corner lots within all zoning districts, no fence, shrubbery, or other obstruction shall be placed within the sight line triangles that blocks or disrupts the line of sight based on a driver eye height of three and one-half (3.5) feet located 14 feet from edge of travel lane or from the edge of the deceleration lane and an object height of three and one-half (3.5) feet located in the center of each respective lane. However, street signs, streetlights, mailboxes, or similar shall be permitted within the sight line triangles. 2. Intersection Sight Distance. a. Curb cuts shall be placed to provide for the minimum intersection sight distance based on the intersecting road's posted speed limit as shown in Table 16.3.7.D.2.A Intersection Sight Distance. Table 16.3.7.D.2.A – Intersection Sight Distance Speed (MPH) Intersection Sight Distance 25 280 30 335 35 390 40 445 45 500 50 555 55 610 Source: 2018 AASHTO Green Book b. The intersection sight distance is measured using a driver-eye height of three and one-half (3.5) feet and an object height of three and one-half (3.5) feet with the driver eye being located 14 feet beyond the edge of the travel lane or from the edge of the deceleration lane and an object height of three and one-half (3.5) feet located in the center of each respective oncoming lane. c. Intersection sight distance shown in Table 16.3.7.D.2.A, Intersection Sight Distance is for a stopped passenger car to turn left onto a twolane highway with no median and grades three (3) percent or less. For other conditions, the time gap should be adjusted and the sight distance recalculated per AASHTO standards, latest edition. 3. Stopping Sight Distance. a. The minimum centerline stopping sight distance shall be designed relative to the design speed of the street as shown in Table 16.3.7.D.3.B, Stopping Sight Distance. Table 16.3.7.D.3.B – Stopping Sight Distance Speed (MPH) Centerline Stopping Sight Distance Minimum crest curve “k” Minimum sag curve value “k” value 25 155 12 26 30 200 19 37 35 250 29 49 40 305 44 64 45 360 61 79 50 425 84 96 55 495 114 115 Source: 2018 ASSHTO Green Book b. The centerline stopping sight distance shall be measured above the centerline using a driver eye height of three and one-half (3.5) feet and an object height of six (6) inches. c. Where there is an intersecting street on or near the vertical curve, the minimum "k" value may not provide for the minimum intersection sight distance requirement. If this is the case, the "k" value for the crest curve will need to be increased in order to obtain the minimum intersection sight distance required. E. Maximum Grade. Street intersections should be designed with a flat grade wherever possible, but in no case should the grade exceed 2 percent (2%) in normal situations (or 4 percent (4%) in topographical hardship situations on local streets). F. Islands. Islands in street intersections shall conform to the design requirements of the standard drawings. In no case shall anything in an island extend more than three feet above the street grade within the right-of-way, except traffic regulatory devices and other infrastructure erected or approved by the City. No island shall be approved which contains less than 100 square feet. 16.3.8 Traffic Control Devices A. Traffic Control Signs. The installation of street signs, traffic control signs, and devices such as striping and signalization, shall be coordinated with the Department, and provided through payment of fees to the appropriate agency. B. Street Name Signs. 1. The director shall determine the need and location of street signs within a subdivision. 2. The standard steel street posts or wooden four-inch by four-inch posts with horizontal reflectorized street name plates with four-inch letters shall be furnished and installed by the City. C. Traffic Signals and Signs. All traffic signals and signs shall conform to the Manual on Uniform Traffic Control Devices (no decorative traffic control devices will be allowed). 16.3.9 Traffic Calming Devices A. Traffic Calming Devices shall be compa ble with standards outlined in the Georgia Department of Transporta on and shall be recognized by the Ins tute of Transporta on Engineers (ITE). B. Private streets shall be designed in accordance with the above so as to encourage and maintain maximum opera ng speeds of no more than 25 mph. The maximum length of roadway sec on between speed control points shall be 500 feet. C. A traffic-calming plan is subject to review and approval by the Public Works Department based, in part, on a warrant analysis based in accordance with the generally accepted standards of the Ins tute of Transporta on Engineers (ITE). 16.3.10 Transi onal Requirements All established streets shall comply with the following general provisions: A. Permanent dead-end streets. 1. Local streets designed to have one (1) end permanently closed and not connected with any existing street, proposed future street, or not intended to extend to the property line of an adjacent tract, shall be no longer than seven (7) times the lot width required by the underlying zoning district, unless necessary due to the topographic or other physical conditions of the property. 2. Dead-end streets, designed to be such permanently, shall be provided at the closed end with a paved turnaround having an outside diameter of not less than 80 feet, and a right-of-way diameter of not less than 110 feet. 3. Dead-end streets, designed to be such permanently, that exceed more than 800 feet in length may be required to have a cul-de-sac for emergency vehicles, as approved by the Fire Marshal. B. Temporary dead-end streets. 1. Stub Street. Stub streets, which are intended to provide access for future development within a tract of land or adjacent lands, shall be required to have a temporary turnaround area having a diameter of not less than 80 feet, consisting of six (6) inches of graded aggregate base. 2. Temporary dead-end streets which extend for a distance greater than 150 feet shall be provided with a temporary turnaround having a diameter of 80 feet. Said temporary turnaround shall be so constructed as to ensure a surface resistant to erosion and so drained as to prevent damage to abutting properties. Temporary dead-end streets of 150 feet or less shall be provided with an earth barrier, fence, or similar physical barricade at the dead end. Provisions shall be made for the future extension of the streets and reversion of the excess right-ofway to the adjoining properties. 3. For subdivisions with a temporary turnaround, it shall be required of the applicant to provide a letter of credit equal to the cost of permanent cul-de-sac construction C. Additional paved surface width. 1. Any proposed development that includes a platted street containing a driving surface width of less than that required or deficient based on construction, material, or facility standards (e.g.: a lack of sidewalks) by this UDC shall provide for the improvement of said street so that the minimum standards required by this Article are improved by the developer along the full length of the subject property frontage. If the proposed subdivision abuts only one side of said street, then a minimum of half of the required extra surface shall be provided by the developer. 16.4 Drainage Standards for Streets 16.4.1 General A. All storm drain pipes or culverts carrying stormwater from the street and adjacent property or through lots in the subdivision shall be extended to ten (10) feet from the rear property line. 1. Stormwater shall be released into a channel or swale without causing scouring, erosion, or resulting in sedimentation of the receiving channel. 2. The outlet channel shall include structural and vegetative measures to assure nonerosive velocities of stormwater. B. Installations, backfilling, and compaction around drainage pipes shall be in accordance with Georgia Department of Transportation (GDOT) specifications. All pipes shall have a minimum cover of 18 inches from the bottom of the road base, and head walls or inlet basins constructed at the ends of the pipes. C. The design of drainage structures shall be based on the GSMM standards. D. Piped collection systems for public streets (catch basins, inlets, cross drains, longitudinal piping), shall be designed for the 25-year storm. E. Road culverts, which carry live streams, shall be RCP and off-site drainage shall be designed for the 100-year storm and the developer's engineer is to provide a no-rise certification letter. F. Cross drainpipes within the public rights-of-way shall be designed and constructed at or near a 90 degree angle with the roadway centerline. Where a slight skew is necessary, the pipe shall be placed within an 80 to 100 degree angle with the roadway centerline. G. Longitudinal pipes along a curved section of roadway shall be located on the inside of the curve to avoid pipe beneath the roadway footprint. In the event that the longitudinal pipe needs to be along the outside of the curve, the pipe shall be wholly located outside the limits of the curb and gutter by use of additional junction boxes. H. For pipe at a cul-de-sac location, all pipe shall be wholly located outside of the footprint of the curb and gutter that encircles the cul-de-sac. 16.4.2 Minimum Design Standards A. All of the materials, methods of the construction, and workmanship for the work covered in reference to stormwater conveyance facility construction shall conform to GDOT standards. B. Allowable pipe material for all applications in drainage easements and public street rights-of-way, except as specified below, are aluminum-coated (Type 2) corrugated steel pipe (ASP), corrugated aluminum alloy pipe, smooth-lined corrugated high density polyethylene pipe (HDPE), or reinforced concrete pipe (RCP). C. For roads constructed with public funds, either wholly or in part, or roads classified as major thoroughfares, materials which meet the GDOT design standards shall be used unless an alternative is specifically approved by the City. D. Only reinforced concrete pipe (RCP) shall be used for all dams nine (9) feet or more in height with an impounding capacity of 20 acre-feet or more unless the Georgia Safe Dams Program requires another material. E. Reinforced concrete pipe (RCP) shall be used under non-local roads when the ADT is greater than 15,000 vehicles per day (vpd). Reinforced concrete pipe (RCP) or smoothlined corrugated high density polyethylene (HDPE) pipe shall be used under nonlocal roads when the ADT is less than 15,000 vpd. F. The Department may approve an alternative pipe material with the recommendation of an engineer registered in the State of Georgia. 16.4.3 Pipe and Pipe Coa ng Requirements A. Pipe Standards. 1. Reinforced Concrete Pipe (RCP). a. Reinforced concrete pipe shall be in no less than eight (8) foot joint lengths. b. All joints shall be bell and spigot type, with a rubber gasket conforming to ASTM C-443. c. Pipe shall be manufactured in accordance with AASHTO M-170 and/or ASTM C-76. d. Class of pipe and wall thickness shall be in accordance with 1030-D, Georgia DOT specification, Table No. 1. 2. Aluminum-Coated (Type 2) Steel Pipe. a. Pipe coating shall comply with AASHTO M-274. b. Pipe fabrication shall comply with AASHTO M-36. c. Pipe material and fabrication shall comply with AASHTO M-196. 3. Smooth Interior Corrugated Polyethylene Pipe. a. This specification applies to high density polyethylene corrugated pipe with an integrally formed smooth-lined interior (HDPE). HDPE pipe manufacturers shall be approved by the director. b. This pipe shall conform to the requirements of AASHTO M-294, Type S. c. Joints shall be as recommended by the manufacturer and approved by the City. Connections shall create a soil tight joint at a minimum and shall use a rubber gasket, which conforms to ASTM F-477. d. Installation shall be in accordance with ASTM Recommended Practice D2321, AASHTO Section 30, or as specified by the City. e. Certification from the manufacturer that the product was manufactured, tested, and supplied in accordance with this specification shall be furnished to the City upon request 4. The Department shall determine the minimum acceptable combinations of gages, diameters, and corrugation configurations for corrugated aluminum alloy pipe and pipe arches, and for corrugated aluminum-coated steel pipe and pipe arches. 5. Each end of each pipe section, to be joined by a coupling band, shall have a minimum of two (2) annular corrugations. Coupling bands shall be so constructed to lap on an equal portion of each of the pipe sections to be joined. The connecting bands shall have a minimum of two (2) annular corrugations and fully engage, over the entire pipe periphery, one (1) corrugation on each pipe. Bands shall be fabricated from the same material as the pipe. The minimum band gauges for aluminum pipe and aluminized pipe shall be as specified in AASHTO M-196, Section 19, and AASHTO M-36, Section 9, respectively. 6. Gaskets may be required as determined by the city in the field, shall be either sleeve type or O-ring type and shall meet the requirements for gaskets as specified in AASHTO M-36, Section 9.3 7. Table 16.4.3, Pipe Installation Standards indicate which pipe is permitted within the City based on installation type. Table 16.4.3 – Pipe Installation Standards Pipe Type Installation Type RCP Aluminized Polymer Type 2 Steel Precoat Steel Aluminum Alloy Corrugated Smooth-Lined Polyethylene High Density Polyethylene Type “S” Longitudinal P P P P -- P Cross Drains >15,000 ADT1 P -- -- -- -- -- Cross Drains <15,000 ADT1 P -- -- -- -- -- Cross Drains P <15,000 (local roads)1 -- P P -- -- Cross Drains<15,00 0 (local roads)2 -- -- P P -- P Lateral Systems P P P P -- P Slope Drain -- P P P -- P Perforated Underdrain -- P P P P P Dams P -- -- -- -- -- Perennial Streams P -- -- -- -- P “P” = Permitted “--“= Not Permitted 1 = Cross drain less than 10% slope 2 = Cross drain over 10% slope 8. Minimum Standards a. The minimum allowable design velocity for all pipe types, except for Corrugated Polyethylene, is 2.5 fps. b. The maximum allowable design velocity for all pipe types is 15 fps, except for Aluminized Type 2 Steel which is 5 fps. Corrugated Polyethylene has no maximum design velocity. c. Aluminized Type 2 Steel requires a minimum soil PH/resistivity of 6/1500 ohm/cm. d. Polymer Precoat Steel requires a minimum of soil PH/resistivity of 5/1500 ohm/cm. B. Structural Plate Drainage Structures. Corrugated aluminum alloy structural plate pipe, pipe arches and arches shall consist of aluminum plates and galvanized bolts and nuts of the size, shape and thickness as shown on the approved plans. These structures shall conform to the requirements of AASHTO M-219. 16.4.4 Pipe Installa on A. Installation Standards. 1. Reinforced concrete pipe (RCP), corrugated aluminum alloy pipe, corrugated aluminum coated steel pipe, and smooth interior corrugated polyethylene pipe shall be installed in accordance with GDOT specifications. 2. Prior to approval of a final plat, the City may require the submittal of certification from a mandrel testing agency indicating that all installed pipe (other than RCP) does not exceed five percent (5%) deflection. 3. Based on field inspections, video surveillance may be conducted by the City or required by the City on storm drain installations before approval of the final plat or issuance of the Certificate of Occupancy. If required, video surveillance should be done after completion of all activities that may damage the pipe but prior to the placement of base and the paving or landscaping over or near the pipe. If video surveillance indicates problems such as pipe deformation, cracking, or joint separation, the pipe shall be removed and replaced before approval. B. Bedding. All pipe structures shall be placed on stable earth or fine granular foundation with the characteristics of which would be expected to provide long-term stability. In all live stream pipe installations, in areas of low bearing solid or non-uniform foundations, in area where rock is encountered at the foundation level, or in other locations where conditions warrant, a minimum of six (6) inches of crushed stone bedding is required (maximum size of stone shall be three-quarters (0.75) inch). Geotextiles or geogrids may also be required by the City in problem areas. C. Backfilling. 1. Backfill for CSP, CAP, and HDPE pipe installations shall be constructed using graded aggregate base or crusher run six (6) inches below the bottom of pipe to 12 inches above the pipe crown. 2. Backfill for RCP pipe installations shall be constructed using graded aggregate base or crusher run six (6) inches below the pipe invert to one-quarter (0.25) of the pipe diameter. 3. Foundation backfill material shall be used for RCP above one-quarter (0.25) of the pipe diameter (if graded aggregate base is not used above the one-quarter (0.25) of the pipe diameter) as per Type I or Type II GDOT standards. 4. These materials shall be placed in players of no more than six (6) inches loose. 5. Compaction of these materials shall be accomplished by hand tamping or machine tamping. Required compaction levels are as follows: a. Within Street Right-of-Way. Backfill within all street rights-of-way shall be compacted to 95%maximum density, tested using the AASHTO Method T-99. b. In Other Areas. Backfill in all other areas shall be compacted to 90% maximum density, tested using the AASHTO Method T-99. c. Construction Loads and Minimum Covers. If drainage pipe is installed prior to the completion of grading, a minimum of four (4) feet of fill should be provided where needed to adequately protect the drainage structure during the land development phase, unless the structure itself is designed to withstand the anticipated live load during construction. 16.4.5 End Finish A. Headwalls or other end treatments are required on all culverts and at the outlet of all piped collection systems. Where ends of pipe are located within, or near, the right-ofway and are parallel, or nearly parallel, with the roadway, safety end sections shall be required when the posted speed limit is 35 miles per hour and over. B. Headwalls are to be precast concrete, stone masonry with reinforced concrete footings, or poured in place, reinforced concrete with reinforced concrete footings. Precast concrete headwalls for corrugated aluminum coated steel pipe or aluminum alloy pipe shall be made with aluminum coated steel or aluminum alloy pipe stubs. C. End treatments that conform to the slope may be pre-cast concrete end sections; aluminum coated steel or aluminum alloy end sections, masonry, PE end sections, reinforced poured-in-place slope collars, or grouted rip-rap. Concrete and metal flared end sections shall conform to applicable Georgia DOT Standard Drawing 1120, 1122, or Detail D-39. 16.4.6 Junc on Boxes and Catch Basins Junc on boxes and catch basins shall have metal manhole frames and lids for access. 16.4.7 Other Structures. Natural bo om arches and box culverts may be used in accordance with GDOT standards. Bo omless culverts shall require that a scour analysis be done by a registered professional engineer to ensure the soundness of the proposed structure. 16.5 Bicycle Facili es Construc on Standards A. On-Street Bicycle Facilities. 1. Conventional painted bike lanes are required on both sides of local streets with posted speed limits of 35 miles per hour or less, subject to review and approval by the Public Works Department. They shall be a minimum five (5) foot wide and have painted markings indicating the right-of-way width aside for dedicated bicyclist use. 2. Painted sharrow markings are required on both sides of local streets with posted speed limits of 25 miles per hour or less, subject to review and approval by the Public Works Department. 3. All bicycle facilities shall comply with the latest published standards in the AASHTO Guide for Development of Bicycle Facilities, as amended. B. Off-Street Bicycle Facilities. 1. Multi-use sidepaths are required on both sides of collector and arterial streets, subject to review and approval by the Public Works Department. C. Multi-Use Sidepaths. Multi-use sidepaths shall be a minimum width of ten (10) foot clear zone. A planted landscape zone of a minimum of six (6) feet wide from the back of curb shall separate the multi-use sidepath from the vehicle travel lane. Where feasible, the multi-use sidepath shall not be built in a straight line. See Figure 16.5.C – Multi-Use Sidepath Cross Section. 1. The Community Director may reduce the sidepath to eight (8) feet, if the applicant demonstrates that there are topographic extremes, environmental restrictions (e.g., stream buffers, wetlands), or severe utility conflicts. 2. All bicycle facilities shall comply with the latest published standards in the AASHTO Guide for Development of Bicycle Facilities, as amended. Figure 16.5.C – Multi-Use Sidepath Cross Section 16.6 Sidewalk Construc on Standards A. General. 1. Sidewalks shall form a logical, safe and convenient system for pedestrian or bike access to all dwelling units and other buildings, properties, and facilities. 2. Sidewalks shall be so located and safeguarded as to minimize contacts with automo ve traffic. 3. Sidewalks that are appropriately located, designed and constructed may be combined with other easements and used by emergency and service vehicles, but shall not be used by other automo ve traffic. 4. Minimum standards required by this Sec on are improved by the developer along the full length of the subject property frontage for exis ng streets and along the full extent for any new streets created. 5. During a transportation improvement project, sidewalks must be installed or brought into compliance with these standards. 6. 12 months from the completion of at least 90% of the dwellings in any subdivision, or phase of any subdivision, the City of Stockbridge reserves the right to install sidewalks along any areas not yet containing sidewalks. The cost of construction and installation shall be repaid to the City via a lien placed on the adjacent property upon which the sidewalk fronts. 7. After the maintenance period has expired, any broken curbing and sidewalk will be repaired by the builder before a Certificate of Occupancy/Completion is issued. B. Sidewalk Construction Standards. When required by this UDC, sidewalks and curb ramps shall be constructed in all new development or redevelopment along all abutting or internal streets, existing or new, private or public. 1. Sidewalk Installation and Timing. a. Required sidewalks shall be installed prior to the issuance of a Certificate of Occupancy/Completion. b. All sidewalks along common areas, including pond lots, amenity areas, open space, and lots containing existing homes or lots that are unbuildable, shall be installed by the developer before the end of the maintenance period. 2. Minimum Width. a. Sidewalks shall have a minimum width of five (5) feet clear zone along all roads within residential subdivisions and in residentially zoned or used areas. A planted landscape zone of a minimum of two (2) feet wide from the back of curb shall separate the sidewalk from the vehicle travel lane. See Figure 16.6.B.2.a – Sidewalk Cross Section 1. b. Sidewalks shall have a minimum width of eight (8) feet clear zone in all non-residential, mixed-use development areas, and along the frontage of the road a residential subdivision entrance is located on. A planted landscape zone of a minimum of five (5) feet wide from the back of curb shall separate the sidewalk from the vehicle travel lane. See Figure 16.6.B.2.b – Sidewalk Cross Section 2. Figure 16.6.B.2.a – Sidewalk Cross Section 1 Figure 16.6.B.2.b – Sidewalk Cross Section 2 c. Multi-use sidepaths are required on both sides of collector and arterial streets in accordance with this section, and with Section 16.6, Bicycle Facilities Construction Standards. Table 16.6 - Minimum Sidewalk Widths Local Streets (Residential)1 Landscape zone (minimum 2’ in feet) Sidewalk clear zone 5’ (minimum in feet) Multi-use sidepath clear zone N/A (minimum in feet) Local Streets (Non-Residential)2 Collector Arterial 5’ 6’ 6’ 8’ N/A N/A N/A 10’ 10’ 1 = The landscape zone and sidewalk clear zone is applicable to all roads within residential subdivisions and in residentially zoned or used areas. 2 = The landscape zone and sidewalk clear zone is applicable along the entire frontage of the road in which a residential subdivision entrance is located on. 3. Sidewalks shall be at least four (4) inches in thickness and shall be constructed of Portland cement concrete. 4. Sidewalks shall be installed no closer than two (2) feet to the back of curb line and shall not be constructed over any underground gas, electric, communications, or water and sewer utilities. 5. Sidewalks and curbs, at street intersections, shall be designed to permit handicapped access. 6. Intersection radius curb ramps shall be provided at street intersections. Straight ramps Straight ramps may be provided at intersections of curbed driveways and at streets without sidewalks. 16.7 Trail Construc on Standards A. Purpose. The purpose of this Section is to implement bikeways, multi-use sidepaths, greenways, or other public facilities contained in Master Trails Plans, LCI studies, and the Comprehensive Plan. B. Connections to Public Facilities. Where a new development or redevelopment adjoins an existing public bikeway, multi-use sidepath, greenway, or other public facility, the development shall provide a connection to such facilities. Where public facilities are incomplete but part of an adopted plan, such connections shall be installed by the developer. C. Installation. 1. The width of the public facility shall be as depicted and shown on adopted plans. Adopted plans include but are not limited to the Stockbridge Strategic Implementation and Master Plan for Trails, the Comprehensive Plan, LCI plans, and the Henry County Trail Plan. 2. A trail easement shall be required and approved by the Director of Community Development and the Public Works Department. Trail easements shall be recorded on all final plats. 3. Trails shall be at least five (5) inches in thickness and shall be constructed of Portland cement concrete. 4. A two (2) foot minimum clear zone shall be provided on both sides of a trail. These clear zones shall be seeded. 5. A ten (10) foot minimum vertical clearance shall be provided from the trail surface. 6. The entire length of the paved trailed shall include a four (4) inch wide, alternating yellow centerline strip and stop markings when approaching intersections. Figure 16.7.C - Trail Cross-Section 7. Subgrade. Subgrade shall be compacted to 95% standard proctor. Undercut and backfill may be required as determined by the Public Works Department. 8. Intersections. Trail intersection shall include signage, bollards, and pavement striping. a. Bollards. i. A removable bollard shall be placed a minimum of 30’ from the edge of the street and align with the alternating yellow centerline striping. ii. In addition to a removable bollard, a fixed bollard or fence post shall be on either side of the trail in line with the removable bollard. iii. All final locations shall be subject to review and approval by the Public Works Department. b. Detectable Warning Surface. A detectable warning surface shall be installed a minimum of six (6) inches from the edge of the trail and shall be a minimum of 24 inches wide. Figure 16.7.C.8 - Trail Intersection and Bollard 9. Trail Crossings. a. Marked Striping. If a trail crossing is required in a development, the development shall provide marked crosswalks. All color pavement markings shall be anti-skid with clean cut edges and conform to GDTO standard specifications for installation and finish. Figure 16.7.C.9 - Marked Crossing b. Crossing Island. A crossing island shall be required for mid-block pedestrian crossings, on roads with four or more travel lanes with posted speed limits of 35 miles per hour or more, or where AADT is 9,000 or higher. The crossing island shall be subject to review and approval by the Public Works Department. c. Raised Crossings. Raised crosswalks or raised intersections shall be installed based on determination by the Public Works Department. d. Pedestrian Safety. As determined by the Public Works Department, Pedestrian Hybrid Beacons (PHB) or Rapid Flashing Beacons (RRFB) shall be installed for intersection crossings. 16.8 Transporta on Improvement Projects A. Transportation Improvement Projects. Every transportation improvement project shall include accommodations sufficient to enable reasonably safe travel along and across the right of way for all users, including non-automobile users as set for in Section 16.3, Streets, 16.5, Bicycle Facilities Construction Standards, and 16.6, Sidewalk Construction Standards; unless one or more of these conditions exist and is documented: 1. Bicyclists or pedestrians are prohibited by law from using the roadway. In this instance, a greater effort may be necessary to accommodate bicyclists and pedestrians elsewhere within the right-of-way or within the same transportation corridor. B. Unpaved Road Improvement Projects. 1. Any unpaved road upon which a development has frontage and access shall be widened and paved, according to the functional class of the road, as set forth in Section 16.3, Streets, 16.5, Bicycle Facilities Construction Standards, and 16.6, Sidewalk Construction Standards along the frontage of the development to the nearest intersection with a paved City road. 2. The minimum right-of-way required according to Section 16.3, Streets shall be dedicated along the entire frontage of the development back to the nearest intersection in which the roadway is to be improved. 3. In addition to the design, construction, and right-of-way acquisition, the developer shall also be responsible for relocation of utilities. 4. Where a development has frontage, but does not provide access to an unpaved road, the developer shall preserve right-of-way along the development's frontage for future improvements to the roadway. 5. In instances where improving a roadway to the limits of the frontage causes for an undesirable termination point for the improved roadway, such as alignment issues or topographic issues, the improvement may be required to be further extended to provide for an acceptable tie-in to the existing roadway. C. Required Connections. Where a new development or redevelopment adjoins a bikeway or pedestrian facility, the development shall provide a bikeway or pedestrian connection to such facilities. Where facilities are incomplete but part of an adopted plan, stub-outs for future linkages shall be provided by the development. A pedestrian connection, or stub-out for future linkages, shall be provided where a new development lies within half (0.5) a mile of a school or existing or planned transit route. 16.9 Streetlight and Pedestrian Light Requirements 16.9.1 General A. In order to ensure adequate illumination of public rights-of-way and promote safety and security, The American National Standard Practice for Roadway Lighting of the Illumination Engineering Society, as approved by the American National Standards Institute, as from time to time amended, is hereby adopted as the standard for the installation and operation of lighting in the City. B. Streetlight and pedestrian light fixtures or equipment shall be erected, constructed, or installed by the applicant in such a manner to ensure that the lateral light distribution which causes a glare does not inhibit the users of the rights-of-way from safely traversing and using the rights-of-way. 16.9.2 Street Light Requirements A. All streets and roadways shall include streetlights, lampposts, or similar devices sufficient to illuminate all the street and walk area at night so as to permit safe passage by vehicles and pedestrians. B. The location, arrangement, type, and number of streetlights shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and proposed use of land to be served by the rights-of-way. C. The overlap of pedestrian light illumination and streetlight illumination shall be minimized to such an extent that streetlights may not be required at all in areas where pedestrian lights provide the required illumination without streetlights. Pedestrian lights may be installed in addition to required streetlights but shall not be used to fully substitute or eliminate the requirement to install streetlights in accordance with this Section. D. All streetlights installed under this Section shall be dedicated by the subdivider to the City or property owners’ association, as applicable, unless this requirement is expressly waived by the Mayor and City Council. E. It shall be the responsibility of the applicant to coordinate the installation of the streetlights and pedestrian lights with the appropriate utility and the City consistent with the standards contained in this UDC. F. Lighting Plan. 1. A ligh ng plan, which may be prepared by the streetlight provider, shall be provided to the Department for the erec on, construc on, or installa on of streetlight and/or pedestrian light fixtures or equipment upon which the illumina on thereof falls upon public rights-of-way. 2. Contents. The plan shall: a. Include security lights of all kings and nature; b. Shall illustrate the illumina on provided by pedestrian lights; and c. Drawings showing the exact loca on of proposed streetlights. 3. Ligh ng plans shall be submi ed with the final plat and any addi ons. 4. No ligh ng shall be installed or operated without approval of the Department. 16.9.2 New Development Requirements A. All new development, including residential subdivisions, multi-family developments, commercial developments, mixed-use developments, industrial developments, and any development involving the construction of new public or private streets, shall install streetlights in accordance with this Section. The developer of shall install all streetlights and pedestrian lights with underground wiring. B. Each property owner shall be assessed a rate based on the total cost of annual ligh ng charge within the district divided by the number of proper es within the district. Unit cost of ligh ng fixture charges shall be based on fees provided by electric u lity companies of both overhead and underground installa on. C. The rates or charges for ligh ng service shall cons tute assessments on the property so served. Those assessments shall be added to tax bills at the end of each year and shall cons tute a lien upon the property. Said lien shall have the same priority as tax assessments and an execu on may be issued for the purpose of enforcing the lien, including foreclosure and/or judicial sale. 16.9.3 Exis ng Development Requirements A. Individuals owning real property in an existing residential area desiring to install streetlights and/or pedestrian lights may apply with the City to establish a streetlight and pedestrian light district. B. The application shall be supported by a petition signed by property owners representing more than 51% of the property owners in the district which is sought to be established. C. Upon receipt of a complete streetlight application, the director will contact the utility provider to request a layout, price, and contract, if necessary, for the streetlights. For pedestrian lights, the proposed layout prepared by an engineer licensed in the State of Georgia and the fixture specifications, the unit price, and the contract, if necessary, shall be provided as part of a complete streetlight and pedestrian light district application. D. Up to three (3) additional streetlights or pedestrian lights may be added to an existing streetlight district, as approved by the City. 16.10 Drinking Water Conserva on Requirements 16.10.1 Purpose It is the purpose of this Section to require the use of ultra-low flow plumbing fixtures in all new construction, or when replacing plumbing fixtures during renovation or remodeling of existing buildings and to require the labeling of plumbing fixtures with information regarding flow rates for the purpose of conserving water to maintain the integrity of drinking water supplies and reduce wastewater flows. 16.10.2 Fixture Specifica ons and Installa on Standards A. No plumbing fixture shall be installed which does not meet the standards listed in this UDC. This includes all plumbing fixtures installed in newly constructed buildings or when replacing plumbing fixtures during remodeling or renovation of existing buildings, except as noted in legally nonconforming cases: B. All plumbing fixtures installed as referred to above should not exceed the following maximum water use rates: 1. Toilets: One and six-tenths (1.6) gallons per flush; 2. Urinals: One (1) gallon per flush; 3. Showerheads: Two and one-half (2.5) gallons per minute; 4. Kitchen faucets: Two and one-half (2.5) gallons per minute; and 5. Bathroom and lavatory faucets: Two (2) gallons per minute. C. The flow-restric on device in a showerhead must be a permanent and an integral part of the showerhead and must not be removable to allow flow rates in excess of that as stated in this Sec on. D. Lavatory faucets located in restrooms intended for use by the general public shall be of the metering or self-closing type, in addi on to the flow requirement as listed in this Sec on. 16.10.3 Product Labeling Specifica ons Effective July 1, 1991, all toilets, urinals, showerheads, or faucets shall be clearly labeled by the manufacturer to indicate the maximum flow rate or water usage of the fixture. The wateruse rate of the fixture shall be certified by the manufacturer based on independent test results and using 60 psi for showerheads. The label shall be affixed to the fixture and remain there until the proper building and/or plumbing inspections have been conducted. Also, the product packaging must be clearly marked to identify water use rates when offered for retail sale. 16.10.4 Excep ons A. The following fixture uses or applications shall be exempt from the standards: 1. Showers and faucets installed for safety purposes, such as emergency eye-wash stations, etc.; 2. Plumbing fixtures specifically designed for use by the physically handicapped; 3. Fixtures specifically designed to withstand unusual abuse or for installation in correctional institutions, which may require more water for proper operation; and 4. Instances of building renovation where significant plumbing modifications would be required to accommodate the lower flows or for specialized purposes which cannot be accommodated by existing technology. B. Permission for the exceptions listed here must be obtained from the Public Works Department. CHAPTER 17: STORMWATER MANAGEMENT 17.1 Purpose and Intent A. The purpose of this Chapter is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. B. Proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, the City of Stockbridge is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District's regional water plan related to managing the water quantity, velocity, and quality of post-construction stormwater runoff. This Chapter seeks to meet that purpose through the following objectives: 1. Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources; 2. Require that new development and redevelopment maintain the predevelopment hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, stream bank erosion, non-point source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats; 3. Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality and to preserve and/or restore natural hydrologic conditions on development sites; 4. Establish design and application criteria for the construction and use of structural stormwater control facilities that meet the minimum postdevelopment stormwater management standards; 5. Encourage the use of nonstructural stormwater management and stormwater better site design practices, peak rate and/or runoff reduction, and the preservation of greenspace and other conservation areas, by establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; 6. Establish provisions for the long-term responsibility of operation, inspection, maintenance and repair of private structural stormwater control facilities and private commitments for nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety or the environment; 7. Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term compliance; and 8. Preserve the natural drainage and natural treatment systems and reduce the additional stormwater runoff and pollutants; 9. Protect public health and safety by reducing the risk of localized flooding and reducing the amount of runoff entering streets. 17.2 Applicability and General Standards A. This Section is applicable to all land development, including, but not limited to, site plan applications, development permits, subdivision applications, and grading applications, unless exempt pursuant to Section 17.2,C, Exemptions. B. New Development and Redevelopment Sites. These standards apply to any new development or redevelopment site that meets one or more of the following criteria: 1. New development that creates or adds five thousand (5,000) square feet or greater of new impervious surface area or that involves land disturbing ac vity of one (1) acre of land or greater including projects of less than one (1) acre if they are part of a larger common plan of development or sale; 2. Any redevelopment of a previously developed site that creates, adds, or replaces 5,000 square feet or greater of new impervious surface area, or that involves land disturbing ac vity of one (1) acre or more, including projects of less than one (1) acre if they are part of a larger common plan of development or sale. 3. Any new development or redevelopment, regardless of size, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules or that is defined by the Director to be a hotspot land use; and 4. Linear transportation projects that exceed the threshold in “1” and “2” above. C. Exemptions. The following activities are exempt from the requirements of this Chapter. 1. Land disturbing ac vity conducted by local, State, authority, or Federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs; 2. Land disturbing ac vity that consists solely of cu ng a trench for u lity work and related pavement replacement; 3. Land disturbing ac vity conducted by local, State, authority, or Federal agencies, whose sole purpose is to implement stormwater management or environmental restora on; 4. Repairs to any stormwater management system deemed necessary by the Director; 5. Agricultural prac ces as described O.C.G.A. § 12-7-17(5) within areas zoned for these ac vi es with the excep on of buildings or permanent structures that exceed the thresholds in Subsec on 17.2, B, New Development and Redevelopment Sites; 6. Silvicultural land management ac vi es as described O.C.G.A. § 12-7-17(6) within areas zoned for these ac vi es with the excep on of buildings or permanent structures that exceed the thresholds in Subsec on 17.2, B, New Development and Redevelopment Sites; 7. Installa ons or modifica ons to exis ng structures solely to implement Americans with Disabili es Act (ADA) requirements, including, but not limited to, elevator sha s, handicapped access ramps and parking, and enlarged entrances or exits; and 8. Linear transporta on projects being constructed by the City of Stockbridge, other local governments, or State agencies to the extent the Director determines that the stormwater management standards may be infeasible to apply, all or in part, for any por on of the linear transporta on project. For this exemp on to apply, an infeasibility report that is compliant with the City of Stockbridge's linear feasibility program shall first be submi ed to the Director that contains adequate documenta on to support the evalua on for the applicable por on(s) and any resul ng infeasibility determina on, if any, by the Director. D. Designation of Administrator. The Director is hereby appointed to administer and implement the provisions of this Chapter. E. Compatibility with Other Regulations. This Chapter is not intended to modify or repeal any other chapter, rule, regulation or other provision of law. The requirements of this Section are in addition to the requirements of any other chapter, rule, regulation or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other chapter, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 17.3 Stormwater Design Manual The City of Stockbridge will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda for the proper implementation of the requirements of this Chapter. 17.4 Permit Applica on 17.4.1 Permit Applica on Requirements A. No owner or developer shall perform any land development activities without first meeting the requirements of this Section prior to commencing the proposed activity. B. Unless specifically exempted by this Section, any owner or developer proposing a land development activity shall submit to the Department a permit application on a form provided by the City for that purpose. C. Unless otherwise exempted by this Section, a permit application is accompanied by the following items in order to be considered: 1. Stormwater management plan in accordance with Section 17.6, Stormwater Management Plan; 2. A preliminary determination of infeasibility, as applicable, prepared in accordance with the practicability policy; 3. Inspection and maintenance agreement in accordance with Section 17.6, Stormwater Management Plan, if applicable; and 4. Permit application and plan review fees in accordance with Section 17.4.3, Application Review Fees. D. The approved stormwater management plan shall obligate the responsible party to accomplish all land clearing, construction, development, and drainage in accordance with the Stormwater Management Plan. Any and all permits for development activities may be revoked at any time if the construction of stormwater management facilities is not conducted in substantial conformity with approved plans. E. The applicant or responsible party shall obtain all state and federal permits required for the proposed development activity in addition to the plans and permits required by the City. F. Upon completion of the project the applicant or responsible party shall submit the engineer-of-record's certification and as-built plan that includes the global positioning system coordinates of the stormwater management facilities. If the as-built plan differs substantially from the approved plan but is still acceptable to City, then the applicant or responsible party shall update the recorded inspection and maintenance agreement upon approval by the City. 17.4.2 Applica on Procedure A. Applications for development permits are filed with the Department. B. Permit applications shall include the items set forth in Section 17.4.1, Permit Application Requirements. Two copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included as part of the application submittal. C. The Department shall inform the applicant whether the application, stormwater management plan, and inspection and maintenance agreement are approved or disapproved. D. If the permit application, stormwater management plan, or inspection and maintenance agreement is disapproved, the Department shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same. All provisions of this Section shall apply to such resubmittal. E. Upon a finding by the Department that the permit application, stormwater management plan, and inspection and maintenance agreement, if applicable, meet the requirements of this Section, the Department may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met. F. Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person is subject to the following requirements: 1. The applicant shall comply with all applicable requirements of the approved plan and this Section and shall certify that all land clearing, construction, land development, and drainage will be done according to the approved plan; 2. The land development project is conducted only within the area specified in the approved plan; 3. The Department is allowed to conduct periodic inspections of the project; 4. No changes may be made to an approved plan without review and written approval by the Department; and 5. Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by Section 17.7, Performance Criteria. 17.4.3 Applica on Review Fees The fee for the review of any land development application shall be based on the fee structure established by the City of Stockbridge, and payment shall be made before the issuance of any land disturbance permit or building permit for the development. 17.5 Stormwater Concept Plan A. Discussion of post-development stormwater management. Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with the City of Stockbridge. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM 2.4.2.4) or the stormwater concept plan (GSMM 2.4.2.5). The purpose of the presubmittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting. Applicants must request a pre-submittal meeting with the City of Stockbridge when applying for a determination of infeasibility through the practicability policy. B. Information to be submitted. To accomplish this goal, the following information is included in the concept plan that is submitted in advance of the meeting: 1. Existing Conditions/Proposed site plans. Existing conditions and proposed site layout sketch plans which illustrate, at a minimum, existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces; and Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements; 2. Natural Resources Inventory. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. 3. Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; Location of the boundaries of the base flood floodplain, future-conditions floodplain, and the floodway (as applicable); relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. Local watershed plans and any relevant resource protection plans will be consulted in the discussion of the concept plan. 4. Calculate preliminary es mates of the unified stormwater sizing criteria requirements for stormwater runoff reduc on/water quality, channel protec on, overbank flooding protec on and extreme flood protec on (GSMM 2.2). 17.6 Stormwater Management Plan A. The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this Section, including the performance criteria set forth in Section 17.7, Performance Criteria. B. This plan is in accordance with the criteria established in this Section and must be submitted with the stamp and signature of a design professional licensed in the state of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the current Georgia Stormwater Management Manual edition and the City’s submittal requirements for commercial and single-family residential development. C. Responsibility. Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements are made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site the person to be permanently responsible for its inspection and maintenance. 17.6.1 Submi al Requirements The stormwater management plan shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the applicable design requirements and forms found in the Georgia Stormwater Management Manual and the City’s submittal requirement for commercial and single-family residential development. This includes but is not limited to: A. Common address and legal description of the site. B. Vicinity map. C. Stormwater Concept Plan. D. Existing conditions and proposed site plans. Existing conditions and proposed site layout plans which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys; boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, building parking area and other impervious surfaces. E. Infiltration rates. Infiltration rates shall be determined by soil surveys, on-site soil analysis, or a percolation test. If the site has been previously developed or graded or contains urban soil types, a percolation test is required. F. Natural resources inventory. A written or graphic inventory of the natural resources in existence prior to the commencement of the project. This inventory shall address resources both on the site and in the surrounding area that are or may be impacted by the project. This inventory shall also include a description of the soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural features protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks, including but not limited to drinking water well setbacks and septic setbacks. Particular attention should be paid to environmentally sensitive features that present constraints for development. G. Existing conditions hydrologic analysis. The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities in accordance with the current Georgia Stormwater Management Manual, which shall include: a topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. For redevelopment sites, predevelopment conditions are modeled using guidelines established by the Director for the portion of the site undergoing land development activities. H. Post development hydrologic analysis. The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities shall be calculated in accordance with the Georgia Stormwater Management Manual and include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in with Section 17.7, Performance Criteria; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50% of the site area for the entire site, then the performance criteria in with Section 17.7, Performance Criteria must be met for the stormwater runoff from the entire site. For a subdivision of land or planned development, post-development runoff volumes, rates, and velocities shall be calculated based on the built-out conditions of the entire parcel to be subdivided, regardless of future ownership of individual lots. Estimates of impervious surfaces shall be made based on maximum allowable lot coverage in accordance with this UDC when meeting the performance criteria. The developer of said subdivided parcel may provide runoff reduction and water quality measures for individual lots, which must be reflected accordingly on the final plat. I. Stormwater management system. The description, scaled drawings and design calculations for the proposed post-development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a narrative describing how the selected structural stormwater controls will be appropriate and effective; cross section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Section 17.7, Performance Criteria; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans or similar protection area plans. J. Post development downstream analysis. A downstream peak flow analysis is required, which includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises ten percent (10%) of the total drainage area in accordance with GSMM. This is to help ensure that there are minimal downstream impacts from development on the site. The downstream analysis may result in the need to resize structural components of the stormwater management system. analysis must be in accordance with the stormwater design manual. K. Construction-phase erosion and sedimentation control plan. An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.) or NPDES permit for construction activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls. Prior to the approval of the stormwater management plan, the applicant or responsible party shall submit a proposed staged construction and inspection control schedule for approval; otherwise, the construction and inspection control schedule will be for the entire drainage system. No stage work related to the construction of stormwater management facilities or BMPs shall proceed until the next proceeding stage of work, according to the sequence specified in the approved stage construction and inspection control schedule, as inspected and approved. Runoff reduction and water quality measures shall be installed in the final phase of construction to prevent clogging. L. BMP landscaping plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include: the arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan; information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved. M. Operations and maintenance plan. Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include a narrative describing how the stormwater management system is designed to function, including capture, runoff control, water quality treatment, channel and flood protection, and ongoing operations and maintenance procedures for all stormwater management facilities and practices shown on the stormwater management site plan. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures are included in the plan. N. Maintenance access easements. The applicant must ensure access from right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access is sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist is recorded and shall remain in effect even with the transfer of title of the property. O. Inspection and maintenance agreements. Unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice. 1. The inspection and maintenance agreement shall identify by name or official title the person responsible for carrying out the inspection and maintenance (see also Section, 17.9.3, Responsibility). 2. The owner shall update the point of contact from time to time as needed and upon request by the City of Stockbridge. Upon any sale or transfer of the site, the new owner shall notify the City of Stockbridge in writing within 30 days of the name or official title of new person(s) serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following 30 days' notice, constitute a failure to maintain the stormwater management facility or practice. P. Evidence of acquisition of applicable local and non-local permits. The applicant shall certify and provide documentation to the Department that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan. Q. Determination of infeasibility (if applicable). 17.6.2 Modifica ons for Off-Site Facili es A. The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures are implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility. B. A stormwater management plan shall be submitted to the Department that shows the adequacy of the off-site or regional facility. C. To be eligible for a modification, the applicant shall demonstrate to the satisfaction of the Director that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas: 1. Increased threat of flood damage to public health, life, and property; 2. Deterioration of existing culverts, bridges, dams, and other structures; 3. Accelerated stream bank or streambed erosion or siltation; 4. Degradation of in-stream biological functions or habitat; or 5. Water quality impairment in violation of the state water quality standards, and/or violation of any state or federal regulations. 17.7 Performance Criteria A. For new developments, the following performance criteria shall be applied to the area of the site impacted by the proposed work. For redevelopment, the following performance criteria shall be applied to the area of the site impacted by the proposed work, provided that the impacted area does not exceed 35% of the previously developed area. If the impacted area exceeds 35% of the previously developed area, the following performance criteria shall be applied to the entire development, including previously developed area: 1. Green Infrastructure/Low Impact Development. To promote the use of Green Infrastructure, hereafter indicated as “GI”, or Low Impact Development, hereafter indicated as “LID”, techniques, where feasible, the City will allow the use of all GI/LID structures, better site planning techniques, and better site design techniques that are included in the GSMM. Table 17.7.A.1, Summary of Potential GI/LID Structures provides a summary of structures categorized as GI/LID. a. The use of GI/LIDs for achieving Runoff Reduction may be waived for sites with infiltration rates less than or equal to 0.5 inches/hour. Infiltration rates must be certified by a professional engineer or professional geologist. Testing should be conducted per the GSMM. Table 17.7.A.1 – Summary of Potential GI/LID Structures BMP Type Description Appropriate Benefits Setting Bioretention Basins Shallow stormwater basins Upland or landscaped areas that utilize engineered soils and vegetation to capture and treat stormwater runoff. Supports ground water recharge, pollutant, and runoff detention Rain Gardens Smaller bioretention areas Upland designed to treat runoff from small areas Supports groundwater recharge, treats multiple pollutants, and provides shade, windbreaks, and absorb noise. Enhanced Dry Swale Vegetated open channels Upland that are designed and constructed to capture and treat stormwater runoff within dry or wet cells formed by check dams or other structures. Types include a dry conveyance swale and a dry treatment swale. Provides partial infiltration of runoff in pervious soils, reduces thermal effects of impervious surfaces, and provides a habitat for wildlife species. Enhanced Wet Swale Vegetated open channels Upland that are designed and constructed to capture and treat stormwater runoff within dry or wet cells formed by check dams or other structures. Wet swales are a cross between a wetland a swale. Grass Channel Vegetated open channels Sitewide that provide biofiltering of stormwater runoff as it flows across the grass surface. Reduces flooding, encourages settling on the channel floor, and promotes infiltration. Vegetated Filter Strip Land areas with indigenous Upland Supports groundwater recharge, allows for flexibility in design and layout, and adaptable to a variety of site conditions. Infiltration Practices A shallow excavation, Upland typically filled with stone or engineered soil mix, which is designed to temporarily hold stormwater runoff until it infiltrates into the surrounding soils. Supports groundwater recharge, helps restore pre-development hydrology, and appropriate for small sites with porous sites. Permeable Pavers A pavement surface Upland composed of structural units with void areas that are filled with pervious materials such as gravel, sand, or grass turf. Provides water quality treatment and compatible with retrofitting existing developed areas. Downspout Disconnection Diverts water from flowing Parcel specific over an impervious area to a pervious area Restores pre-development hydrology on development sites, supports groundwater recharge, and increase water quality. Rainwater Harvesting Intercepts, diverts, and Upland/ stores stormwater runoff Sitewide for later use Supports restoring predevelopment hydrology and reduces postconstruction runoff rates, volumes, and pollutant loads. Green Roofs Alternative to traditional Upland/ impervious roof surfaces Sitewide Well-suited for use on urban development and redevelopment sites, supports wildlife habitat, and reduces urban heat island effect. Site Reforestation/ Planting trees and other Parcel specific native vegetation in disturbed pervious areas to restore them to their predevelopment conditions Reduces the amount of runoff, improves the infiltration capacity of soils, and provides a habitat for plant and animal species. Revegetation 2. Water Quality/Runoff Reduction. All stormwater runoff generated from a site shall provide runoff reduction of the first 1.2 inches of rainfall or shall be adequately treated for water quality before discharge. It will be presumed that a stormwater management system complies with this requirement if it satisfies the stormwater reduction criteria in this Section. However if any of the stormwater runoff volume generated by the first 1.2 inches of rainfall cannot be reduced or retained on site due to constraints such as a high water table, rock, low infiltration rates or the presence of a hotspot, the remaining volume shall be increased by a multiplier of 1.2 and shall be intercepted and treated in one or more stormwater management practices that provide at least an 80 percent (80%) reduction in total suspended solids loads in accordance with the following criteria: a. It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual; b. Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual or constitutes an alternative practice responsibly designed and documented by the design professional to reproduce the intent of the Georgia Stormwater Management Manual; and c. Runoff from hotspot land uses and activities identified by the Department are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices, and pollution prevention practices. 3. Stream Channel Protection. Protection of stream channels from bank and bed erosion and degradation is provided by using all of the following three (3) approaches: a. Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer; b. 24-hour extended detention storage of the one-year, 24-hour return frequency storm event; and c. Erosion prevention measures such as energy dissipation and velocity control. d. Exemptions. i. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, stream channel protection is not required. ii. Only approach “b” may be waived for sites that discharge directly through piped stormwater drainage systems into larger streams, rivers, wetlands, lakes, estuaries, tidal waters, or other situations where the reduction in smaller flows will not have an impact on stream bank or channel integrity. 4. Overbank Flooding Protection. a. Downstream overbank flood and property protection is provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. If control of the one-year, 24-hour storm under subsection (a) of this section is exempted, then peak discharge rate attenuation of the two-year through the 25-year return frequency storm event must be provided. For redevelopment projects overbank flood and property protection shall be provided by reducing the peak discharge rate up to the 25-year, 24-hour storm event in accordance with the following formula: i. %PIC/2 = %PDRR 1. PIC = Pre-development Impervious Cover 2. PDRR = Peak Discharge Rate Reduction b. For sites where previous demolition has removed impervious surfaces, pre-development peak discharge rate calculations and percentage of impervious coverage shall be calculated based on pre-demolition conditions. For sites that have been demolished and have remained fallow and stabilized with vegetation for a minimum of five (5) years, they shall be considered as having pre-development conditions of 20 percent impervious cover for purposes of calculating peak discharge rate reduction. c. For land development permitted after 2005 and served by appropriate stormwater management facilities, subsequent redevelopment of the same area is not required to further reduce the peak discharge rate, provided that the site continues to meet the reduction previously achieved. d. Exemption. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, overbank flooding protection is not required. 5. Extreme Flooding Protection. a. Extreme flood and public safety protection is provided by controlling and safely conveying the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated. b. Exemption. For redevelopment projects that create, add, or demolish and replace less than 5,000 square feet of impervious surface and meet the performance criteria of this Section, extreme flooding protection is not required. 6. Structural Stormwater Controls. All structural stormwater management facilities are selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual. All structural stormwater controls must be designed appropriately to meet their intended function. For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the Department before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the City may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased non-point source pollution loads created on the site in question. Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control. 7. Stormwater Credits for Nonstructural Measures. The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Section 17.7.A.2, Water Quality/Runoff Reduction. The applicant may, if approved by the Department, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements that identifies the conditions or circumstances under which the credit may be applied. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual. 8. Drainage System Guidelines. Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, ditches, and energy dissipaters, are provided when necessary for the protection of right-ofway and private properties adjoining project sites and/or rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, shall meet the following requirements: a. Methods to calculate stormwater flows are in accordance with the stormwater design manual; b. All culverts, pipe systems and open channel flow systems are sized in accordance with the stormwater management plan using the methods included in the Georgia Stormwater Management Manual; and; c. Design and construction of stormwater conveyance facilities are in accordance with the criteria and specifications found in the Georgia Stormwater Management Manual. 9. Dam Design Guidelines. Any land disturbing activity that involves a site that proposes a dam shall comply with the Georgia Safe Dams Act of 1978 (O.C.G.A. § 12-5-370 et seq.) and rules for dam safety, as applicable. B. As-Built. All applicants are required to submit actual "as-built" plans for any stormwater management facilities or practices after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a professional engineer. A final inspection by the Department is required before the release of any performance securities can occur. C. Long-Term Maintenance Inspection of Stormwater Facilities and Practices. 1. The absence of an inspection and maintenance agreement shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater management facility. If the owner or responsible party fails or refuses to meet the requirements of this Section, the City may correct the violation at the owner's expense. 2. For facilities constructed prior to the effective date of this Section the owner or responsible party shall perform proper maintenance of the stormwater maintenance facility as required by the indemnification agreement. If the owner or responsible party fails or refuses to meet the requirements of this Section, the City may correct the violation at the owner's expense. 3. Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this Section. 4. A stormwater management facility or practice is inspected on a periodic basis by the person responsible in accordance with the approved inspection and maintenance agreement or in the absence of an inspection and maintenance agreement, in accordance with the requirements of this Section. If the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Department shall notify the person responsible for carrying out the maintenance plan who is specified in the inspection and maintenance agreement by registered or certified mail. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures are completed. Failure of the City to provide such notice shall not relieve the owner or responsible party from performing proper maintenance and inspection of the stormwater maintenance facility. If the person responsible fails or refuses to meet the requirements of the inspection and maintenance agreement, the Department may correct the violation as provided in this Section. 5. An annual inspection shall be performed and attested to by a professional engineer with results reported to the City. Any deficiencies noted in either operation or maintenance of the facility must be included in the report along with the proposed remedies required and a timetable for their implementation. If substantial deficiencies are found, a follow-up inspection to confirm correction of said deficiencies shall be performed and reported to the City. D. Records of Maintenance Activities. Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Department. 17.8 Stormwater Management Design Requirements A. Stormwater management requirements may be satisfied through individual on-site stormwater management facilities, including wet ponds, dry detention ponds, or other BMPs designed in accordance with the GSMM, subject to approval by the City Engineer. Where a regional stormwater facility has been designated in an approved watershed or master stormwater plan, the Director may require participation in such facility in lieu of or in addition to on-site controls. B. Stormwater Management Screening. Evergreen vegetative screening shall be provided with a minimum height of three (3) at the time of planting around the pond. C. Stormwater Management Fencing. When a detention structure is over four (4) feet deep or in a location that constitutes a danger to human habitation, it shall be protected by a permanent fence or barrier and warning signs. 1. Fences shall be five (5) foot high chain link or other approved material with a ten (10) foot wide gate. 2. Fences shall be located on the outside edge of the ten (10) foot perimeter easement. 3. No fences may be built that would inhibit proper function of the drainage system. D. Drainage Easements. Drainage easements suitable for the construction and maintenance of the drainage system shall be provided, in compliance with the following provisions: 1. All subdivision lots shall have a ten (10) foot drainage easement along all side lot lines. 2. All stormwater management facilities shall be accessible from a street by a minimum 20-foot graveled easement, which easement shall also be available to the City. 3. All detention facilities shall have a ten (10) foot access easement around the outside perimeter of the facility. 4. No fences or planting of shrubbery shall be allowed on the access easement(s). 5. The easements shall be shown on the final plat. 17.9 Stormwater Management U lity 17.9.1 General A. Given the needs, goals, program priorities and funding opportunities identified in the professional engineering and financing analysis, it is appropriate to authorize the formation of an organizational and accounting entity dedicated specifically to the management, maintenance, protection, control, regulation, use and enhancement of stormwater systems in the City in concert with other water resource management programs. B. Stormwater management is applicable and needed throughout the corporate limits of Stockbridge. C. The stormwater needs in the City include, but are not limited to, protec ng the public health, safety and welfare. Provision of stormwater management programs and facili es renders and/or results in both service and benefit to all proper es, property owners, ci zens and residents of Stockbridge in a variety of ways as iden fied in the professional engineering and financial analysis. D. The City presently owns and operates stormwater management systems and facili es which have been developed over many years. The future usefulness of the exis ng stormwater systems owned and operated by the City, and of addi ons and improvements thereto, rests on the ability of the City to effec vely manage, protect, control, regulate, use and enhance stormwater systems and facili es in Stockbridge in concert with the management of other water resources in the City. In order to do so, the City must have adequate and stable funding for its stormwater management program opera ng and capital investment needs. 17.9.2 Establishment of a U lity and Enterprise Fund A. There is hereby established a stormwater management utility within the Stockbridge utility department which shall be responsible for stormwater management throughout the City's corporate limits, and shall provide for the management, protection, control, regulation, use and enhancement of stormwater systems and facilities. Such utility shall be under the direction of a Stormwater Utility Directo. B. The City Manager and City Clerk shall establish a stormwater enterprise fund in the City budget and accounting system, separate and apart from its general fund, for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the utility, including, but not limited to, rentals, rates, charges, fees and licenses as may be established by the City council. All revenues and receipts of the stormwater utility shall be deposited promptly upon receipt into the stormwater enterprise fund, to be held and invested in trust for the purposes dedicated, and expended exclusively for purposes of the utility, including capital project construction. No other funds of the City shall be deposited in the stormwater enterprise fund or commingled with dedicated stormwater revenues, except that other revenues, receipts and resources not accounted for in the stormwater enterprise fund, including, but not limited to, grants, transfers of City funds, loans and bond proceeds may be combined with and applied to stormwater management capital projects as deemed appropriate by the City Council, upon recommendation of the City manager. C. The City Council hereby transfers to the Stormwater Utility Director operational control over the existing stormwater management systems and facilities owned and heretofore operated by the City and other related assets, including, but not limited to, properties upon which such facilities are located, easements, rights-of-entry and access and certain equipment. 17.9.3 Responsibility A. The stormwater management utility shall be responsible for stormwater management throughout the corporate limits of the City. The utility shall provide for the conservation, management, protection, control, use and enhancement of stormwater through planning, acquisition, construction, installation, management, operation, maintenance, regulation, extension and improvement of the public stormwater systems to collect, control, convey, store, detain, retain, recharge and treat stormwater and through regulation of stormwater management systems on private property. It shall be the long-term objective of the City to provide a comparable and consistent level of stormwater service to similarly situated properties throughout the service area. B. The system consists of all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural or man made, within the political boundaries of the City of Stockbridge which control and/or convey stormwater through which the City intentionally diverts surface waters from its public streets and properties. The City owns or has legal access for purposes of operation, maintenance and improvements to those segments of this system which: 1. Are located within public streets, rights-of-way and easements; 2. Are subject to easements, rights-of-entry, rights-of-access, rights-of-use or other permanent provisions for adequate access for opera on, maintenance and/or improvement of systems and facili es; or 3. Are located on public lands to which the City has adequate access for opera on, maintenance and/or improvement of systems and facili es. C. Operation and maintenance of stormwater systems and facilities which are located on private property or public property not owned by the City and for which there has been no public dedication of such systems and facilities for operation, maintenance and/or improvement of the systems and facilities shall be and remain the legal responsibility of the property owner, or its occupant, or the homeowner's association in the case of a development, except as that responsibility may be otherwise affected by the laws of the State of Georgia and/or the United States of America. Where no dedication has been made and a private individual, entity or homeowner's association becomes responsible for the maintenance of a facility or pond following the expiration of the developer's four-year maintenance bond, an easement in favor of the City shall be required. If, at any time, a responsible party fails to maintain a stormwater facility or pond in the manner contemplated by the City, then the City will act to maintain the facility or pond. The private party shall remain responsible for all costs incurred for that maintenance provided by the City. D. It is the intent of the ordinance codified in this chapter to protect the public health, safety and general welfare of all properties and persons in general, but not to create any special duty or relationship with any individual person or to any specified property within or without the boundaries of the City of Stockbridge. The City expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the City, its officers, employees and agents arising out of any alleged failure or breach of duty or relationship as may now exist or hereafter be created. To the extent any permit, plan approval, inspection or similar act is required by the City as a condition precedent to any activity by or upon property not owned by the City, pursuant to the ordinance codified in this chapter or any other regulatory ordinance, regulation or rule of the City or under Federal or State law, the issuance of such permit, plan approval or inspection shall not be deemed to constitute a warranty, express or implied, nor shall afford the basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking the imposition of money damages against the City, its officers, employees or agents. 17.9.4 General Funding Policy A. It shall be the policy of the City that funding for the stormwater utility is equitably derived through methods that have demonstrable relationships to the varied demands and costs imposed on the stormwater systems and programs and/or the level of service provided as a result of the provision of stormwater services and facilities. B. Service charges for stormwater management shall be fair and reasonable and shall bear a substantial relationship to the cost of providing services and facilities. The cost of stormwater services and facilities may include administrative, operating, capital investment, debt service, engineering and planning and reserve expenses, and may also include related regulatory expenses associated with watershed management requirements. Properties shall be charged rentals, rates, charges, fees or licenses in proportion to their related cost of service impact. C. Service charge rates shall be designed to be consistent and coordinated with the use of other funding methods employed for stormwater management by the City, whether within or outside the stormwater utility, including, but not limited to, plan review and inspection fees, special fees for services, fees in lieu of regulatory requirements, impact fees, system development charges and special assessments. 17.9.5 Stormwater Management U lity Service Charges A. There are hereby established stormwater management utility service charges that shall be billed to all properties in the Stockbridge service area, except as specific exemptions or credits may allow for in the ordinance codified in this chapter or shall allow in future ordinances or amendments to this chapter. The stormwater management utility service charges may, but are not required to, include a service rate charge applied to each property. The service rate charge, if applied, shall be related generally to the amount and quality of runoff discharged to the public stormwater systems and stormwater receiving waters and to the costs of services associated with stormwater management. The service charge may also include a base rate charge for certain costs of service common to all stormwater management accounts, and/or special service charges to persons, entities or properties that require services and/or facilities not commonly needed by all persons, entities or properties. B. The service rate charge, if applied, shall be reflective of the cost of providing services and facilities to properly control stormwater runoff quantity and quality. The three (3) most important factors in the City's present cost of providing stormwater management services and facilities to individual properties are: 1. The size of each property; 2. The amount of impervious area on each property; and 3. The number of parcels in the service area. C. A base rate charge, if applied, shall be structured to recover those stormwater management costs of service that are not related to the size of individual properties or the amount of impervious area on individual properties, and may include, but are not limited to, the cost of billing and accounting for service charges to each account and other administrative and overhead expenses. D. Special service charges, if applied, shall be structured to recover the cost of providing to certain persons, entities and properties types or levels of stormwater management services that are not commonly required by all stormwater service charge ratepayers. Such services may include, but are not limited to, private development plan review and inspection, site inspections to verify the operational condition of on-site stormwater management systems, such as private detention/retention and conveyance facilities, monitoring and mitigative activities related to conditions on individual properties that impact water quality and actions to abate conditions on private properties that do not comply with adopted City standards and/or that interfere with proper stormwater management and have been determined to constitute a public nuisance. E. The professional engineering and management analysis conducted for the City determined that properties within the City service area classified as single-family residential property can be equitably and fairly charged based on a two-tier grouping according to the number of ERUs and parcel area. This method greatly simplified the computation of charges and reduces significantly the costs associated with individually unique parcel measurements. 1. Tier 1. Include all parcels up to 10,000 square feet in size and are assessed one (1) ERU; 2. Tier 2. Include all parcels greater than 10,000 square feet in size and are assessed two (2) ERUs. F. The Mayor and City Council hereby adopt these values as representative of the conditions of single-family residential property in Stockbridge. These values shall serve as the basis on which service rate charges will be calculated. G. Each single-family residential property shall be billed a stormwater service rate charge for the number of ERUs and the whole number of acres of parcel area. H. Tier 1 and Tier 2 parcels are assigned an acreage charge based on the actual acreage to the next whole integer. I. Properties classified as nonresidential shall be billed on the basis of the number of ERUs and acres calculated to exist. Each acre or fraction thereof and ERU or fraction thereof shall be charged a service rate charge at the rate per ERU of impervious area and each acre unit as defined below. J. The method of calculating the service rate charge for all properties shall be as follows: Parcel Fee = (IR) x (ERUs) + (AR) x (AU) + (AF) IR is the impervious area rate as established by this chapter or by amendment to this chapter. It is applied to the number of ERUs rounded to the next whole number. An ERU is defined as two thousand (2,000) square feet of impervious area. AR is the gross area rate as established by this chapter or by amendment to this chapter. It is applied to the number of acre units (AUs) in the parcel rounded to the next whole acre. AF is the administrative cost factor established by this chapter or by amendment to this chapter. The AF is applied as a fixed uniform flat charge to each parcel. K. The annual IR per ERU for the service rate charge applicable to each property shall be fifteen dollars and seventy cents ($15.70) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance. L. The annual AR per AU for the service rate charge applicable to each property shall be zero dollars ($0.00) unless modified to equitably account for special conditions on an individual property, adjusted for a particular property through the appeal process specified in this chapter, or changed hereafter by ordinance. M. The annual base rate charge AF per each billed account shall be three dollars and sixtysix cents ($3.66) unless changed hereafter by ordinance. 17.9.6 Exemp ons and Credits Except as provided in this section, no public or private property shall be exempt from stormwater utility service charges or receive a credit or offset against such service charges. No exception, credit, offset or other reduction in stormwater service charges shall be granted based on the age, tax or economic status, race or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities. A stormwater utility service charge credit technical manual will be prepared by the City's consulting engineers specifying the design and performance standards of on-site systems, facilities, activities and services which quality application of a service charge credit, and how such credits shall be calculated. This manual will be separately approved by the City Council and, by reference, incorporated herein. A. Undeveloped land as defined in this chapter shall be exempt from stormwater service charges. B. Developed land other than individual detached dwelling units, including, but not limited to, mul ple dwelling unit residen al proper es, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, public streets, roads, alleys and byways, parks, recrea on proper es, public and private schools and universi es, research sta ons, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, water reservoirs and water and wastewater treatment plants may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater u lity service charge credit technical manual. The stormwater service charge credit may be up 100 percent (100%) of the service charge applicable to a property, and shall be propor onal to the extent that on-site systems, facili es, services and ac vi es provided, operated and maintained by the property owner reduce or mi gate the stormwater u lity's cost of providing services and facili es. C. Groups of detached dwelling units represented by an incorporated homeowner's associa on providing on-site systems, facili es, services or ac vi es which reduce or mi gate the stormwater u lity's cost of providing services and facili es may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater u lity service charge credit technical manual. The stormwater service charge credit available to groups of detached dwelling units may be up to 100% of the service charge applicable to the individual proper es, and shall be propor onal to the extent that on site systems, facili es, services and ac vi es provided, operated and maintained by the homeowners associa on reduce or mi gate the stormwater u lity's cost of providing services and facili es. D. Any credit allowed against the service charge is condi oned on con nuing compliance with the City's design and performance standards as stated in the stormwater u lity service charge credit technical manual and/or upon con nuing the provision of the systems, facili es, services and ac vi es provided, operated and maintained by the property owner or owners upon which the credit is based. A credit may be revoked by the City at any me for noncompliance. E. In addi on to the foregoing credits based upon the design and performance of on-site systems, an educa onal credit shall be available to all public and private schools or school systems which agree to teach the WATER WISE program, an environmental science curriculum approved by the Georgia Department of Educa on, in grades one (1) through twelve (12). The educa onal credit may be up to 50% of the service charge applicable to a school property, and shall be propor onal to the extent the approved curriculum is taught. Educa onal credits may be taken in conjunc on with any other credit available under this sec on. The superintendent of schools shall cer fy annually to the Stormwater U lity Director, before August 1, the extent to which the curriculum was taught. 17.9.7 Billing, Delinquencies, Collec ons A. Stormwater management utility service charges shall be billed and collected in the manner and at the interval deemed most efficient by the City and shall be payable in accordance with the rules and regulations of the City finance department as applied generally to all bills. A stormwater service charge bill may be sent through the United States mail or by an alternate means notifying the customer of the amount of the bill, the date the payment is due and the past due date. Failure to receive a bill is not justification for nonpayment. Regardless of the party to whom the bill is initially directed, the owner of each parcel of developed land, as shown from public land records of Henry County, shall be ultimately obligated to pay such fee. If a customer is under billed or if no bill is sent, the City may back bill for a period of up to one (1) year, but shall not assess penalties for any delinquency. A one and one-half percent (1.5%) per month late charge shall be billed based on the unpaid balance of any stormwater management utility service charge that becomes delinquent. B. The stormwater service charge may be billed on a common statement and collected with other utility services through separate bills or any other method by which the City could bill property owners. C. Any stormwater management utility service charge or portion of a service charge not paid when due may be recovered in an action at law or equity by the City. D. In addition to any other remedies or penalties provided by the ordinance codified in this chapter or any other ordinance of the City, failure to pay any utility service charge when billed in conjunction with another utility bill may result in a discontinuance of any or all other utility services provided by the City or by other with whom contractual agreements provide for discontinuance of service for nonpayment. The owner of each property, building, premises, lot or house shall be obligated to pay such fee, which shall be enforceable by the City by action at law or equity. E. No lien shall be imposed for delinquent collections unless a judgment is first obtained from a court of competent jurisdiction. F. Suits for collection shall be commenced by the City in the county of the owner's residence; provided, however, if the owner is not a resident of this State, suit may be filed in the Superior or State Court of Henry County, Georgia. If a suit is instituted by the City for collection, the owner shall pay court costs, litigation expenses and reasonable attorney's fees incurred by the City. G. If suit is instituted for the collection of any fees due hereunder or for the enforcement of the provisions of this Chapter, the owner shall pay the court costs, litigation expenses and reasonable attorney's fees associated therewith. 17.9.8 Appeals Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner: A. An appeal must be filed in writing with the City Stormwater Utility Director within 30 days of the action causing the appeal. In the case of service charge appeals, the appeal shall include a survey prepared by a registered land surveyor or professional engineer containing information on the total property area, the impervious surface area and any other features or conditions which influence the hydrologic response of the property to rainfall events. B. Based on the information provided, a technical review shall be conducted by the Stormwater Utility Director and a written determination will be issued within thirty (30) days of receipt of the appeal stating whether an adjustment to the service charge is appropriate and, if so, the amount of such adjustment. The written decision will be served on the appellant personally or by registered or certified mail, sent to the billing address of the appellant, or by email, sent to the email address of the appellant provided in the appeal. C. In response to an appeal, the Stormwater Utility Director may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this Chapter. D. A decision by the Stormwater Utility Director which is adverse to an appellant may be further appealed to the City Manager within thirty (30) days of receipt of notice of the adverse decision. Notice of the appeal shall state the grounds for the appeal. The City Manager shall issue a written decision on the appeal within thirty (30) days of receipt of the appeal. E. If the person or entity seeking adjustment or relief from the service charge desires, the decision of the City Manager may be appealed in writing to the Mayor and City Council, in accordance with Section 11.3, Appeals of Administrative Decisions. Such appeals must be made within 30 days of the decision of the City Manager and include a written basis for the appeal. F. This appeal process shall not interfere with the rights of the person or entity to seek judicial relief in a court of competent jurisdiction but shall be exhausted before judicial relief is pursued. Any appeal to the Superior Court of Henry County must be filed within 30 days of the decision of the Mayor and City Council. G. Notices of the appeal and decisions shall be served personally or delivered by registered or certified mail to the address of record or delivered by or by email to the email address of the appellant provided in the appeal. 17.9.10 Effec ve Date of Stormwater Charges Stormwater service charges shall accrue beginning January 1, 2022, and shall be billed periodically thereafter to customers, except as specific exemptions and credits may apply. CHAPTER 18: GUARANTEES AND SURETIES 18.1 Generally 18.1.1 Surety Required Before plat recordation, land development permit, building permit, or other project close-out, the Director shall certify that the developer/subdivider/applicant has obtained the necessary bonds, other sureties, and/ or agreements that ensure completion of all required public and private improvements on the subject property. 18.1.2 Sureties Accepted Three types of guarantees and sureties shall be provided for as a part of the Final Plat approval and/or development permitting processes in accordance with the provisions herein: A. Performance guarantees. B. Maintenance guarantees. C. Maintenance agreements/inspections. 18.2 Performance Guarantees 18.2.1 Purpose Performance guarantees shall be allowed for required site improvements (public or private) not yet completed at the time a Final Plat or project closeout is desired. Instead of requiring the completion, installation, and dedication of any and all improvements prior to approval of a Final Plat or certificate of occupancy or certificate of completion, the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to complete all required improvements prior to the release of the performance guarantee. 18.2.2 Performance Guarantee Amounts The performance guarantee shall be payable to the City of Stockbridge and shall be in an amount equal to 1.5 times the entire cost, as estimated by the developer or subdivider and verified by the City, of installing all outstanding required improvements. 18.2.3 Duration The duration of the performance guarantee shall be no longer than 12 months for all required improvements, except for roadway improvements, which shall have a duration of four (4) years. The duration for roadway guarantees may be extended beyond four (4) years at the discretion of the City. In all cases, guarantees may be released earlier if the associated improvements are accepted by the City prior to the expiration of the applicable duration. 18.2.4 Financial Security Renewals A. For roadway improvements, the initial financial security shall remain in effect for a period of one (1) year and may be renewed for up to three (3) additional one-year terms, not to exceed a total duration of four (4) years subject to conditions as specified by the City. The developer shall be responsible for maintaining continuous and adequate financial security throughout the duration of the project. B. If, due to unforeseen circumstances, the City determines that an extension beyond four (4) years is warranted, such extension may be granted at the discretion of City. Prior to granting an extension beyond the four-year limit, the developer shall submit a current cost estimate for all remaining work to the City. The City shall review the submitted cost estimate and the remaining scope of work to verify that the existing financial security is sufficient to cover the cost of completing the improvements. If the City determines that the financial security is not adequate, the developer shall be required to provide an additional amount of financial security in a form acceptable to the City to ensure the full completion of the remaining improvements. 18.2.4 Forfeiture Performance guarantee funds shall be forfeited if the required improvements are not completed and accepted by the City within 12 months, or in the case of roadway improvements, at the time of financial security renewal if the developer fails to renew the financial security prior to the completion and acceptance of the improvements. 18.3 Maintenance Guarantees 18.3.1 Purpose Maintenance guarantees shall be allowed for all improvements to be publicly dedicated and/or maintained (e.g.: streets, sidewalks, landscaping) to guarantee the quality and ongoing performance of the installations. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and living condition all applicable improvements prior to the release of the maintenance guarantee. 18.3.2 Maintenance Guarantees Amounts The maintenance guarantee shall be payable to the City of Stockbridge and shall be in an amount equal to 60 percent of the construction value for all public improvements, as estimated by the developer or subdivider and verified by the City. 18.3.3 Duration The duration of the surety shall be for a period of 24 months following the date of approval of a Final Plat or final certificate of occupancy or certificate of completion. 18.3.4 Forfeiture Maintenance Guarantees shall be forfeited if the improvement fails to be kept in good repair and condition prior to the release of the maintenance guarantee. 18.4 Maintenance Guarantees (Stormwater) 18.4.1 Purpose Stormwater maintenance guarantees shall be provided for the ongoing maintenance of stormwater management facilities and features. Prior to approval of a final plat or final certificate of occupancy/completion (CC/CO), the City may enter into a written agreement with the developer or subdivider whereby the developer or subdivider shall agree to maintain in good repair and working order all applicable improvements prior to the release of the maintenance guarantee. 18.4.2 Maintenance Guarantee for Stormwater Facilities Amount The stormwater maintenance guarantee shall be payable to the City and shall be in an amount equal to $5.00 per cubic foot of storage provided by the stormwater management facility, as estimated by the developer or subdivider, and verified by the City. The guarantee shall be accompanied by the appropriate agreements outlined in Section 18.5, Maintenance Agreements/Inspections (Stormwater). 18.4.3 Duration The duration of the surety shall be for a period of 24 months following the date of the approval of a final plat or final certificate of occupancy or certificate of completion. 18.5 Maintenance Agreements/Inspections (Stormwater) 18.5.1 Required for Private Stormwater Facilities Prior to the issuance of any project close-out, final plat, or certificate of completion/occupancy requiring a stormwater management facility or practice hereunder and for which the City requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site. 18.5.2 Agreement, Generally A. Recordation Required. The inspection and maintenance agreement, if applicable, must be approved by the City prior to approval, and recorded in the deed records of the office of the Clerk of the Superior Court of Henry County, Georgia. B. Inspector Required. The inspection and maintenance agreement shall identify, by name or official title, the person(s) responsible for carrying out the inspection and maintenance. C. Owner Responsibility 1. Responsibility for the operation and maintenance of a stormwater management facility shall remain with the property owner and shall pass to any successor owner, unless an agreement with the City is made whereby the City takes ownership of the facility. 2. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance. D. Schedule Required 1. As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice, including their associated landscaping measures. 2. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof. E. City Enforcement. In addition to enforcing the terms of the inspection and maintenance agreement, the City may also enforce all of the provisions for ongoing inspection and maintenance. 18.6 Authorized Guarantee Types 18.6.1 Mixture of Guarantees is Allowed The developer or subdivider shall provide either one, or a combination, of the following guarantees in the amounts and durations specified in this Section 18.6, Authorized Guarantee Types. Any expenses associated with the cost verification by the City shall be paid entirely by the applicant. 18.6.2 Bond Bonds shall be secured from a surety bonding company authorized to do business in the state. The bond shall be payable to the City. 18.6.3 Cash or equivalent security The developer or subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the City or in escrow with a financial institution designated as an official depository of the City. 18.6.4 Escrow Cash or other instrument is deposited in escrow with a financial institution as provided above, then the applicant shall file with the City of Stockbridge an agreement between the financial institution and the applicant guaranteeing the following: A. That said escrow amount will be held in trust until released by the Director and may not be used or pledged by the applicant in any other transaction during the term of the escrow; and B. That in case of a failure on the part of the developer or subdivider to complete said improvements/maintenance, the financial institution shall, upon notification of the City to the financial institution of an estimate of the amount needed to complete the improvements, immediately pay to the City the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the City any other instruments fully endorsed or otherwise made payable in full to the City. 18.7 Default and Forfeiture 18.7.1 Failure to Complete Improvements Upon default, meaning failure on the part of the applicant to complete the required improvements in the time allowed by this UDC, or as spelled out in the performance or maintenance bond or escrow agreement, then the surety, or financial institution holding the escrow account, shall, if requested by the City, pay all or any portion of the bond or escrow fund to the City up to the amount needed to complete the improvements or maintenance based on an estimate by the City. 18.7.2 Notification of Default A. Notification may take place following abandonment of the project for more than 90 continuous days. Upon payment, the City, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The City shall return to the applicant any funds not spent in completing the improvements. B. The City will provide written notice to the applicant or responsible party of bond default 30 days prior to the abandonment of the project. C. The wri en no ce of no fica on shall at least contain the following informa on: a. The name and address of the applicant or responsible party; b. The name and address of the surety company, if applicable; c. The address or other descrip on of the site; d. A descrip on of the outstanding improvements that are required to be completed; and e. The deadline or comple on date of any required improvements D. If the applicant has not completed the required improvements by the required deadline or comple on date, the bond shall be defaulted. E. An aggrieved party may appeal by filing a written notice of appeal, as provided in Chapter 11, Variances and Appeals. 18.8 Release of Surety 18.8.1 Inspection and Acceptance Required The City may release a portion of any security posted as the improvements are completed or the maintenance period completed and approved by the Director. When the Director approves said improvements, the Director shall inspect the premises, and if work is found to be completed and satisfactory in accordance with ordinance regulations and approved plans, the Director shall release the portion of the security posted which covers the approved cost of the improvements and maintenance of satisfactorily completed work that was subject to the security. It shall be the responsibility of the applicant to petition the City for release of guarantees and sureties and to warrant that all improvements subject to the guarantee or surety have been completed to fulfill the requirements of this UDC. CHAPTER 19: ACRONYMS AND DEFINITIONS 19.1 Acronyms Acronyms: AASHTO – American Association of State Highway Transportation Officials ADA – Americans with Disabilities Act ADU – Accessory Dwelling Unit AMI – Area Median Income Avg – Average BMP—Best management practices (i.e. BMP plan) BTL—Build-to line CC – Certificate of Completion CLOMA—Conditional letter map of amendment CLOMR—Conditional letter of map revision CO – Certificate of Occupancy CPESC – Certified Professional in Erosion and Sediment Control CSD—Conservation subdivision development DBH—Diameter at breast height DCA—Department of community affairs DHR—Department of human resources DNR—Department of natural resources DRI – Department of Regional Impact EPA – Environmental Protection Agency FAA—Federal Aviation Administration FCC—Federal Communications Commission FEMA—Federal Emergency Management Agency FHBM—Flood hazard boundary map FIRM—Flood insurance rate map FIS—Flood insurance study GSMM—Georgia Stormwater Management Manual HCWSA—Henry County Water and Sewer Authority HPB—Historic preservation board HVAC—Heating, ventilation, and air conditioning ICWPA—Indian Creek Watershed Protection Area LIA—Local Issuing Authority LBCS—Land based classification standards LBWPA—Long Branch Creek Watershed Protection Area MCC—Mayor and city council MNGWPD—Metropolitan North Georgia Water Planning District MRPA—Metropolitan River Protection Act NEPA – National Environmental Policy Act NGVD—National Geodetic Vertical Datum NOI—Notice of Intent NOT—Notice of Termination NPDES – National Pollutant Discharge Elimination System NWI—National Wetland Inventory O.C.G.A.—Official Code of Georgia Annotated OHSA – Occupational Safety and Health Administration PC—Planning commission PD—Planned development PODS – Portable on-demand storage units RFN—Residential fly-in neighborhood RNC—Rural neighborhood commercial ROW—Right-of-way RPZ—Runway protection zone RV—Recreational vehicle SF or Sq. Ft. – Square Feet WCF—Wireless communication facility WPA—Watershed protection area 19.2 Defini ons For the purposes of this unified development code in addition to their common meanings certain words and terms used herein, unless the context otherwise requires, shall be defined and interpreted as follows. The use of the singular includes the plural and the plural the singular; the present tense includes the future; the use of "shall" means the action is mandatory, the use of "may" or "should" means the action is optional. Any masculine pronoun shall be deemed to refer to a person, whether male or female. To the extent the definition of a term defined herein conflicts with the definition of such term as defined in Merriam-Webster's Dictionary, the definition in the existing Stockbridge Municipal Code shall govern. All terms not defined herein shall be defined within the Merriam-Webster's Dictionary. Terms not found in the Stockbridge Municipal Code shall be defined as in the Official Code of Georgia Annotated. A "Abandoned cemetery" means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery. "Abandonment" means the relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with neither transferring rights to the property to another owner nor of resuming the use of the property. “Abatement” means the method of reducing the degree and intensity of pollution, nuisance, or identified area of non-compliance with this Development Code. “Absorption” means the penetration of one substance into or through another; or, the length of time it takes for a product or real estate to be sold or rented. “Abut” means to physically touch or border on; or to share a common property line but not overlap. “Acceleration lane” means an added roadway lane that permits integration and merging of slower moving vehicles into the main vehicular stream. “Access” means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. “Access management plan” means a plan showing the design of access upon a lot. It involves planning for the entry and exit of traffic on major roads in such a way as to keep interference with traffic flow to a minimum and maximize public safety. “Access permit” means a permit issued by the appropriate governmental agency for the construction, maintenance, and use of a driveway or public street connecting to a highway. “Accessible design” means accessible generally means that environments, objects, and systems meet prescribed requirements for accessibility for people with disabilities. “Accessible route” means a continuous, unobstructed path connecting all accessible elements and spaces of a building or facility. "Accessory equipment" means any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or other structures. "Accessory structure" means a structure which is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or principal use, and does not alter or change the character of the premises; is located on the same lot as the primary building, structure, or use. "Accidental discharge" means a discharge prohibited by this Chapter which occurs by chance and without planning or thought prior to occurrence. “Acre” means a measure of land containing 43,560 square feet. “Activity center” means a community focal point providing for the combination, rather than scatteration, of general retail, service, commercial, professional office, higher density housing, and appropriate public/quasi-public uses. “Adaptive reuse” means the development of a new use for an older builder or for a building originally designed for a special or specific purpose. "Addition to an existing building" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered new construction. “Adjoining lot or land” means a lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. See “Abut”. "Administrative variance" means a grant of relief by the administrator from specified standards of the unified development code and where such a waiver will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. "Administrator" means the individual or group responsible for the implementation and enforcement of the ordinance. The Community Development Director, or their designee, shall be the administrator for the zoning ordinance. "Adult day care" means a facility that provides support for elderly individuals (and their families, if present), who do not function fully independently, but who do not need twentyfour-hour nursing care. "Adult entertainment establishment" means any establishment featuring live performances, films, still pictures, electronic reproductions, or video with graphic or other visual images distinguished or characterized by an emphasis on sexual conduct or sexual explicit nudity. Adult entertainment establishments include, but are not limited to, adult bookstores, adult dance establishments, adult motion picture arcades, adult movie theaters, and adult video stores. “Adverse impact” means a condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities. Adverse impacts usually related to circulation, erosion, drainage, potable water, sewage collection and treatment, but may also relate to lighting and glare, aesthetics quality of life, and environmental impact. "Aerial view sign" means any sign which is designed primarily to be viewed from above, rather than the standard grade of the ground, vehicles, and local buildings. Aerial view signs may be mounted on roofs or on the ground, but are generally installed in a manner that is not conducive to being interpreted in the immediate ground-level vicinity. “Affordable housing” means housing with sales price or rent within the means of a low-, middle-, or moderate-income household as defined by state or federal legislation. Not necessarily the same as subsidized housing. "Aggregate sign area" means the total area of all signage on a particular lot. “Aggrieved person” means a person, organization, or entity with a direct, substantial, and legally protectable interest in land or property that may be adversely affected by a decision or determination under this Code. “Agrarian” means relating to the use of land for agriculture, particularly the cultivation or growth of a field or horticultural crop, including dairying, livestock, and poultry raising. “Agricultural building” means a structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown or raised on the premises. “Agricultural land, prime” means land that qualifies for a rating as Class I in the US Department of Agriculture (USDA) Soil Conservation Service land-use capability classification. "Agriculture" means cultivating the soil, producing crops and raising of livestock (farming, and associated activities) upon one (1) or more tracts of land containing not less than three (3) acres. Selling of products raised on the premises shall be considered a permissible activity; provided, that space for the off-county right-of-way parking is available to customers. “Agricultural services” means establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary and other animal services, and farm labor and management services. “Agri-tourism” means agricultural uses such as farms, ranches, and vineyards, that, through promotion and advertising, facilities, and activities seek to attract visitors and guests. Also includes agri-tainement. Events and activities, such as mazes, hayrides, and petting zoos, that allow for recreation, entertainment, and tourism in conjunction with agricultural support and services directly associated with ongoing agricultural activity on-site. Examples of agritourism include dinner on the farm where paid meals are prepared for members of the public from products of the farm, roadside markets, winery, agricultural craft and gift sales, garden and nursery sales, and special events. "Aircraft" means any vehicle used or designed for flight in the air. "Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft. The term may include facilities for refueling, repair, handling, and storage of aircraft or facilities for passengers and freight. "Alleys" or "alleyways" means a private alley located in the rear of residential uses that provides residents with vehicular access to their residences. Alleys shall be maintained by the adjoining property owners, homeowners' associations or condominium/apartment associations. Alleys shall be constructed to meet the following requirements: Private alleyways shall be a minimum of eighteen (18) feet in width and sixteen (16) feet thereof shall be paved with concrete or asphalt. Concrete alleys shall be reinforced and have a minimum depth of six (6) inches with appropriate base. Asphalt alleys shall consist of a minimum of two (2) inches of type "E" or "F" asphalt topping, binder, and six (6) inches of graded aggregate base. Private alleys, at a minimum, shall be constructed to provide adequate turning radii onto public streets, driveways, residential parking garages and carports for full-size, noncommercial, two-axle vehicles. Curbs and gutters are not required. Private alleyways shall not have dead ends but, in limited circumstances and upon specific approval by the city, may have cul-de-sacs where the alley serves a small number of residences or the topography of the land makes an exit impracticable. "Alteration" means a change in size, shape, character, occupancy or use of a building or structure. "Alteration, structural" means any change in the supporting elements of a building such as bearing walls, columns, beams, or girders. "Amendment" means any repeal, modification, or addition to a regulation; or any new regulation. "Amenities" means the area(s) set aside for active and passive recreation for the residents inside the development according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas, and other facilities for sports activities. "Amenity area" means the area(s) set aside for active and passive recreation for the residents inside the PTD (or for the public) according to the standards set forth herein. Recreation areas may include passive areas, such as trails, picnic areas, or parks with landscaping providing no facilities for active sports; and active areas, with ball fields, soccer facilities, swimming areas and other active recreational facilities. “Americans with Disabilities Act (ADA)” means a 1990 federal law designed to bring Americans with disabilities into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services. "Amphitheater" means an open-air venue used for entertainment, performances, and sports. An amphitheater is a circular or oval open-air venue with tiered seating surrounding a central open area, while a theater can be either indoor or outdoor and is designed for performing arts. "Amusement park (outdoor or indoor)" means land designed to be used by the public for a fee that contains amusement facilities, such as merry-go-rounds, race car and bike tracks, outdoor motion picture theaters, paint ball courses, driving ranges, miniature golf courses, skateboard rinks, and similar uses for entertainment. “Animal hospital” means a Facility for the medical treatment and temporary boarding of domestic animals operated under the supervision of a licensed veterinarian. “Animal kennel” means any structure or premises in which animals are boarded, groomed, bred, or trained for commercial gain. “Animal shelter” means a facility used to house or obtain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, established humane society, animal welfare society (such as the Society for the Prevention of Cruelty to Animals), or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. "Animated sign" means a sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, hand-powered, or electronic means, including wind-activated elements such as spinners and aerial devices, to depict action or create a special effect or scene. “Annexation” means the incorporation of land area into an existing community with a resulting change in boundaries of that community. “Antique shop” means a store or shop for the sale of relics, works of art, furniture, or decorative objects made at much earlier time period than the present. "Apartment" means a type of multifamily dwelling, with private bath and kitchen facilities or combination living space and commercial building, arranged, intended, designed, or occupied on a rental basis. "Apartment building" means a type of multifamily dwelling arranged, intended, designed, or occupied on a rental basis. "Appeal" means a request for a formal review of an appointed administrative official's decision regarding provisions of this unified development code. "Applicant," means a person submitting an application and plan for approval. “Application for development” means the application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review and approval purposes. "Approach surface" means the area longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. “Approved plan” means a plan that has been granted final approval by the appropriate approving authority. “Approving authority” means the agency, board, group, or other legally designated individual or agency that has been charged with the review and approval of plans and applications. "Arcade" means a roofed passageway, lane, or area supported by columns, piers, or pillars, either freestanding or attached to a wall to form a gallery contiguous to a street or plaza that is open provides public access to building entrances, retail space and/or public space and is accessible to the public. An arcade may be especially one (1) with shops on one (1) or both sides or a commercial establishment featuring rows of coin-operated games. "Arch" means a structure forming the curved, pointed, or flat upper edge of an open space and supporting the weight above it, as in a bridge or doorway. “Architectural projections” means building projections that are permitted to intrude into the required front, rear, and side yards. "Area of future-conditions flood hazard" means the land area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (one hundred-year future conditions flood). "Area of shallow flooding" means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent (1%) or greater chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" means the land area subject to a one percent (1%) or greater chance of flooding in any given year. This includes all floodplain and floodprone areas at or below the base flood elevation designated as zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM). "Art studio" means an area in a building used for creation, production, rehearsal, study or teaching of any visual art or craft, including, but not limited to, painting, drawing, graphic design, photography, video, film, sculpture and pottery; written works of fiction or nonfiction; or any performing art, whether for live or recorded performance, including music, dance and theater. "Artist studio" may include performance space related to classes taught on-site and recording studios; a studio for artisan related crafts, such as small scale metalworking, glassblowing, furniture making, pottery, leather craft and similar activities. "Artist studio" may also include accessory sales of art produced on the premises. "Artist" means a person who practices one (1) of the fine arts, design, graphic, musical, literary, computer, or performing arts; or a person whose profession relies on application of these skills to produce a creative product. The term includes, but is not limited to, individuals who practice visual arts, such as painters, print makers, illustrators, sculptors, potters, jewelry makers, glass makers, craft artists and photographers; performing arts, such as musicians, composers, playwrights, choreographers and dancers; literary arts, such as creative writers and literary translators; architecture and design, such as architects, landscape architects, engineers, urban designers and planners, interior designers and decorators, industrial designers, graphic designers and fashion designers; and media arts, such as filmmakers, video and audio artists and web-based designers. "As-built plan" means a plan and supporting documentation which describes a particular site after construction has been completed. This plan should indicate all structures, hard surface features, utilities, landscaping areas, tree preservation zones, and tree replacement areas. "Assisted living facility" means a state-licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services within independent living units which could include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals. This use shall not include hospitals, convalescent centers, nursing homes, hospices, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. "Athletic field" means open land used for outdoor games such as baseball, football, soccer and other field sports. "Authority" means the Henry County Water and Sewerage Authority or the Clayton County Water Authority. "Automobile sales" means the use of any building, land area, or other premise for the display and sale of new or used automobiles, generally, but may include light trucks or vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use. An automobile service station is neither a repair nor a body shop. "Automobile service station" means a building or premises where products necessary for automobile service or maintenance are sold; provided, there is no storage or dismantling of automobiles and only minor services are rendered. "Automotive service, major" means repair services to motor vehicles which require substantial replacement and/or repair of major components. Examples of major automotive repair services include, but are not limited to, transmission repairs/replacement, engine overhaul and radiator repair. Any repair services to construction equipment, agricultural equipment, commercial highway tractors, or dump trucks shall be considered major automotive services. "Automotive services, minor" means repair and maintenance services which require only very brief adjustment and replacement of minor components. Examples of minor automotive services include, but are not limited to, tune-up, oil change, lubrication, brake repair, air conditioning system servicing, muffler replacement and alignment. B “Back-to-back lots” means separate land parcels that have at least half of each rear lot line coterminous. "Banner sign" means a sign made of flexible materials and supported along one or more sides or at two or more corners by one or more fixed, rigid sup ports, such as poles or rods. “Bar” means an establishment in which alcoholic beverages are served for on-site consumption, primarily by drink. Synonym Tavern. “Barn” means a large farm building used for storing grain, hay, or straw, or housing livestock or storing equipment. See: Agricultural Building. “Base flood” means the minimum magnitude flood to be used by a community as a basis for its floodplain management regulations; presently required by regulation to be that flood which has a one-percent change of being equaled or exceed in any given year. "Base flood elevation" means the highest water surface elevation anticipated at any given location during the base flood. "Basement" means that portion of a building that is partly or completely below grade where the finished floor level of the floor above the level under construction is: (1) Six (6) feet or less above the grade plan. (2) Six (6) feet or less above the finished ground level for more than fifty percent (50%) of the total building perimeter. (3) Twelve (12) feet or less above the finished ground at any point. "Bed and breakfast facility" means a private residence that offers sleeping accommodations to lodgers in six (6) or fewer rooms for rent, in the owner or operator's principal residence while renting rooms to lodgers, and serves breakfasts at no extra cost to its lodgers. For the purpose of this definition, a lodger means a person who rents a room in a bedand-breakfast establishment for fewer than thirty (30) consecutive days. "Bedroom" means a room that has a closet. "Bench sign" means a sign applied or affixed to a seat, bench, or other piece of street furniture. “Berm” means an earthen structure used as a screening device in conjunction with the planting of grass, shrubbery and trees. "Best management practices" means a collection of structural practices and measures written by a state agency or other known authority which, when properly designed, installed and maintained, will prove effective in the areas of erosion and sedimentation control, silviculture, stormwater, etc. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b). "Best management practices plan (BMP plan)" means a plan consisting of a wide range of management procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. "BMP landscaping plan" means a design for vegetation and landscaping that is critical to the performance and function of the BMP, including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific). “Bicycle (bike)” means a device propelled solely or in part by human power having tow or more wheels in tandem, including children’s bicycles, except a toy vehicle intended for use by young children, such as a tricycle. “Bicycle lane” means a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, and special pavement markings or signing for the preferential use by bicyclists. The minimum viable width for Bicycle Lane is five feet and traffic flow is one-way. “Big box store” means a large, freestanding, single-story retail store, of generally more than fifty thousand square feet, and usually part of a regional or national chain. “Bike lane” means a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, and special pavement markings or signing for the preferential use by bicyclists. The minimum viable width for a Bicycle Lane is five feet and traffic flow is one-way. “Bike path” means (1) a facility that is paved or unpaved and physically separated from motorized vehicular traffic by an open space or barrier; (2) a designated right-of-way for bicycles, separated from pedestrian and motor vehicles. “Bike route” means a segment of road designated by the jurisdiction having authority, with appropriate directional and informational markers, but without striping, signing, and pavement markings for the preferential or exclusive use of bicyclists. "Billboard" means freestanding sign, supported by one or more poles, with an area of greater than seventy-two (72) square feet, for the purposes of advertising to travelers upon major roadways and interstates. “Biomedical waste” means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses, chemotherapy waste, and discarded medical equipment and parts. “Blank wall” means an exterior building wall with no openings and generally constructed of a single material, uniform texture, and on a single plane. “Blighted area” means an area characterized by deteriorating and/or abandoned buildings; inadequate or missing public or community services; and vacant land with debris, litter, lack of utilities, accumulation of trash and junk and impacted by adverse environmental nuisances, such as odor, noise, and heavy traffic. "Block" means an area of land within a subdivision that is entirely surrounded by streets, public lands, rights-of-way, watercourses, or other well-defined and fixed boundaries. (Blocks are illustrated in figure A.1.) "Boarding and/or rooming house" means a building dedicated to and used for the lodging and/or feeding, for compensation, of up to six (6) non-transient persons, unrelated by blood or marriage to the owner or operator of the house, and where renting individuals are also served with meals prepared in one (1) kitchen by the owner or operator of the house, as defined herein. Foster children placed in a family home, a community residential home with six (6) or fewer residents, a nursing home, or a personal care home shall not be established as a boarding and/or rooming house. "Body shop" means a building or location where motor vehicle repair and/or replacement are performed, including, but not limited to, painting and metal fabrication of motor vehicles bodies or structures. A body shop is a major automotive service. "Boutique hotel" means a facility not exceeding sixty (60) rooms and where overnight accommodation for less than thirty (30) days are provided for compensation. The building shall have interior design compatible with the area in which the hotel is located. The boutique hotel shall provide guests with high quality services, such as, but not limited to, concierge, on-site restaurant, room service, meeting space, business center, banquet facilities, spas, doormen, valet parking, boutiques and/or other amenities. Guest rooms within the building shall contain no equipment for food preparation other than a mini-fridge and/or microwave. There shall be no self-serve laundry facilities (for guests use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels. “Brewpub” means a restaurant that prepares handcrafted natural beer intended for consumption on the premises as an accessory use. "Breezeway" means a roofed, often open, passageway connecting two (2) buildings or halves of buildings. In residential zoning districts the maximum length of a breezeway that is used to incorporate a new structure as part of the principal building is not to exceed twenty (20) feet and the minimum width is to be four (4) feet. The breezeway is to connect each building at an exterior door. “Broadcasting station” means room(s) or suite operated as a radio or television broadcasting station or station with local broadcast capabilities intended for satellite distribution of programs. "Buffer" means a natural and/or enhanced vegetated landscaped area of a lot located and/or established. A buffer is maintained and created with the intention to visibly separate different and possible incompatible types of uses, measured from the common property line of the different uses, to shield or block noise, light, glare, or other nuisances, or the area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat within a water supply watershed adjacent to reservoirs or perennial streams. (1) "Natural/undisturbed buffer" means land area in which there is no disturbance including, but not limited to, removal of understory trees or vegetation, except for maintenance or removal of hazardous and/or invasive trees and plants, or for approved perpendicular access and utility crossings. Existing vegetation may qualify to be a natural buffer, if sufficient vegetation exists within the required buffer width, the vegetation can be fully protected during construction, and the existing vegetation can be proven to be substantially similar to the required plantings of a new buffer and/or is sufficiently visibly dense to be accepted by the city as equivalent to a planted buffer once mature. (2) "Enhanced natural buffer" means land area where an existing natural buffer is found to be inadequate and therefore requires additional vegetative screening. No disturbance is allowed except for maintenance or removal of and/or invasive trees and plants, or for approved perpendicular access, utility crossings and the addition of vegetative screening. (3) "Maintained landscape buffer" means land area in which grading is allowed and revegetation to a buffer is required specific to a zoning case. Buffer must be replanted but also maintained per approved landscape plan and not allowed to revert to a natural/undisturbed buffer. (4) "Stream buffer (State)" means "The area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat." The definition of stream buffer is governed by Georgia law, O.C.G.A. § 12-7-1. (5) "Stream buffer (local)," with respect to a stream, means a natural or enhanced vegetated area lying adjacent to the stream. (6) "Structural buffer" means a buffer that creates a visual screen through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one (1) side to the other throughout the year. (7) "Zoning buffer" means a buffer required by the zoning ordinance or as a condition of zoning, special use or variance approval for a specific property. "Buffer strip" means land area located within the boundary of a lot required to be set aside and used for landscaping and upon which only limited encroachments are authorized. "Build-to line" means the line at which construction of a building facade is to occur on a lot. A build-to line runs parallel to the front property line and is established to create an even (or more or less even) building facade line on a street. "Buildable area" means the portion of a lot which is not located within any minimum required yard, landscape strip/area or buffer; that portion of a lot wherein a building or structure may be located. "Building" means any structure attached to the ground with a roof, designed and built for support, shelter, storage, or enclosure for occupancy by persons or animals. (1) "Accessory building" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory. (2) "Building addition" means any walled and roofed expansion to the perimeter of a building which is connected by a common load-bearing wall other than a firewall. (3) "Building frontage" means the linear feet of the exterior wall of a building that faces any road or street that provides a means of direct ingress and egress to the lot. (4) "Building permit" means the permit required for new construction, completion of construction, or an interior finish pursuant to the applicable building code. As used herein, the term shall not include permits required for remodeling, rehabilitation, or other improvements to an existing structure provided there is no increase in the demand placed on those public facilities as defined herein. (5) "Elevated building" means a non-basement building constructed with the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. (7) "Principal building" means the building or structure in which the primary use permissible on the lot is conducted. In RR (less than two (2) acres or a platted subdivision), SR, CCR, MFR, and MHR residential zoned districts a dwelling shall be deemed to be the principal building on the lot. A structurally independent garage, carport or other structure may be attached to the principal buildings by a roofed breezeway which shall cause the entire structure to be construed as part of the principal building and shall be subject to the sections applicable to the principal building or structure. A detached and structurally independent carport, garage or other structure shall conform to the requirements of any accessory building. "Building envelope" means the area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal buildings must be located. "Building height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. "Built environment" means the elements of the environment that are generally built or made by people as contrasted with natural processes. "Burial ground" means an area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. “Business day” means a calendar day on which the offices of the City are open for normal business, excluding Saturdays, Sundays, and legal holidays observed by the City. "Business frontage" means that portion of a building frontage occupied by a single tenant space having a public entrance within the building frontage. C “Café” means a small restaurant primarily serving coffee drinks and light meals, sandwiches, and/or deserts and which often includes an outdoor seating area and provides table service indoors and out. “Cafeteria” means a restaurant in which patrons wait on themselves, carrying their food from counters, where it is displayed and served, to their tables. "Caliper" means a standard of trunk measurement for understory or replacement trees. Caliper inches are measured at the height of six (6) inches above the ground for trees up to and including four (4) inch caliper and twelve (12) inches above the ground for trees larger than four (4) inch caliper. “Campground” means a plot of ground on which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes. Temporary living quarters shall herein be meant to not last longer than 14 continuous days. “Canopy, fuel station” means a protective covering or a roof like structure that is free standing, for protection from the elements, not for human habitation, but affixed permanently to the ground. All canopies shall be located at least 15 feet from any public rights-of-way. "Canopy roofed structure" means a roofed structure that covers an area, or especially one that shelters a passageway between two (2) buildings. "Canopy sign" means any sign on a cloth, metal, plastic, or other cover designed to shade or shelter a window or entrance of a building or structure. "Canopy tree (large tree or shade tree)" means any tree, evergreen or deciduous, whose mature height can be expected to exceed 40 feet and whose crown spread can be expected to exceed 30 feet. Shade trees for landscaping industrial, commercial, office-institutional, multifamily residential and mobile home zoning developments, existing or planted, shall be at least eight (8) feet in height and two (2) inches in diameter, measured at six (6) inches above grade for new trees and measured at four and one-half (4½) feet above grade for existing trees. Examples include Red Maple, Sycamore, English Oak, Willow Oak, Loblolly Pine, or trees of similar stature. "Capital improvement" means an improvement with a useful life of ten (10) years or more, by new construction or other action, which increases the service capacity of a public facility. "Capital improvements element" means that portion of the City of Stockbridge comprehensive plan that sets out projected needs for system improvements during the planning horizon established therein, which provides a schedule that will meet the anticipated need for system improvements, and which provides a description of anticipated funding sources for each required improvement, as most recently adopted or amended by the mayor and city council. "Care home" means a care facility where personal care services are provided to more than six (6) nonfamily adults. See "personal care home" definition for permitted services and other requirements. "Carport" means any parking space(s) having a covered roof but not enclosed by walls and is an accessory structure to a dwelling unit. Carports shall not include any parking structures. “Car wash” means an establishment engaged in the business of washing, cleaning, or the interior detailing of vehicles. "Cemetery" means any land or structure in the City of Stockbridge dedicated to and used, or intended to be used for interment of the dead. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium or a combination of one (1) or more thereof, and including chapels or churches when operated in conjunction with and within the boundaries of such cemetery. “Certificate of Appropriateness” means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district. "Certificate of occupancy" means a document issued by the director indicating the use of a particular building or land which conforms to the requirements of this unified development code. "Certified personnel" means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. "Changeable copy sign" means a sign with the capability of copy change or rearrangement by means of manual, remote, or electronic input upon which changeable letters may be placed, without altering the face or the surface of the sign. “Change of use” means (1) a change from one use classification in the zoning ordinance to another use classification; (2) any use that differs substantially from the previous use of a building or land. "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. “Character” means special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest / individuality. "Charging" occurs when the connector from the EVSE (or standard outlet) is inserted into the EV inlet, and electrical power is being transferred for the purpose of recharging the battery on board the EV. "Charging levels" means the standardized indicators of electrical force, or voltage, at which an EV's battery is recharged. EVSE is classified into categories by the rate at which batteries are charged: AC Level 1; AC Level 2; and DC Fast Charging. “Childcare center” means an establishment providing for the care, supervision, and protection of children. "Church or other place of worship" means a building used for public worship including temples, synagogues and related Sunday school or church facilities. "Cigar bar/lounge" means an establishment that caters to patrons who smoke cigars. May serve food and alcohol in accordance with the alcohol ordinance. "City" means the City of Stockbridge, Georgia. "City's separate storm sewer system" means any facility designed or used for collecting and/or conveying stormwater, including, but not limited to, any roads with drainage systems, highways, City streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and manmade or altered drainage channels, reservoirs and other drainage structures, and which is: 1. Owned or maintained by the City; 2. Not a combined sewer; and 3. Not part of a publicly owned treatment works. "City street" means a street which is owned and/or maintained by the City of Stockbridge. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. "Clearing/clear cutting" means the broad removal of all trees and/or vegetation from an area. "Clinic" means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) physician or dentist or a group of physicians or dentists practicing medicine. "Club" means a building or facilities owned or operated by and for special educational or recreational purposes, but not primarily for a profit or to render a service that is customarily carried on for a gain. "Coastal marshlands" shall have the same meaning as in O.C.G.A. § 12-5-282. “Coffeehouse” means an establishment that serves primarily prepared coffee or other hot drinks as well as light snacks. “College” means an institution of higher education and research that provides undergraduate or graduate degrees. "Commercial drone delivery hub" means an area of land, structural surface, building, or structure with one (1) or more designated drone staging areas for use by unmanned aircraft, to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system (UAS) buildings, structures, and other facilities. "Commercial vehicle" means a vehicle whose gross vehicle weight rating (GVWR) is over twenty-six thousand (26,000) pounds, or a trailer with a gross vehicle weight rating of over ten thousand (10,000) pounds, including commercial tractor-trailers, dump trucks, wreckers, and earth-moving equipment. Agricultural vehicles and equipment and school buses shall be excluded from this definition. "Common area" means land within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. Common area may include complementary structures and improvements. “Common open space” means land within a Tiny House Village Development that is designated and permanently reserved for the common use and enjoyment of the residents of the development. Common open space may include landscaped greens, plazas, community gardens, walking trails, playgrounds, community buildings, seating areas, recreational amenities, and similar improvements. Required yards, parking areas, public or private streets, drive aisles, utility easements, and stormwater management facilities shall not be considered common open space unless expressly approved by the City. "Compatibility" means the characteristics of different uses, activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include the following: Height, scale, mass and bulk of structures, pedestrian or vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise, odor and architecture. "Completion of construction" means the issuance of the final certificate of occupancy by the appropriate governmental jurisdiction. The date of completion is the date on which such certificate is issued. "Comprehensive plan" means the City of Stockbridge plan or planning elements as adopted or amended in accord with the State of Georgia Minimum Standards and Procedures for Local Comprehensive Planning. "Comprehensive Planning Act" means O.C.G.A. § 50-8-1 et seq. and the Minimum Standards and Procedures for Local Comprehensive Planning as adopted by the Georgia Board of Community Affairs. “Concept plan” means a schematic or conceptual design for land development, prepared for informal review purposes, that carries no vesting rights or obligations to any party. "Condemnation" means the taking of private property by a government unit for public use, when the owner will not relinquish it through sale or other means; the owner is compensated by payment of market value. The power to take the property is based on the concept of eminent domain. "Condition of approval" means stipulations or provisions that are provided above and beyond the minimum requirements that are set forth as a prerequisite for the approval of an application. "Conditional use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A conditional use is permanent in nature. "Condominium" means the ownership in fee simple title of a single unit in a multifamily family dwelling and an undivided ownership interest, in common with other owners of the common elements of the structure, including the common areas of land and its appurtenances. "Confined animal feeding operation" means a building or fenced enclosure designed and used for holding or fattening of animals in preparation for market. It does not include the pasturing of animals at densities recommended by the best management practices of the Georgia Department of Agriculture as follows: Horses—one (1) per forty-three thousand five hundred sixty (43,560) square feet (one (1) acre); cows—one (1) per forty-three thousand five hundred sixty (43,560) square feet; sheep or goats—one (1) per twenty thousand (20,000) square feet; fowl—twenty (20) per forty-three thousand five hundred sixty (43,560) square feet. "Conical surface" means the surface that extends outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet. "Conservation easement" means an agreement between a land owner and the City of Stockbridge or other government agency or land trust that permanently protects open space or greenspace on the owners land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership. "Construction" means any site, preparation, assembly, erection, substantial repair, alteration or similar action but excluding demolition, for or of public or private right-of-way, structures, utilities or similar property. "Construction activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition. "Construction buffer" means a type of buffer which is temporary and remains in effect during the construction of a project. "Construction standard drawing" means the construction standards manual utilized by the City of Stockbridge and related drawings for public improvements. "Cooking facilities" means any device used in the preparation of food, including range, ovens, cook-top surface units, refrigerators, electric warming irons or hot plates, microwave ovens, coffee makers, toaster ovens, and other similar small electric appliances, freezers separate from or not included within a refrigeration unit are not included in this definition. "Copy" means the graphic content or message of a sign. "Cornice" means the uppermost horizontal molded projection or other uppermost horizontal element located at the top of a building or portion of a building. "Corridor" means a street, roadway, river or other linear element connecting major sources of trips that may contain a number of streets, highways, and transit route alignments. A corridor is also defined as all land within the buffer areas established adjacent to reservoirs or perennial streams within a water supply watershed. “Cottage Home” means a detached single-family dwelling of compact residential design, constructed on a permanent foundation, that is larger than a Tiny House and intended for permanent residential occupancy within a Cottage Home Village or mixed Tiny House and Cottage Home Village Development. A Cottage Home shall contain not less than one thousand (1,000) square feet and not more than one thousand two hundred fifty (1,250) square feet of heated habitable floor area, excluding attached porches, garages, and accessory structures. “Cottage Home Village Development” means a residential development consisting of multiple Cottage Homes, or a combination of Tiny Houses and Cottage Homes, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.12 of this UDC. “Cottage Court” means a residential development consisting of a group of small detached dwelling units oriented around a shared common open space and developed under a unified site design. "County." The use of the word "county" shall mean Henry County unless otherwise specified. "County street" means a street which is owned and/or maintained by Henry County. "Covenant, protective" means a contract entered into between private parties which constitute a restriction on the use of a particular parcel of property. "Covenant, restrictive" means private contracts entered into between the developer and purchaser(s) which constitute a restriction on the use of all private property within a development for the benefit of property owners, and provide a mutual protection against undesirable aspects of development which would tend to impair stability of values. "Credit" means a conditional reduction in the amount of a stormwater service charge to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site stormwater system or facility or the provision of a service or activity by property owner, which system, facility, service or activity reduces the stormwater utility's cost of providing stormwater services and facilities. Credits for on-site stormwater systems shall be generally proportional to the effect that such systems have on the peak rate of runoff from the site. "Critical root zone" means the minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient critical root zone (CRZ) and will typically be an area represented by a circle centered on the tree's trunk with a radius equal to one (1) foot per one (1) inch of trunk diameter at breast height (DBH). Example, a twelve-inch diameter tree at breast height (12 inches DBH) would have a 12 foot radius circle (twenty-four-foot diameter circle) which represents the critical root zone (CRZ). "Cross access easement" means a limited right to make use of a property owned by another to gain access to another property; a right-of-way across the property. “Curb” means a stone, concrete, or other improved boundary marking the edge of a roadway or paved area. “Curb cut” means provision for vehicular ingress or egress connecting land or property to an abutting street. "Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation. “Customary home occupation” means an incidental land use that is permitted within a primary dwelling or an accessory structure upon a lot, which complies with all standards applicable in this UDO. "Customers of the stormwater management utility" includes all persons, properties and entities served by and/or benefiting from the utility's acquisition, management, maintenance, extension and improvement of the public stormwater management systems and facilities and regulation of public and private stormwater systems, facilities and activities related thereto, and persons, properties and entities which will ultimately be served or benefited as a result of the stormwater management program. D “Damage, substantial” refers to any change to a structure which impairs its value, usefulness, or normal function. For the purposes of this UDO, substantial damage shall occur when the cost of restoring the structure would equal or exceed 50% of the market value of the structure before the damage occurred. "Dance studio" means a facility designed and used for the professional instruction and rehearsal of dance, including, but not limited to, ballet, tap, jazz, contemporary, ballroom, hiphop, and other forms of dance that do not include adult erotic dancing. Workshops, private lessons, and classes can all be offered. "Day care facility/center for children, day care center for youth, nursery schools and kindergarten schools; and a day care center for adults" means a firm, partnership, corporation, individual, or other business entity providing care for more than six (6) children or adults, not related by blood or marriage, or not the legal wards or foster children of the attendant adult or adults when conducted in a principal structure or within a church or school. Child care centers must provide at least two hundred (200) square feet of outdoor play area and thirty-five (35) square feet of indoor play space is provided for each child. The outdoor play area shall be enclosed by a security chain link fence, at least four (4) feet in height. A State license and a county business license are required. "Dead, dying, or hazardous tree (DDH)" means a tree that has structural defects in the roots, stem, or branches that may cause the tree or a part of the tree to fail, where such failure may cause property damage or personal injury. "Decal" means a picture, design or label made to be transferred to glass, wood, metal, or any other hard surface material. “Deciduous” means plants that drop their foliage annually before becoming dormant. “Deck” means an unroofed platform, either freestanding or attached to a building, that is supported by pillars or posts. “Dedication” means the transfer of property by the owner to another p "Density, gross" means the total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre. "Density, net" means the number of dwelling units per acre of land when the average involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, common open space, flood hazard areas, steep slopes (greater than twenty-five percent (25%)) and public land. For mixed use and interchange activity center zoning districts net density can include open space in the calculation as long as open space is used for passive recreation. "Department" means the City of Stockbridge Community Development Department, as established by the City of Stockbridge City Council, and as operated through the actions and administration of the city manager or his/her designee. "Department of Community Affairs (DCA)" means the Georgia Department of Community Affairs (DCA) was created in 1977 to serve as an advocate for local governments. DCA operates a host of State and Federal grant programs; serves as the State's lead agency in housing finance and development; promulgates building codes to be adopted by local governments; provides comprehensive planning, technical and research assistance to local governments; and serves as the lead agency for the State's solid waste reduction efforts. "Design professional" means a professional licensed by the State in the field of engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable State law governing professional licensure. "Detention" means the temporary storage of stormwater runoff in a stormwater detention facility for the purpose of controlling the peak discharge. "Detention facility" means a structure designed for the storage and gradual release of stormwater runoff at controlled rates. "Developed land" means all real property altered from its natural state by grading, paving, compaction, construction of structures, impervious services or drainage works so that hydrologic response of the property is changed from that which would occur in the natural undeveloped condition. "Development" means any action which creates demand on or need for public facilities, as defined herein, and includes any construction or expansion of a building, structure, or use; any change in use of land, a building, or structure; or the connection of any building or structure to a public utility. "Development" or "single development" means any project or group of related projects constructed or planned for construction on a single parcel or on contiguous parcels under single ownership. Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, clearing, digging, filling, dredging, excavating, grading, grubbing, mining, paving, removal of vegetation, stripping, drilling operations, storage of equipment or materials, transportation and filling of land, and any other installation of impervious cover; land development or land development project. (1) "New development" means a land development activity on a previously undeveloped site. (2) "Post-development" means the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. (3) "Pre-development" means the time period, or the conditions that exist on a site, prior to the commencement of land alteration, clearing, construction, or other activity that constitutes development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions. "Development activity" means any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit. "Development approval" means written authorization, such as issuance of a building permit, approval for grading or site development, or other forms of official action required by local law or regulation prior to commencement of construction. "Development impact fee" means the payment of money imposed upon and paid by new development as a condition of development approval as its proportionate share of the cost of system improvements needed to serve it. "Development of regional impact (DRI)" means a development project, regardless of the mix of land uses, which is likely to have impacts to the transportation network and environment beyond the limits of the jurisdiction in which it is being constructed. "Development permit" means a permit that is issued by the city that authorizes development activity, and includes, but is not limited to, a land disturbance permit or building permit. "Development regulations" means the adopted regulations providing for the subdivision and development of real property within the city, as amended from time to time by the city council. "Development rights" means a governmentally recognized entitlement to use or develop land at a certain density, or intensity, or for a particular purpose, which may be severed from the realty and placed on some other property. (1) "Receiving area" means the region or district where development rights may be affixed to property. (2) "Receiving property" means the lot or parcel where development rights are affixed, thereby increasing the permissible density or intensity of use on the property. (3) "Sending area" means the region or district where development rights may be removed for purposes of transfer to another location. (4) "Sending property" means the lot or parcel where development rights are removed, thereby eliminating permissible uses on the property. (5) "Transfer of development rights" means the process by which development rights from a sending property are affixed to one (1) or more receiving properties. "Director" means the director of the department or his/her designee or the person, officer, official, or his authorized representative designated by the mayor and city council, City of Stockbridge, as its agent for the administration of the provisions of the unified development code. “Diameter at breast height (DBH)” means the diameter of a tree is to be measured by one (1) of the following methods: 1. For existing trees: The standard measure for existing trees on site is diameter at breast height (DBH). The tree trunk diameter is measured at a height of four and one half (4.5) feet above ground level on the uphill side of the tree. If a tree splits into multiple trunks below four and one half (4.5) feet, measure each trunk individually for total DBH. Crepe Myrtles are excluded from this total DBH requirement. Simply the largest diameter trunk shall qualify for Crepe Myrtles. 2. For newly planted trees: The standard measure for newly planted trees will be the caliper of the trunk six (6) inches above the ground level. “Discharge, accidental” means a discharge prohibited by this UDO that occurs by chance and without planning or thought prior to occurrence. “Discharge, illicit” means any direct or indirect non-stormwater discharge to the City separate stormwater sewer system, except as exempted by this UDO. “Distribution center” means an establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including trans-shipment by rail, air, or motor vehicle. “Dormer” means a projection from a sloping roof that contains a window. “Dormitory” means a building or part of a building that is operated by or on behalf of an institution that is authorized to grant a degree by the Board of Reagents of the State of Georgia and used to house students enrolled at such institutions. "Drainage easement" means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Drainage structure" means a device composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water from one (1) place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. (1) "Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. "Dripline" means a line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground, i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip. "Drive-in" means a retail or service enterprise wherein service is provided to the customer on the outside of the principal building. "Drone" or "unmanned aircraft system" means unmanned aerial systems remotely piloted aircraft that can fly under the control of a remote using a first-person point of view, or in autopilot mode guided by a global positioning system (GPS). "Drone delivery" means a permitted food store, restaurant, retail store, or warehouse/distribution facility with one (1) or more designated drone staging areas that are incidental to the primary use of the property for use by small, unmanned aircraft systems under fifty-five (55) pounds take-off weight to distribute commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities. "Drone delivery service" means a primary use of the property with the purpose of operating one (1) or more drone staging areas for use by unmaimed aircraft to deliver commercial goods by air. This includes any appurtenant areas used or intended for use for unmanned aircraft system buildings, structures, and other facilities. "Drone staging area" means a designated area over which an unmanned aircraft completes the final phase of the approach, to a hover or a landing, and from which an unmanned aircraft initiate take-off. The drone staging area includes both the launch pads and any required safety areas, and may include areas for the outdoor storage of goods, materials, containers, trailers, or other equipment. "Dwelling" means a building or portion thereof which is designed or used for residential purposes, including single-family, two-family, multifamily dwellings, rooming and boarding houses, fraternities, sororities and modular dwellings, but not including hotels or motels. (1) "Accessory dwelling" means a dwelling unit established within the principal building or in a separate structure, and on the same lot as the principal structure. It is an independent dwelling unit, but it may share an entrance, yard and parking with the principal unit. (2) "Duplex" or "two-family" means a building containing two (2) dwelling units, designed for occupancy by not more than two (2) families living independent of each other. (3) "Multifamily" means a building or set of buildings containing a group of dwelling units on a common lot containing separate living units for three (3) or more families, having separate or joint entrances, and including apartments and condominiums. These are specifically distinguished from units defined as townhouses. (4) "Single-family" means one (1) dwelling unit in one (1) building, other than a mobile home, hotel or motel, designed for and occupied by one (1) family, containing rooms for living, sleeping, toilet facilities and one (1) kitchen. (5) "Townhouse" means one (1) of a series of three (3) or more attached dwelling units on separate lots which are separated from each other by a coincidental property line and party wall partitions. The structure must meet all front, rear, and side yard setback requirements in the zoning district in which it is located, except for the coincidental property line and wall. Each dwelling unit must be separately metered for all utilities, have access to a public street and the coincidental property line and wall must be fire-rated and extend from the foundation or ground (whichever is lower) to the roof decking of the structure. Each dwelling unit shall contain rooms for living, sleeping, toilet facilities and one (1) kitchen. "Dwelling unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, for rental or lease on a weekly, monthly, or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent living, sleeping, toilet and a single kitchen with cooking facilities. E "Easement" means a grant of one (1) or more property rights by a property owner to the general public, a public utility, a governmental unit, or a private individual or corporation for the use of a portion of the owner's land for a specific purpose, or use as a means of access to other property. Easements shall be designated "public" or "private" depending upon the nature of the usage. (1) "Conservation easement" means an agreement between a land owner and a governmental agency or land trust that permanently protects the land by limiting the amount and type of development that is permissible, while leaving the remainder of the fee interest in private ownership. (2) "Drainage easement" means an agreement allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Eave" means the projecting lower edges of a roof overhanging the wall of a building. "Electric vehicle (EV)" means a class of automobiles that use electric motors powered by energy drawn for the grid or off-grid electric sources into a battery system for propulsion. "Electric vehicle charging port" means the EVSE component which connects to vehicle charging inlets. One (1) EVSE unit may contain multiple charging ports, which are also referred to as "plug connectors" or "heads." Level 1 ports include connectors supplied by Level 1 EVSE as well as any standard 120V outlets able to supply fifteen (15) or more amps of current to be used with the Level 1 EVSE supplied by vehicle manufacturers. "Electric vehicle charging station (EVSE)" means the public or private parking space(s) served by EVSE, including all signs, information, pavement surfaces, surface markings, fee collection systems, and protective equipment, in which a vehicle is recharged. “Elevation” means (1) a vertical distance above or below a fixed reference level (2) a fully dimensioned drawing of the front, rear, or side of a building, showing features such as windows, doors, and relationship of grade to floor level. "Elevated building" means a non-basement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns. “Encroachment” means any obstruction or illegal or unauthorized intrusion into a floodway, right of way, or adjacent land. "Erect" means to build, paint, construct, attach, hang, place, suspend, assemble or affix. "Erosion" means the process by which land surface is worn away by the action of wind, water, ice or gravity. "Erosion and sedimentation control plan" means a plan that is designed to minimize and control the accelerated soil erosion and sedimentation runoff resulting from a land disturbing activity. Also known as the "plan." "Equivalent runoff unit (ERU)" is defined to serve as a reference point for comparing dissimilar properties and attaining an equitable distribution of the cost of services and facilities through a stormwater management service charge. The equivalent runoff unit in Stockbridge has been determined through engineering and analysis to include two (2) primary parameters with the following metrics: (1) one (1) acre of gross area, and (2) two thousand (2,000) square feet of impervious area. These units will be used to determine and compute the service charge for all properties within the city. "Evergreen tree" means any tree that retains green leaves throughout the year. This includes magnolias and tree-type hollies, as well as pines and cedars. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before June 2,1987. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. "Extended detention" means the storage of stormwater runoff for an extended period of time. “Exterior Architectural Features” means the architectural style, general design and general arrangement of the exterior of a building, structure or object, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the forgoing. “Exterior Environmental Features” means all those aspects of the landscape or the development of a site which affect the historic character of the property. “Exterminator” means a person engaged in the service of killing or removing inspects, mice, rats, or other pests. "Extreme flood protection" means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of one hundred (100) years or more. F "Facade" means: (1) "Primary (front) facade" means the exterior wall surface(s) across the building front, extending from grade to top of the parapet, wall, gable, or eaves and from side corner to side corner that are visible from any location on the street or main parking area and includes the primary entrance into the building. If the building faces more than one (1) parking area or street, the largest exterior wall of the building with a primary entrance which is most nearly parallel to the widest street or largest parking area to which the building faces. (2) "Secondary facade" means any exterior wall of a building, other than the primary facade. “Factory” means a building in which raw material and semifinished or finished materials are converted to a different form or state, or where goods are manufactured, assembled, treated, or processed. "Fall zone" means the area within the radius of a billboard that is equal to 133% of the height of the billboard. "Family" means one (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel, fraternity or sorority house. "Farm" means a all places of three (3) or more acres devoted to the raising of agricultural products regardless of the quantity or value of production. “Farm supply store” means an establishment engaged in the retail sale of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds and other such farm supplies. "Feedlot" means land devoted to confinement feeding of livestock. A lot or building or combination lots and buildings intended for the confined feeding, breeding, raising or holding of livestock while being fattened for slaughter and where animal waste may accumulate, but not including barns, pens or similar structures not intended for the fattening of animals for slaughter. “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. “Fenestration” means windows and other openings on a building façade. "Fill" means a portion of land surface to which soil or other solid material has been added; the depth above the original ground. "Final plat" means the final map, drawing or chart upon which the sub-divider's as-built plan of subdivision is presented, and which, if approved, will be submitted for recording among the land records for Clayton County. "Final stabilization" means all soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, one hundred percent (100%) of the soil surface is uniformly covered in permanent vegetation with a density of seventy percent (70%) or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction. "Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. “Fire lane” means an unobstructed paved or improved surface area clearly defined by pavement markings and signs, at least twelve feet wide, and designed to provide access for firefighting equipment. "Firing range" means a public or privately owned facility designed and operated for the purpose of discharge of rifles, shotguns and handguns at targets within a controlled setting. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation or runoff of surface waters from any source that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands. "Flood hazard area" means the area possibly threatened by periodic flooding as determined by various data, e.g., maps provided by the United States Department of Housing and Urban Development, United States Soil Conservation Service, Army Corps of Engineers, or hydrological studies utilizing generally accepted engineering practices. Flood hazard areas shall include all lands underneath a permanent body of water, e.g., a lake, pond, river, and stream, and all land within the limits of a flood hazard area having a one-hundred-year return frequency. "Flood hazard boundary map" or "FHBM" means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as zone A. "Flood insurance rate map" or "FIRM" means the official map of the City of Stockbridge, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Such FIRM as relates to property located within the City of Stockbridge is incorporated by this reference as if fully set forth herein. "Flood insurance study" or "FIS" means the official report, prepared and issued by the Federal Insurance Administration of the Federal Emergency Management Agency evaluating flood hazards and containing flood profiles and water surface elevations of the base flood, which FIS is incorporated by this reference as if fully set forth herein. "Floodplain" means any land area susceptible to flooding with at least a one-percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan. "Floodplain, one-hundred-year" means those lands subject to flooding, which have at least a one percent (1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood boundary and floodway map as prepared by the Federal Emergency Management Agency (FEMA). "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" or "regulatory floodway" means the channel of a stream, river or other watercourse and the adjacent land areas of the floodplain which is necessary to contain and discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Floor area" means the total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of the outside walls, but excluding any attic, unfinished basement area, breezeway, cellar, porch, or verandah. “Freight Truck” means a commercial vehicle with a manufacturer’s recommended gross vehicle weight rating (GVWR) exceeding 26,000 pounds, including Class 6 vehicles or greater under the Federal Highway Administration vehicle classification system, including tractortrailers, semi-trucks, and combination vehicles. "Frontage" or "frontage, road" means the distance measured along a public street right-ofway, or the main street property line of a lot. “Fueling station” or “fuel station” means any building, structure, or area of land used for the retail sale of automobile fuels, such as gasoline or diesel, oils, and accessories. A gasoline station may include the sale of propane, kerosene, food, or retail goods as accessory uses. Fueling stations shall not include game rooms, game arcades, major repair shops, body shops, paint shops, paint booths, or other similar more-intense automotive related use. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. “Funeral home” means a building or part thereof, used for embalming, autopsies, casket storage, and religious or other services necessary to prepare the dead for burial or cremation. "Future-conditions flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the one hundred-year future-conditions flood. "Future-conditions flood elevation" means the highest water surface elevation anticipated at any given location during the future-conditions flood. "Future-conditions floodplain" means any land area susceptible to flooding by the futureconditions flood. "Future-conditions hydrology" means the flood discharges associated with projected land use conditions based on a community's zoning map, comprehensive land use plans, and/or watershed study projections, and without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation. G "Garage, parking" means a structure, lot or any portion thereof which is open to the public in which one (1) or more vehicles are housed or kept, not including exhibition, show rooms, storage of cars or cars for sale. "Garage, repair" means a building or structure used to house, cover or protect automobiles or other vehicles from the elements while repairs are being made thereto. "Grade" means the lowest point of elevation of the finished surface of the ground immediately surrounding the building or structure. (1) "Finished grade" means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. (2) "Highest adjacent grade" means the highest natural elevation of the ground surface adjacent to the proposed foundation walls of a structure prior to construction. "Grade (roadway)" means the slope (ratio of change in elevation to change in distance) or a roadway typically given in percent. For example, a two percent (2%) grade represents two (2) feet of elevation change over a one hundred-foot distance. "Grading" means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. “Grandfathered” means an exemption relating to a particular use or activity on a property that does not conform to applicable rules or regulations because of its establishment prior to the enactment of such rules or regulations. “Grease trap” means a device in which the grease present in wastewater is intercepted and congealed by cooling and from which it may be skimmed off liquid wastes for disposal. “Green area” means land shown on a development plan, master plan, or official map for conservation, preservation, recreation, landscaping, or park. See Open Space. “Green infrastructure” stores, treats, and infiltrates stormwater into soil, mimicking natural systems. “Greenfield” means farmland and open areas where there has been no previous industrial or commercial activity. “Greenhouse, non-commercial” means a permanent climate-controlled structure enclosed (as by glass or plastic) and used usually year-round for the cultivation and protection of plants. "Greenspace" or "open space" means any area protected as permanently vegetated land. "Ground coverage" means the area of a lot occupied by all buildings expressed as a percentage of the gross area of the lot. "Ground elevation" means the original elevation of the ground surface prior to cutting or filling. “Ground floor” means the first floor of a building other than a cellar or basement. "Group home" means a residence where two (2) or more unrelated persons live that is under the supervision of a resident manager. Group homes are established to assist persons who have left highly structured institutions such as a hospital or prison, to adjust to and reenter society and live within its accepted norms. The purpose of a group home is to allow people to begin the process of reintegration with society, while still providing monitoring and support. Group homes shall not provide treatment of drug or alcohol dependency, or provide an alternative to incarceration. "Grubbing" means the removal of stumps or roots from a site. “Gutter” means a shallow channel, usually set along a curb or the pavement edge of road, for purposes of catching and carrying off run-off water. “Gym” means the abbreviated term for gymnasium, which is an enclosed facility for exercise and athletics. H “Habitable floor area” means the total floor area of all the habitable rooms in a dwelling unit. “Habitable room” means any room in a dwelling unit other than a kitchen, bathroom, pantry, closet, hallway, cellar, storage place, garage, unfinished basement, cellar, or attic. “Handicapped parking space” means parking spaces reserved for people with disabilities. “Hardscape” means nonliving components of a landscaped design, such as walls, sculptures, paved walkways, patios, stone and gravel areas, benches, fountains, and similar hard-surface areas and objects. "Hardship" means the presence of some unique or rare condition of land, different in type and extent from other land in the same location or in the same zoning district. "Hazardous material" means any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended. "Hazardous waste" means any solid waste which has been defined as "hazardous waste" in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the Federal Act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 as hereafter amended and any designated hazardous waste. Also any substance defined as "hazardous waste" by the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-8-60 et seq. as hereafter amended. "Health and personal services" means establishments providing nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. “Health care facility” means a facility or institution, whether public or private, engaged in providing services for health maintenance and the treatment of mental or physical conditions. Accessory uses within these spaces include laundries for patients served, restaurants, gift shops, laboratories, pharmacies, and medical offices. "Height" means the vertical distance measured from average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof on a building. When referring to a tower, sign or other structure, the distance measured from ground level to the highest point on the tower, sign or other structure, even if said highest point is an antenna. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. "Heliport" means a designated area for landing and takeoff of rotorcraft. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. “Highest and best use” means the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, and financially feasible that results in highest value. "Historic district" means a geographically definable area, possessing a significant concentration, linkage, or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. A historic district shall further mean an area designated by the Mayor and City Council as a historic district. "Historic building or structure" means any structure that meets one (1) or more of the following conditions: (1) Listed individually in the National Register of Historical Places (as maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a State inventory of historic places and determined as eligible under the State historic preservation program which has been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places and determined as eligible under the local historic preservation program which has been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in the event the State has no approved program. “Historic Property” means an individual building, structure, site, or object including the adjacent area necessary for the proper appreciation thereof designated by the Mayor and City Council as a historic property. "Home occupation" means an occupation for gain or support conducted on the premises or within a dwelling unit by a person or family residing thereon. The term "home occupation" shall not be deemed to include a tourist home. "Hookah" means a tobacco pipe with a long, flexible tube which draws the smoke through water contained in a bowl. "Hookah bar/lounge" means an establishment where patrons share shisha (flavored tobacco) from a communal hookah or from one (1) placed at each table or a bar. May serve food and alcohol. See Title 9. "Hospice care facility." Hospice care provides humane and compassionate care for people in the last phases of incurable disease so that they may live as fully and comfortably as possible. Hospice is to enable patients to continue an alert, pain-free life and to manage other symptoms so that their last days may be spent with dignity and quality, surrounded by their loved ones. Hospice affirms life and does not hasten or postpone death. Hospice care treats the person rather than the disease; it focuses on quality rather than length of life. It provides familycentered care; care is provided for the patient and family twenty-four (24) hours a day, seven (7) days a week. Hospice care can be given in the patient's home, a hospital, nursing home, or private hospice facility. "Hospital" means an institution receiving in-patients, or a public institution receiving outpatients, and authorized under Georgia law to render medical, surgical and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of mental patients, alcoholics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry. "Hotel/motel" means a building in which lodging along with customary lodging facilities and services, such as meeting rooms, restaurant, housekeeping services and/or center are provided for guests for an average stay of less than thirty (30) days and offered to the public for compensation. Hotel service provisions of food and beverage services suitable for both guests and meeting spaces and selective amenities, such as but not limited to spas, banquet groups, rooms, conference facilities, valet parking, concierge, and on-site restaurant. Guest rooms center and/or within the building shall contain no equipment for food preparation other than a microwave. There shall be no self-serve laundry facilities (for guests' use) within the building. Access to each guest room shall be through an inside lobby supervised at all hours. Does not include extended stay motels. "Hotspot" means a land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the industrial stormwater general permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with highintensity use. “Household pets” means domesticated animals weighing less than 150 pounds and cared for by the members of the household and which are not raised for commercial gain or considered livestock as defined herein. "Hydrologic response" of a property is the manner and means whereby stormwater collects, remains, infiltrates and is conveyed from a property. It is dependent on several factors including, but not limited to, the presence of impervious area; the size, shape, topographic, vegetative and geologic conditions of a property; antecedent moisture conditions; and groundwater conditions on a property. I "Illegal connection" means either of the following: 1. Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge, including sewage, process wastewater and wash water to enter the storm drain system, regardless or whether such pipe, open channel, drain or conveyance has been previously allowed, permitted or approved by an authorized enforcement agency; or 2. Any pipe, open channel, drain or conveyance connected to the City's separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency. "Illicit discharge" means any direct or indirect non-stormwater discharge to the City's separate storm sewer system, except as exempted in this UDC. “Impact fee” means a fee imposed on a development to help finance the cost of public improvements. “Impermeable” means not permitting the passage of water. "Impervious surface (or impervious cover)" means any manmade paved, hardened or structural surface composed of any material that significantly impedes or prevents the natural infiltration of water or stormwater into the ground below the structure or surface into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, swimming pools and any concrete or asphalt surface. "Improvements" means physical changes to the land which are necessary to create useable lots including (but not limited to) grading and paving streets, sewer and water facilities, hydrants, sidewalks, monuments, changes to existing utilities, and stormwater drainage and detention systems. “Incidental” means subordinance and minor in significance or bearing a relationship to the primary use. "Indoor play space" means play space required inside the principal structure of child care centers set aside for children's recreation and play. The area provided must be at least thirtyfive (35) square feet of indoor play space for each child. "Industrial activity" means activities subject to NPDES industrial permits as defined in 40 CFR Section 122.26(b)(14). "Industrialized building" or “modular building” means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Buildings Act," Georgia Law 1981 pp 1637—1643 (O.C.G.A. § 8-2-2(1)). “Industrial park” means a tract of land that is planned, developed, and operated as a coordinated and integrated facility for a number of separate industrial uses, with consideration for circulation, parking, utility needs, aesthetics, and compatibility. “Industrial waste” means any liquid, gaseous chemical, or solid residue or by products of an industrial process. “Industrial, heavy” means industrial uses engaged in heavy manufacturing, sewage treatment or disposal facilities, electric generating plants and facilities, incinerator or landfills, water purification facilities, automobile and truck body shops, junkyards and salvage yards, human and animal crematories, motor freight terminals, used motor vehicle storage and impoundment yards, and firing ranges. “Industrial, light” means industrial uses engaged in light manufacturing, packing, storage, and distribution of products, including warehousing, wholesaling, and shipping and receiving, and scientific research development and training, kennel and animal hospitals, new vehicle storage, and vehicle transportation service establishments. “Industrialized home” means a dwelling unit manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. § 8-2-1 et seq.), and the Rules of the Commissioner of the Georgia Department of Community Affairs. "Industrial stormwater general permit" means the National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies onsite pollution control strategies based on Standard Industrial Classification (SIC) Code. "Infiltration" means the process of percolating stormwater runoff into the subsoil. "Inert construction waste" means waste building materials and other waste resulting from the construction, remodeling or repair of houses, buildings and other structures which will not or are not likely to cause production of leachate of environmental concern. Such waste is limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs and leaves. This definition excludes all waste not specifically listed above. "Infill" means development of vacant or remnant lands passed over by previous development in the area. "Infrastructure" means manmade structures and systems which serve the common needs of the population, such as: Sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways. “In-Kind Mitigation” means the replacement of the impacted aquatic site with one of the same hydrologic regime and plant community type (same species composition). "Inoperable vehicle" means any motorized vehicle incapable of immediately being driven. "Impervious cover" means any manmade paved, hardened, or structural surface regardless of material. Impervious cover includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools, and any concrete or asphalt paving. "Inspection and maintenance agreement" means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project. "Institutional use" means activities for civic, cultural, educational, social, or governmental purposes. “Intensity of use” means the number of dwelling units per acre for residential development and the Floor Area Ratio for nonresidential development, such as commercial, office, industrial. "Interior landscape area" means an area to be landscaped which is located in the interior area of a development or building site where vehicular parking spaces are to be provided or which is otherwise to be covered with impervious surface. "Interparcel connection" means a vehicular and pedestrian road, street or lane connecting segment and or sidewalk access for public use to gain access to adjacent residential subdivisions, commercial, industrial and mixed use subdivisions and establishments where access to contiguous properties would otherwise require vehicle trips on frontage roads for access. "Invasive plant" means a plant that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting plant communities or ecosystems. A landscape architect or certified arborist shall be required to identify invasive species. J “Junk” means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or for other use or disposition. For example, but not limited to, tires, unregistered and inoperable vehicles, equipment, paper, rages, metal, building materials, household appliances, or lumber. "Junk/salvage yard" means any use on public streets or private property involving the parking, storage or disassembly of vehicles and/or machinery; the storage, sale or resale of used auto parts, tires, scrap iron, metal; used plumbing fixtures, old stoves, refrigerators and other old household appliances; used brick, wood, or other building/structural materials, used paper, rags or other scrap materials. These uses shall be considered junk yards whether or not all or part of these operations are conducted inside a building or in conjunction with, or accessory to other uses of the premises. "Junked vehicle" means any wrecked inoperable, dismantled automobile, truck or other vehicle which does not bear a current State license plate. “Jurisdictional Wetlands” means a wetland regulated under the federal Clean Water Act for which a § 404 permit from the U.S. Army Corps of Engineers may be needed to impact the wetland. Not all wetlands are jurisdictional wetlands. K "Kennel" means: (1) "Commercial kennel" means any location which provides boarding and care for dogs, cats, or other small animals for pecuniary gain. (2) "Noncommercial kennel" means any single-family residence in the RA zoning district where no more than ten (10) adult dogs and/or cats are kept as pets for the noncommercial purpose of hunting, exhibition in shows, field trials or breeding. Surplus offspring bred at such kennels to enhance or perpetuate any given breed, recognized by the American Kennel Club, may be sold at such kennels and shall not be considered a commercial activity. All animals kept or maintained in said kennel must be owned by the individual or family residing upon the lot upon which the kennel is located. "Kindergarten" means a State-approved institution for the education of pre-school aged children. "Kitchen" means a room or interior area equipped for preparing and cooking food. L “Laboratory” means a place devoted to experimental study, such as testing and analyzing, but not including the manufacturing of products. "Land development activities" means those actions or activities which comprise, facilitate or result in land development. "Land development permit" means the authorization necessary to begin constructionrelated, land-disturbing activity. "Land development project" means a discrete land development undertaking. "Land disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting, and filling of land, that do not involve construction, paving or any other installation of impervious cover. "Land disturbance permit (LDP)" means any permit other than a building permit issued by City of Stockbridge that authorizes clearing or grading activities on a site or portion of a site. Said permit may be clearing, clearing and grubbing, grading, or development permit as defined and authorized under the development regulations of the City of Stockbridge. "Land disturbing activity" means any activity which may result in soil erosion from water or wind and the movement of sediments into State waters or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices described [in] O.C.G.A. § 12-7-17(5) or silvicultural activities as described [in] O.C.G.A. § 12-7-17(6) within areas zoned for these activities. “Land use” means a description of how land is occupied or used. “Landfill” means a disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternating layers of specified depth in accordance with an approved plan. See Sanitary Landfill. “Landlocked” means a lot or parcel of land without direct access to a public road. "Landscape plan" means a detailed plan depicting proposed landscaping which will accompany all site plans submitted for development approval when required by the unified development code. “Landscaping service” means an establishment engaged in performing a variety of lawn and landscaping services such as lawn fertilizing, mowing, spraying and planting, and the planting and maintenance of landscaping "Landscape strip" means land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized. "Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one (1) plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. “Laundromat” means a business that provides home-type washing and drying machines for hire to be used by customers on the premises. “Library” means a building in which literary, musical, artistic or reference materials are kept for use but not generally for sale. "Linear feasibility program" means a feasibility program developed by the City of Stockbridge and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when it would be infeasible to implement stormwater management standards for linear transportation projects being constructed by the City of Stockbridge, other local governments, or State agencies. "Linear transportation projects" means construction projects on traveled ways, including, but not limited to, roads, sidewalks, multi-use paths and trails, and airport runways and taxiways. "Litter" means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such terms defined on O.C.G.A. § 16-751(6). “Livestock” means any animal raised for food, raw materials or pleasure, and customarily kept on a farm, including but not limited to, beef and dairy cattle, sheep, swine, poultry, horses, mules, donkeys, goats, turkeys, bison, llama, emus and any animal having hooves. This definition of livestock shall not apply to pet chickens owned pursuant to section 9-72 as domesticated animals. "Live-work unit" means a dwelling unit containing an office use of the lesser of six hundred (600) square feet in floor area or forty percent (40%) of the unit's total floor area. Office uses shall be adjacent to sidewalk area; and shall be the place of employment for no more than five (5) persons, at least one (1) of whom shall be a resident thereof. A live-work unit is considered a mixed-use building. Live-work units are permitted in residential and commercial areas, according to the framework plan. "Loading space, off-street" means space logically and conveniently located for bulk pickups and deliveries, scaled to the size of delivery vehicles expected to be used. "Lodge" means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues-paying members and their guests. There are no sleeping facilities. “Long-Term Truck Storage” means the parking or storage of freight trucks for periods exceeding 24 consecutive hours. Long-Term Truck Parking is not intended for short-term or overnight stays of drivers. "Lot" means a portion or parcel of land separated from other portions or parcels by description, such as on a subdivision plat, survey map, or metes and bounds. (1) "Corner lot" means a lot abutting two (2) or more streets at their intersection, or bounded on two (2) or more adjacent sides by street right-of-way lines. (2) "Double frontage lot (through lot)" means a lot, other than a corner lot, that has frontage upon two (2) or more streets that do not intersect at a point abutting the property. (3) "Flag lot" means a lot with uneven dimensions in which the portion fronting on a street is less than the required minimum width required for construction of a building or structure. (4) "Interior" means a lot other than a corner lot or a through lot. "Lot depth" means the average horizontal distance between the front and rear lot lines. (Lot definitions are illustrated in figure A.1.) [not available] "Lot line” or “property line" means the property boundary, abutting a right-of-way line, or any line defining the exact location of a lot. "Lot of record" means an individual lot or a lot which is a part of a subdivision, the map of which has been recorded in the office of the clerk of superior court of Henry County, Georgia, or a parcel of land the deed of which has been recorded in the office of the clerk of superior court of Henry County. "Lot width" means the horizontal distance between the side lot lines measured along the street right-of-way lines. For cul-de-sac lots, lot width shall be measured at the right-of-way and shall be a minimum of 50% of the required width of the zoning district requirement. “Low impact development” is a land planning and engineering approach that manages stormwater runoff by mimicking natural site hydrology. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this unified development code. M “Manufacturing” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. “Manufacturing, heavy” means an establishment engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials into new products, including assembling, converting, altering, finishing of component parts, or the manufacture of such products, and the storage and/or blending of large volumes of materials of a heavy nature including but not limited to metal, concrete, plastic, petrochemicals, and heavy machinery. “Manufacturing, light” means an establishment engaged in the transformation of finished products or parts into new products, including assembling, converting, altering, and finishing of component parts; or the manufacture of products and the blending of materials of a light nature, including paper, wood, or food products and light machinery. Unlike heavy manufacturing, light industrial uses are typically processes that do not create noise, fumes, smoke, odors, or glare or health or safety hazards outside of the building where such processes occur "Manufactured home" means a structure transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. Manufactured homes are built or fabricated in an offsite facility on or after June 15, 1976 and installed or assembled on the home site. They must meet U.S. Department of Housing and Urban Development (HUD) construction requirements. Manufactured homes may be single- or multi-section and are transported to the site and installed with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act. “Manufactured home, new” means a manufactured home that is purchased from either the original manufacturer or a dealer in the ordinary course of such dealer's business and has never been titled or previously occupied.” "Master development plan" means a written and graphic submission for a mixed-use development which represents a tract of land, proposed subdivision, the location and bulk of buildings and other structures, density of development, public and private streets, parking facilities, common open space, public facilities and all covenants relating to use thereof. The master development plan is submitted in conjunction with a rezoning application for the MU zoning district. “Material change in appearance” means a change that will affect either the exterior architectural or environmental features of a historic property or any building, structure, site, object, or landscape feature within a historic district, such as: (1) A reconstruction or alteration of the size, shape or façade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements; (2) Demolition or relocation of a historic structure; (3) Commencement of excavation for construction purposes; (4) A change in the location of advertising visible from the public right-of-way; or (5) The erection, alteration, restoration or removal or any buildings or other structure within a historic property or district, including walls, fences, steps and pavements, or other appurtenant features, except exterior paint alterations. "Mean sea level" means the datum to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. For purposes of this Section, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988. “Megachurch” means a house of worship with a seating capacity or holding capacity of ten thousand or more persons. This use tends to draw from a regional area, have a variety of activities that take place over the entire week, and generate significant amounts of traffic. “Metes and bounds” means a method of describing the boundaries of land by directions (bounds) and distances (metes) from a known point of reference "Mini-warehouse" means a building or portion thereof used for storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise for businesses or individuals. Mini-warehouses shall not include retail sale on the premises, commercial repair or other services, manufacturing or any other commercial use. "Mixed use (development)" means a development project that incorporates two (2) or more different types of land uses or activities, such as residential, commercial, office, and/or industrial. A mixed-use development has the different types of land uses in proximity, vertically or horizontally, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas. "Mobile food services, portable restaurants, temporary outdoor and sales, and sidewalk sales" means any temporary business selling goods or merchandise from a tent, truck, vending cart or other areas outside of a permanent structure on property owned or leased by the business. Temporary outdoor sales do not include sales conducted by charitable organizations incidental to the principal or permitted use or structure on the property. "Mobile home" means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, airconditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. Documentation of compliance with the National Mobile Home Construction and Safety Standard Act (United States Department of Housing and Urban Development certification) shall be required. "Manufactured home park" means a parcel of land that has been planned and improved for the placement of manufactured homes for living or sleeping purposes, or where spaces or lots are set aside and offered for rent for use by manufactured homes for living or sleeping purposes, including any land, building or structure or facility used by occupants of manufactured homes on such premises. A manufactured home park does not include an automobile or manufactured home sales lot on which unoccupied manufactured homes are parked for inspection or sale. "Motel" means an establishment where lodging without separate cooking facilities are provided to the public for compensation, in which ingress or egress to and from all rooms are made primarily directly from an exterior walkway rather than from an inside lobby. Includes a building or group of buildings intended for short-term use by transients or the travelers, and containing sleeping accommodations with sanitary facilities. Other synonymous terms include hotel, tourist court, motor court, motor inn, or motor lodge. (1) Extended stay motel or hotel. A motel providing sleeping accommodations, sanitary facilities, and kitchen facilities, intended for overnight or weekly use. “Motion picture theater” means a place where motion pictures are shown to the public for a fee. "Move-in house or structure" means [a] pre-existing dwelling or structure relocated to another lot or on the same lot. "MS4 permit" means the NPDES permit issued by Georgia Environmental Protection Division for discharges from the City of Stockbridge's municipal separate storm sewer system. “Multi-Use Path” means a multi-use pathway for all non-automobile users, including pedestrians and bicyclists. The minimum viable width for a Multi-use Path is ten feet and traffic flow is two-way. N "National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit" means a permit issued by the Georgia EPD under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. "Native plant" means a plant that is a part of the balance of nature that has developed over hundreds or thousands of years in a particular region or ecosystem. "Natural area" means an area of natural vegetation that is generally undisturbed, unmaintained, and is self-perpetuating. It includes not only trees, but also native shrubs, ground covers, wildflowers, vines, and grasses. “Natural drainage flow” means the pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regrading. "Natural ground surface" means the ground surface in its original state before any grading, excavation or filling. "Natural vegetated area" means an undeveloped area largely free from human disturbance where naturally occurring vegetation is allowed to remain undisturbed or is enhanced and maintained by human intervention. Activities specifically allowed in such an area include, but are not limited to: Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife; outdoor recreational activities, including hunting, fishing, trapping, bird watching, hiking, boating, horseback riding, swimming, canoeing, skeet and trap shooting; education, scientific research and nature trails; maintenance or repair of lawfully located roads, structures and utilities used in the service of the public, provided that the work is conducted using best management practices to ensure that negative effects on the previous nature of the land shall be minimized; and limited excavating, filling and land disturbance necessary for the repair and maintenance of structures necessary to the uses permissible in the area as above. “Neighborhood” means an area of a community with characteristics that distinguish it from other areas and that may include distinct housing types, schools, or boundaries defined by physical barriers, such as highways or railroads, or natural features such as water bodies. “Neighborhood park” means a park area designed to serve the active recreational needs of the neighborhood, such as field games, playground apparatus, crafts, and picnicking. The National Recreation and Park Association publishes guidelines and general development standards for variety of park and recreational facilities. "Nephelometric turbidity units (NTU)" means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. "Net acreage" means the total acreage of any parcel or combined parcels of land to be developed as a single project, less the sum of the following: Total number of acres contained in the one hundred-year flood hazard area, total number of acres contained in rights-of-way and the total number of acres contained in detention or retention ponds to be constructed. "New construction" means any structure (see definition) for which the start of construction commenced after June 2, 1987, and includes any subsequent improvements to the structure. "New development" means land disturbing activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 2, 1987. “News rack” means one or more self-service or coin-operated boxes, containers, storage units, or other dispensers fused for the display and sale or distribution of newspapers, periodicals, or other written material. “Night club” means an establishment open only late at night, in which music is provided, along with space in which dancing by patrons may occur. “Noise disturbance” means any noise exceeding the noise level limits established for the specific zoning district. "Nonconformity," “nonconforming situation,” or "nonconforming use" means a land use activity, building or structure legally established prior to adoption of this unified development code, or subsequent amendment to it, that would not otherwise be permissible under the provisions of this section. "Nonconforming sign" means a sign that was legally erected under previous sign regulations, and which became nonconforming to the provisions of this article that were adopted following the installation of the sign. "Nonpoint source pollution" means a form of water pollution that does not originate from a discrete point such as a wastewater treatment facility or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water or groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. "Non-stormwater discharge" means any discharge to the storm drain system that is not composed entirely of stormwater. “Nuisance” means a condition or situation that results in an interference with use and enjoyment of property. “Nuisance abatement” means programs designed to acquire, in an expedited manner, properties that are declared nuisances for all or some of the following reasons: blight, habitually used for illegal purposes, fire damage, gross neglect, disrepair, and debris. "Nursery school, kindergarten schools." See "day care" definition. "Nursing home" means a use in which domiciliary care is provided to one (1) or more convalescing, chronically or terminally ill non-family members who are provided with food, shelter and care. This use shall not include hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. O “Object” means a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. “Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communications equipment. “Office headquarters” means a large building, five thousand square feet or larger, on a tract of land totaling fifty acres or more built for a specific corporate use and/or user. “Office, home” means a home occupation in which a part of the dwelling unit is used as the resident’s office. See Home Occupation. “Office building” means a building used primarily for the conducting the affairs of a business, profession, service, industry or government or like activity; it may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child-care services. “Office park” means a development on a tract of land that contains a number of separate office buildings, with accessory and supporting uses, and open space designed, planned, constructed and managed on an integrated and coordinated basis. “Off-site” means located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a continuous portion of a street or right-of-way. “Off-street parking” means a parking space that is not located on a dedicated street rightof-way and that is directly accessible to an access aisle. “One-way car sharing” means a car sharing system where the vehicle does not have to be returned to the location from which it was rented. “On-site” means located on the lot that is the subject of the application for development. “On-street parking space” means a parking space that is located on a dedicated street right-of-way. "Open space" means permanently protected areas that are preserved in a natural state and undisturbed land or otherwise properties set aside for recreational uses, buffers, common areas, landscape areas, as well as other uses defined under the "open space categories" described below. Buffers and wetlands, if located on lots to be conveyed to private property owners, shall not be considered as "open space." Land contained within the one hundred-year flood zone shall not be considered as "open space" if located on lots that are to be conveyed to private property owners. Land designated as "open space" is divided into five (5) categories (the "open space categories" or, singularly, an "open space category"): (1) "Category A" means wetland stream buffers; one hundred-year flood hazard areas, undisturbed buffers between various land uses, roadside buffers, wildlife sanctuaries, and other forms of buffers, if owned by the developer or a property owners association; (2) "Category B" means improved and revegetated areas utilized for active recreation, such as ball fields, parks and golf courses; (3) "Category C" means improved, active recreation areas, such as swimming pools, tennis courts and playgrounds; (4) "Category D" means State waters, including wetlands, ponds, lakes, if owned by a developer or a property owners association; and (5) "Category E" means land donated to a governmental entity for public use, provided such land is not located in a wetland or one hundred-year flood zone. “Open space, common” means land within or related to a development, not individually owned or dedicate for public use, that is designed and intended for the common use or enjoyment of the residents of the development and their guests and that may include complementary structures and improvements as are necessary and appropriate. “Open space, natural” means an open space area that is in an unimproved and undisturbed state, with no changes to existing grade or removal of existing vegetation. “Open space, private” means open space, the use of which is limited to the occupants of a single dwelling, building or property. “Open space, public” means open space owned by a public entity and maintained by it for the use and enjoyment of the general public. “Open space ratio” means the total area of open space divided by the total site area in which the open space it to be located. “Operator" means the party or parties that have: 1. Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or 2. Day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation, and pollution control plan or to comply with other permit conditions. “Ordinance” means a law or regulation adopted by a governing body. “Ordinary high water mark” means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. "Outdoor play area" means an area outside the principal structure designed and set aside for recreation and play in the open air and sunshine and may contain some play equipment. See "child care center" definition. "Outfall" means the location where storm water in a discernible, confined, and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. "Outside storage" means the placement or containment of goods, materials, or equipment other than within a building, for purposes of keeping such goods, materials, or equipment for processing, use, sale, or transfer to other locations. "Overbank flood protection" means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain). "Overhang" means the edge of a roof that projects out over the space or wall beneath. "Overlay zoning district" or "overlay district" means a defined geographic area that encompasses one (1) or more underlying zoning districts and that superimposes additional requirements above those required by the underlying zoning district. An overlay district can be coterminous with existing zoning districts or containing only parts of one (1) or more such districts. Permitted uses in the underlying zoning district shall continue subject to compliance with the regulations of the overlay zone or district where that use is expanded or enlarged after the adoption of this unified development code. "Owner" means the legal or beneficial owner of a site including, but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. P “Parapet” means (1) a barrier, roof, wall, or railing along the edge of a balcony, bridge, terrace, or roof where there is a drop and sudden danger of failing; or, (2) a wall or hip-roof extension along the edge of the roof to visually and acoustically screen rooftop mechanical and HVAC equipment. “Paratransit” means a form of public transportation service characterized by the flexible routing and scheduling of small vehicles, such as taxis, vans, small buses, to provide shared occupancy, doorstep, or curbside personalized transportation service. Example: Lyft, Uber, Yellow Cabs, MARTA. "Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records. “Park, dog” means a parcel or tract of public or privately owned land set aside and designated for the use by dog owners as “off-leash” areas for exercising their canine pets. “Park, private” means a tract of land owned or controlled and used by a specific person or entiry for active or passive recreational purposes. “Park, public” means a tract of land owned by a branch of government and available to the general public for recreation purposes. “Park-and-ride facility” means a parking lot designed for drivers to leave their cars and use mass transit facilities beginning, terminating, or stopping at the park-and-ride facility. “Parking, shared” means the joint utilization of a parking area for more than one use. Involves spaces that are used at different times by different uses, or a single space that serves several stores so that a vehicle does not need to be moved from place to place. Shopping center parking is an example of shared parking. For new construction, instead of computing the parking requirement for each use, a single overall parking ratio may be used. "Parking space, off-street" means an off-street parking space consisting of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, design standards for which are contained in the unified development code. “Parking structure” means a building or structure consisting of more than one level and used to store motor vehicles. See Garage; Garage, Municipal; Garage, Public. “Party driveway” means a single way providing vehicular access to two or more properties. “Party wall” means a common wall shared by two attached structures, buildings, or dwelling units. “Path” means a cleared way for pedestrians or bicyclists that may or may not have been improved. "Patio cover" means an attached structure with open, screened or glazed walls which is used only for recreational, outdoor living purposes associated with the dwelling unit and not as carports, garages, storage rooms or habitable rooms. "Paved" means a durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks, or similar material. Crushed gravel, stone, rock, dirt, sand, or grass are not permitted as a paved surface. "Pavement width" means the cross-section width of a paved road measured from edges of pavement. “Pedestrian” means an individual who travels on foot. “Pedestrian walkway” means a right-of-way for pedestrians, separate from vehicular traffic and including access ramps, stairs, mechanical lifts, and routes through buildings and other areas that are available for public use. “Percolation test” means a test designed to determine the ability of the ground to absorb water and used to determine the suitability of soil for drainage or septic system use. "Perennial stream" means any stream which flows throughout the entire year, as shown as a solid blue line on a United States Geological Survey (USGS) Seven-Minute Topographic Series Maps (1:24,000). “Performance guarantee” means any security that may be accepted by a governmental entity to ensure that improvements required as part of an application for development will be satisfactorily completed. Examples, cash, surety bond, or letter of credit. “Permeable pavement system” means an alternate or supplemental stormwater management system using cast-in-place or pre-cast modular units, both of which create voids for gravel or grass. "Perimeter landscape area" means an area to be landscaped which is located between the buffer area required by the unified development code and the interior landscape area, as defined in the unified development code. "Permit" means the authorization, issued by the City of Stockbridge to the applicant that is necessary to conduct the activity that was applied for and approved. “Permitted use” means any use allowed in a zoning district as a matter of right. “Permittee” means any person to whom a permit is issued. "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivision of this State, any interstate body or any other legal entity. "Personal care home" means a personal care home is a single home where personal care services are provided to no more than six (6) nonfamily adults. Personal care services includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. A care home cannot provide nursing or other medical services or admit and retain residents who need continuous medical or nursing care (see O.C.G.A. § 31-7-12 for State requirements for personal care homes). The term "personal care home" does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and serving some or all of their own meals, nor does it include halfway houses, residential treatment facilities, nursing homes, sanitariums, hospital or other institutional facilities, or rooming or boarding facilities which do not provide personal care. “Personal services” means establishments primarily engaged in providing services involving the care of a person or their personal goods or apparel. Examples: laundry, including pressing and cleaning service; diaper service; linen supply; beauty shops; barbershops; shoe repair; steam baths; clothing rental; porter service; and domestic services "Pervious surface" means those areas which do not prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to or after development. “Pharmacy” means a place where prescription drugs and medicines are prepared and dispersed. "Phase" or "phased" means sub-parts or segments of construction projects where the subpart or segment is constructed and stabilized prior to completing construction activities on the entire construction site. “Place of worship” means (1) a church, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar belief; (2) a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis. “Planned Development” means an area of minimum size that is planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, industrial, office, and residential uses or a combination of such uses, an appurtenant common areas and accessory uses, customary and incidental to the predominant uses. “Planned Commercial Development” means an area of at least 10 acres in size to be planned, developed, operated and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate office, retail, commercial uses, and other uses incidental to the predominant commercial use “Planned Industrial Development” means an area of at least 10 acres in size to be planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant common areas to accommodate industrial, manufacturing, warehousing, office, retail, and commercial uses, and other uses incidental to the predominant industrial use. "Planned Unit Development" means development which has both residential and nonresidential land uses according to a master development plan, with related covenants and restrictions. Developments within a PUD project may have flexibility in the application of development standards when approved according to a master development plan, and to promote the conservation of natural resources, more efficient use of land, and, efficiency in the extension of streets and utilities. “Plat” means (1) a map representing a tract of land, showing the boundaries and locations of individual boundaries and streets; (2) a map of subdivision showing compliance with the requirement of all applicable sections of this UDO and any conditions of approval adopted by the Mayor and City Council. “Plat, final” means a map of all or a portion of a subdivision that is presented to the approving authority for final approval. Approval of the final plat is usually granted only upon the completion or installation of all improvements or the posting of performance guarantees ensuring the completion of such improvements. Final approval is required before the property can be transferred or building permits issued. “Plat, preliminary” means the approval of a preliminary plat merely gives the subdivider the authorization to proceed with the planning and development phase of the project. “Plaza” means an open space that may be improved and landscaped; usually surrounded by streets and buildings. "Pocket park" means a park for active or passive recreational uses consisting of no less than one-quarter (¼) of a net useable acre (or fourteen thousand two hundred fifty (14,250) square feet). Pocket parks may be consolidated, provided that the development contains no fewer than one-half (½) the number required and that any consolidated pocket park does not exceed one (1) net useable acre (or forty-three thousand five hundred sixty (43,560) square feet), nor contain less than one-half (½) a net useable acre (or twenty-one thousand seven hundred eighty (21,780) square feet). The purpose of pocket parks is to provide open space for recreational use within walking distance of most residences especially those located farthest from amenity areas. Therefore, where required, pocket parks shall be scattered throughout the development but more greatly concentrated in those parts of the development which are the greatest walking distance from an amenity area. “Portable On Demand Storage Unit (PODS)” means a lightweight storage containers that provide temporary storage for homeowners in yards or driveways. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter or any kind. "Pollution" means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. “Pop up stores” means retail space that is temporary, utilized for short term sales, ranging from one day to several weeks. "Portico" or "porch" means a covered entrance to a large building or a covered walkway, often leading to the main entrance of a building that consists of a roof supported by pillars. "Post-construction stormwater management" means stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan. "Post-development" refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. "Practicability policy" means the latest edition of the Metropolitan North Georgia Water Planning District's Policy on Practicability Analysis for Runoff Reduction. "Pre-development" refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.) the existing conditions at the time prior to the first item being approved or permitted shall establish predevelopment conditions. "Pre-development hydrology" means: 1. For new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development; and 2. For redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property. “Pre-existing use” means the use of a lot or structure prior to the enactment of this UDO. "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "Previously developed site" means a site that has been altered by paving, construction, and/or land disturbing activity. "Primary surface" means an area longitudinally centered on a runway extending two hundred (200) feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. "Principal building" means the building or structure containing or to contain the principal use of a lot. “Principal entrance” means the place of ingress and egress most frequently used by the public. "Principal permitted use" means that use of a lot which is among the uses allowed as a matter of right under the zoning classifications. (Also see "WCF principal" or "accessory use.") "Private deed restrictions or covenants" means private deed restrictions or covenants imposed on land by private land owners. They bind and restrict the land in the hands of present owners and subsequent owners. They are enforceable only by the land owners involved and not by the county or other public agency. “Prohibited use” means a use that is not permitted in a zoning district. "Project" means a single improvement or set of interrelated improvements undertaken together within a finite time period at a specific location. With regard to land development, a project may be identified as those construction activities authorized collectively by a building permit or other development approval, or for an interrelated collection of buildings and common public facilities such as a residential subdivision or an office park. "Project improvements" means site specific improvements or facilities that are planned, designed, or built to provide service for a specific development project and that are necessary for the use and convenience of the occupants or users of that project only, and that are not "system" improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or a "system" improvement, and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a "project" improvement or a "system" improvement. A project improvement may provide no more than incidental service or facility capacity to persons other than users or occupants of the particular project they serve. No improvement or facility included in a plan for public facilities and approved for public funding by the City of Stockbridge, Georgia, shall be considered a project improvement. "Property line." See "lot line." "Property owner" means that person or entity that holds legal title to property. "Proportionate share" means that portion of the cost of system improvements that is reasonably and fairly related to the service demands and needs of a project. "Protection area" or "stream protection area," with respect to a stream, means the combined areas of all required buffers and setbacks applicable to such stream. "Public facilities" or "public spaces" means: (1) Parks, open space, and recreation areas and related facilities; and (2) Public safety facilities, including police, inmate housing, fire, animal control, emergency medical, and rescue facilities; (3) Libraries and related facilities; and (4) Roads, streets, and bridges, including rights-of-way, traffic signals, landscaping, and any other components of State or Federal highways. “Public hearing” means a meeting announced and advertised in advance and open to the public, with the public given an opportunity to ask questions, comment, and participate "Public or private property" means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties. "Public streets" means right-of-way dedicated to the county or owned by the county for public street purpose. "Public utility" means firm, corporation, or local government authorities providing gas, electricity, communications service, and similar essential services. "Public water facilities" means mains and service lines owned and operated by the City of Stockbridge, the Henry County Water and Sewage Authority, or when approved by the mayor and city council, a private water system operating under the direct supervision of the DNR. Q "Qualified personnel" means any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19. “Quasi-judicial” means public officials whose acts are functionally comparable to those of a judge, and hence are immune personally from lawsuits. “Quorum” means a majority of the full authorized membership of a board or agency. R “Recreation, active” means leisure time activities, usually of a formal nature and performed with others, requiring equipment and taking place at a prescribed place, site, or field. “Recreation, passive” means activities that involve inactive or less energetic activities, such as walking, sitting, picnicking, and board and table games. “Recreation facility” means a place designed and equipped for the conducting of sports and leisure time activities. “Recreational vehicle” means a vehicular type portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as temporary living accommodation for recreational and camping purposes. These include: · Travel trailers – A vehicular unit, mounted on wheels, of such size and weight as not to require special highway moving permits with drawn by motorized vehicles (8.5 feet wide maximum) designated and constructed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF when used for camping in set up mode. · Truck camper – A portable unit, designed to be loaded onto or affixed to , the bed or chassis of a truck and constructed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF. · Motorhomes – A vehicular unit built on a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping, or travel use and not larger than 400 SF. All such vehicles shall have a current state license, inspection sticker, and registration and be titled in the name of the current owner. · Camper trailer – A vehicular unit mounted on wheels and constructed a collapsible partial side walls which fold for towing by another vehicle and unfold on the camp site and designed to provide temporary living quarters for recreational, camping, or travel use and not larger than 400 SF. · Tent – a moveable shelter made of canvas or other similar material and supported by a pole or poles and designed and manufactured to provide temporary living quarters for recreational and camping use. "Recycled water system" means a water system that captures and reuses water previously used in wash or rinse cycles. "Redevelopment" means structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site. Redevelopment does not include such activities as exterior remodeling. "Regulatory flood (regulatory flood elevation)" means the flood standard equal to or higher than the base flood. “Remodel” means to construct an addition or alter the design or layout of a building or make alterations or structural changes. “Rental housing” means housing that is occupied by a tenant paying rent to an owner, with no part of the rent being used to acquire equity in the property. “Repair major” means improvement requiring a building permit. “Repair minor” means improvement to correct deficiencies resulting from normal wear and tear and not requiring a building permit. “Residential district” means an area where buildings used for exclusively for residential purposes occupy more than 50% of the total street frontage. "Residence" means a home, abode, or place where an individual is actually living on a nontemporary basis. “Restaurant” means an establishment where food and drink are prepared, served, and consumed primarily within the principal building. “Restaurant, drive-in” means an establishment where food or drink is served to and consumed by a customer in automobile while parked on the premises. “Restaurant, Drive-through” means an establishment in which food or drink is served to customers within automobiles outside the confines of the building and where the consumption of food or drink is intended to occur off the premises. “Restaurant, take-out” means where food and or beverages are sold in a form ready for consumption, where or all or significant part of the consumption takes place of premises. “Retail food establishment, mobile” means a vehicle, usually a van, truck, towed trailer, or pushcart from which food and beverages are sold “Retail sales” means establishments engaged in the selling or rental of goods or merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods. “Retaining walls” means a structure that is constructed between the lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures. “Rezone” means to change the zoning classification of a parcel of land. "Right-of-way" means access over or across a particularly described property for a specific purpose. A strip of land intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, storm sewer, drainage structure, sewer line, or other similar use. "Riparian" means belonging or related to the bank of a river, stream, lake, pond, or impoundment. "Roadway drainage structure" means a device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one (1) side of a traveled way consisting of one (1) or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. “Roof” means the outside top covering of a building or structure. “Road frontage” means the distance on which a parcel of land adjoins a public street or public road right-of-way dedicated to and accepted by the city or the county for vehicular traffic or over which the city or the county may hold a prescriptive easement for public access, and including designated and numbered U.S. and state highways. “Road, minor collectors” means a road/street serving county-wide traffic, these roads collect traffic from local roads/streets and bring developed areas within a reasonable distance of a major collector road; provide service to smaller communities; and link the locally important traffic generators with other areas. “Road, major collectors” means the primary purpose of a collector road is to collect and distribute traffic between the local streets and the major and minor arterial streets and to provide access to adjacent properties. These roads, with minor collectors, primarily serve county rather than state traffic. More moderate speeds are typical. They serve traffic generators of intra county importance, such as consolidated schools, shipping points, county parks, and important business and agricultural areas. They link these places with nearby cities, arterials and freeways, and serve the more important intra county travel corridors. "Routine maintenance" means activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. "Runoff." See definition for "stormwater runoff." “Rural area” means a sparsely developed area, with population density of fewer than 100 persons per square mile, where the land is undeveloped or primarily used for agricultural purposes. S “Sanitary sewer” means an underground system that carries wastewater and sewerage to a treatment plant. "Saved tree" means a tree in which the critical root zone has not been disturbed by more than 25%. “Scale” means the relationship between distances on a map and actual ground distance; or, the proportioned relationship of a size of parts to one another. “Scale of development” means the relationship or a particular project in terms of its size, height, bulk, intensity and aesthetics to its surroundings. “School” means any building or part thereof, that is designed, constructed, or used for education or instruction in any branch of knowledge or skill. “Screen” means a structure, berm, or planting consisting of fencing and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property or a portion thereof. "Sediment" means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. "Sedimentation" means the process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity. "Self-service storage facility" or “self-storage facility” means a fully enclosed facility containing independent bays and/or self contained units which are leased to or owned by individuals exclusively for dead storage of goods or personal property. “Septic system” means an underground system with a septic tank used for the decomposition of domestic wastes. "Service charges" means the periodic rate, fee or charge applicable to a parcel of land, which charge shall be reflective of the service provided by the city stormwater utility. Service charges are based on measurable parameters which influence the stormwater utility's cost of providing services and facilities, with the most important factor being the amount of impervious area on each parcel of land. The use of impervious area as a service charge rate parameter shall not preclude the use of other parameters, or the grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat rate charges for one (1) or more classes of similarly situated properties whose impact on the stormwater utility's cost of providing stormwater management services and facilities is relatively consistent. Stormwater service charges may also include special charges to the owners of particular properties for services or facilities uniquely related to stormwater management of that property, including, but not limited to, charges for development plan review, inspection of development projects and on site stormwater control systems and enhanced level of stormwater services above those normally provided by the city. "Setback" means the horizontal distance between a building or building line and a property line or a buffer line in which a structure cannot be erected or, with respect to a stream, the area established by the unified development code extending beyond any buffer applicable to the stream. (Setbacks are illustrated in figure A.2.) "Screening" means a method of shielding or obscuring one (1) abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like. "Shrub" means a woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk. “Short-Term Truck Parking” means the parking of freight trucks for periods not to exceed 24 hours for overnight rest, mandatory breaks, or temporary parking. "Sidewalk area" means an area improved for walking along an existing street, primary grid, or secondary grid that begins at the street curb, or edge of pavement if no curb exists, and consists of a contiguous and continuous landscape zone and pedestrian zone. (1) "Sidewalk planted landscape zone" means the paved or unpaved portion of the sidewalk area adjacent to the street and reserved for trees, groundcover, and street furniture including, waste receptacles, traffic signs, newspaper boxes, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility. (2) "Sidewalk clear zone" means the paved portion of the sidewalk area reserved for pedestrian passage and unobstructed by any permanent objects to a height of eight (8) feet above the paved surface. The pedestrian zone shall be adjacent to the landscape zone and shall have a consistent cross-slope not exceeding two percent (2%). “Sight triangle” means the triangular shaped portion of land at street intersections in which nothing is erected placed, or planted or allowed to grow as to limit obstructions to the sight distance of motorists entering or leaving the intersection. "Sign" means every device, item, product, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed in view of the general public. For the purpose of determining number of signs, a single display surface or a single display device containing different elements that are organized, related, and composed to form a unit shall be considered to be one (1) sign. Where different elements are displayed in a random manner without an organized relationship to each other, or where there is reasonable doubt as to the relationship of different elements to each other, each element shall be considered to be a single separate sign. “Sign, animated” or “sign, moving” means a sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. “Sign, awning” means a sign that is mounted, painted, or attached to an awning or other window or door canopy that is otherwise permitted by this UDO. “Sign, banner” means a temporary sign of cloth or similar material. “Sign, blade” means a vertically oriented wall sign, also known as a projecting sign. “Sign, canopy” means a sign attached to the underside of a canopy. “Sign, digital” means changeable electronic variable message signs that have changeable messages or displays and meet the requirements related to the duration of messages, transition time, lighting, and brightness. “Sign, directory” means a sign listing the tenants or occupants of a building or group of buildings. “Sign, electronic” means a sign composed of content or messaging can be changed or altered on a fixed display screen composed of electrically illuminated segments. “Sign, entrance” means a sign placed near the intersection of a public street and a public or private entryway into a residential or mixed-use development that identifies the name of the development. “Sign, flashing” means any sign with a message area that electronically scrolls, flashes, varies in illumination, rotates, or changes more often than once every fifteen (15) seconds. “Sign, freestanding” means sign not affixed to a building. “Sign, ground” means any sign principally supported by uprights or braces which are permanently placed into the ground and not supported by or suspended from any building or structure. A ground sign is a type of freestanding sign. “Sign, hand-held" means any sign greater than 36 square inches (0.25 square feet) that is carried or physically supported by a person. “Sign, hanging” means a sign that hangs below, and it supported by, a marquee, canopy, or awning and is perpendicular to the building face. “Sign, holiday decoration” means temporary signs, in the nature of decorations, and customarily and incidentally associated with a national, local, or religious holiday. “Sign, illuminated” means a sign lighted by or exposed to, artificial lighting either by lights on or in the sign or directed toward the sign. “Sign, inflatable” means any display capable of being expanded by air or other gas. “Sign, informational” means a sign not permanently installed in the ground with an area of not greater than four (4) square feet, and a height no greater than three (3) feet. with a sign face made for short term use, containing no reflecting elements, flags, or projections. Standard information signs are mounted on one or more stakes or metal frames, with a thickness or diameter not greater than two (2) inches each. “Sign, internal” means a sign that is not intended to be viewed from outside the subject property and is located so as not to be visible from any public right-of-way or from any other nearby property. “Sign, landmark” means a sign that has historical or cultural significance due to a combination of its physical features and period reference based on construction type, lighting method, style, materials, technology, shape, or art. Such examples include metal frame roof signs, neon signs, and tower-style freestanding signs. “Sign, mobile” means any sign that is either part of or otherwise affixed to any trailer or vehicle, whether motorized or non-motorized, intended for long-term display at a particular location. “Sign, monument” means a freestanding sign of which the entire bottom of the sign is generally in contact with or near the ground providing a solid and continuous background for the sign face from the ground to the top of the sign. The structure shall be at least as wide as the sign and shall be constructed of brick, stone, or an architectural masonry material. “Sign, multi-faced" means a sign with two (2) faces mounted or placed on the same structure that form a geometric angle of less than 45 degrees at their vertex. The characteristics of the largest sign face shall be used to determine compliance. “Sign, portable” means a temporary sign, such as a sidewalk, sandwich, or A-frame sign, designed to be transported or easily relocated and not permanently attached to the ground and not otherwise permanently affixed to it as otherwise required by the building code. “Sign, projecting” means any sign which is attached perpendicular to a building or structure and projects outward from the portion of the building or structure to which it is attached. “Sign, pylon or pole” means a freestanding sign, mounted on one or more groundmounted support poles or structures. “Sign, roof” means any sign erected upon or above a roof structure and wholly supported by the roof structure or a structure placed upon the roof. “Sign, sidewalk or sandwich” means a movable A-Frame sign. “Sign, snipe” means any device created for the purpose of reflecting light directed at the device so as to render the device especially visible. “Sign, stake” means a temporary yard sign supported by at least one (1) upright stake placed into the ground, with a sign area not greater than eight (8) square feet. “Sign, temporary” means any sign or device which is not temporarily attached to the ground or other permanent structure, which is designed to be mobile or is designed to remain in place for a limited time, such as balloons, banners, and mobile signs. “Sign, wall” means a sign fastened to or painted on, the wall of a building or structure in such a manner as the wall becomes the supporting structure for or forms the background surface of the sign, and that does not project more than 12 inches from such building or structure. “Sign, window” means a permanent sign that is painted or mounted on a window pane or hung directly inside a window for the purpose of identifying the sign from the right-of-way or street. “Sign area” means the face of the sign, including letters, numerals, or graphics, but excluding any framing, trimming, molding or supporting structures. “Sign face” means the area or display surface on a sign used for the message. "Significant tree" means any existing, healthy, living tree eight (8) inches DBH or greater in size. “Silviculture” means a process, following accepted forest management principles, whereby forests are tended, harvested, and reforested either by natural or artificial reforestation, or both. "Site" means an area of land where development is planned, which may include all or portions of one (1) or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit. “Site” also means the location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure. “Site plan” means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot including topography, vegetations, drainage, floodplains, and waterways; landscaping and open areas; walkways; means of ingress and egress; circulation; utility services; structures and buildings; lighting; berms, buffers, and screening devices; surrounding development; and other information that may be reasonably required in order for the governing authority to make an informed decision. “Site plan, minor” means a Development Plan involving an alteration or small addition to an existing development in which the increase in floor area is less than 10% of the existing floor area, does not require a new street or an extension of an existing street, does not require offtract improvements, and does not require variances. "Small box discount store" means a retail store: (1) With floor area less than twelve thousand (12,000) square feet; (2) That primarily offers for sale a combination and variety of convenience shopping goods and consumer shopping goods; and (3) Continuously offers and advertises a majority of the items in their inventory for sale at a price less than ten dollars ($10.00) per item. Small box discount store shall not include the following: Drug stores or a convenience stores attached to or collocated with fuel stations. "Solar energy system (SES)" means a device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications. For purposes of the City of Stockbridge zoning code, SES refers only to: (1) Photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device; or (2) Solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling. SES as used in the City of Stockbridge zoning code excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity. "Solar energy system, integrated" means an SES where solar materials are incorporated into building materials, such that the two (2) are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter. "Solar energy system, rooftop" means an SES that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an integrated SES. "Solar energy system, ground mounted" means an SES that is structurally mounted to the ground and does not qualify as an integrated SES. For purposes of the Stockbridge zoning code, any solar canopy that does not qualify as an integrated SES shall be considered a ground mounted SES, regardless of where it is mounted. The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in calculating the footprint. Ground mounted SESs shall be delineated by size as follows: (1) "Solar energy system, ground mounted small scale (small scale SES)" means a ground mounted SES with a footprint of less than two (2) acres. (2) "Solar energy system, ground mounted intermediate scale (intermediate scale SES)" means a ground mounted SES with a footprint of between two (2) and fifteen (15) acres. (3) "Solar energy system, ground mounted large scale (large scale SES)" means a ground mounted SES with a footprint of more than fifteen (15) acres. “Solid waste” means putrescible and non-putrescible wastes, except water-carried body waste, and shall include garbage, rubbish, ashes, street refuse, dead animals, sewage sludges, animal manure, industrial wastes, abandoned automobiles, dredging wastes, construction wastes, hazardous wastes and any other waste material in a solid or semi-solid state not otherwise defined in these regulations. "Solid waste management facilities" means public or private disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating, or disposal of garbage, sewage, rubbish, offal, oil field wastes, hazardous waste, or other waste material originating on or off the premises. "Special event" means a gathering or event for which the promoter or other person, firm, or corporation holding or producing the event must obtain a permit. "Special use" means a use within a certain zoning districts of this chapter which is not permitted as a matter of right, but may be permitted within these districts by mayor and city council. A special use is permanent in nature. “Specimen tree” means a particularly impressive or unusual example of a species because of its size, age, shade, or other trait that epitomizes the character of the species. "Stabilization" means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. "Stable, private" means a stable with a capacity of not more that four (4) horses, mules or other draught animals. "Stable, public" means a stable other than a private stable with a capacity of more than four (4) horses, mules or other draught animals. "Start of construction" means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days after the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "State waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation, except any project involving less than one (1) acre of disturbed area and as may be defined in O.C.G.A. § 12-7-17(7). "Stormwater concept plan" means an initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan, including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design. "Storm drainage system" means publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs and other drainage structures. "Stormwater management plan" means a plan for post-construction stormwater management at the site that meets the requirements of Chapter 17 and is included as part of the land development application. "Stormwater management standards" means those standards set forth in Chapter 17. "Stormwater management system" means the entire set of non-structural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. "Stormwater pollution prevention plan" means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable. "Stormwater runoff" means flow along the surface of the ground, resulting from precipitation. "Stream" means any stream, beginning at: 1. The location of a spring, seep, or groundwater outflow that sustains stream flow; or 2. A point in the stream channel with a drainage area of twenty-five (25) acres or more; or 3. Where evidence indicates the presence of a stream in a drainage area of other than twenty-five (25) acres, the City of Stockbridge may require field studies to verify the existence of a stream. "Stream bank" means the sloping land that contains the stream channel and the normal flows of the stream. "Stream channel" means the portion of a watercourse that contains the base flow of the stream. "Street" means any right-of-way, public or private, including arterials, collectors, local roads, and roadways by any other designation, as well as bridges, tunnels, andy other portions of the transportation network. “Street” also means the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, curb and gutter, sidewalks, drainage ditches and structures, and other areas within the right-of-way lines. (1) "Alley" means a strip of land providing vehicular and pedestrian access to the rear of properties which abut and are served by a public street. (2) "Boulevard" means a street developed with two (2) one-way pavements separated by a landscaped median. (3) "Collector street" means a public street whose function is to collect traffic from local streets and neighborhoods and connects to another public street of equal or greater classification. A collector may also provide direct access to adjacent properties. (4) "Cul-de-sac" means a dead-end local street, of limited length, opened at one (1) end and closed at the other by a permanent turnaround. (5) "Dead-end street" means a local street open at one (1) end and closed at the other. (6) "Expressway" means the expressway system, which includes high volume limited access thoroughfares through the county and region beyond. (7) "Frontage road" means a street which is parallel to, and adjacent to major thoroughfare and which provides access to abutting properties and protection from through traffic. (8) "Local street" means a public street that serves a limited area and whose primary function is to provide direct access to adjoining properties. (9) "Major arterial" means a public street whose primary function is to connect two (2) highways of equal or greater classification or capacity, provide primary access to a large land area, provide access to a large traffic generator, or connect two (2) or more towns or communities. The secondary function is to provide local access. (10) "Minor arterial" means a public street that serves an intermediate function between collectors and major arterials, and also serves as a traffic feeder to major arterials and for cross-country and regional travel. (11) "Stub street" means a dead-end street at adjoining property lines intended for future extension to serve the development of adjoining areas. “Street furniture” means constructed, above ground objects, such as outdoor seating, kiosks, bus shelters, sculptures, trash receptacles, planters, bollards, fountains that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and outdoor spaces. "Structure" means anything constructed or erected with a fixed location principally above or on the ground or attached to something having a fixed location on the ground including a walled and roofed building, manufactured home, or gas or liquid storage tank. (1) "Structure, principal" means the building or structure in which the primary use permissible on the lot is conducted. (2) "Structure, accessory" or "accessory use" means a building subordinate to the principal building or use on a lot and used for purposes incidental to the principal building or use and located on the same lot therewith. An accessory structure shall not be erected on a lot prior to the time of construction of the principal structure to which it is accessory. "Structural erosion, sedimentation, and pollution control practices" means practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, and sediment traps, etc. Such practices can be found in the publication "Manual for Erosion and Sediment Control in Georgia. "Structural stormwater control" means a structural stormwater management facility or device that controls stormwater runoff and charges the characteristics of that runoff, including, but not limited to, the quantity and quality, the period of release or the velocity of flow. "Subdivision" means the division of a parcel or tract of land into more than one (1) or more lots or building sites for the purpose, whether immediately or in the future, of sale, of creating sites for development, the rearrangement of existing lot lines, or for the purpose of transfer of ownership and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway. “Subdivision, consolidation” means the combining of individual recorded lots to form fewer tracts than currently exist. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. “Subdivision, minor” means any subdivision of land that does not involve the following (1) creation of more than the maximum number lots allowed by this UDO for that district; (2) any new street; (3) the extension of any off-tract improvements. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. "Substantial improvement" means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure prior to the improvement. The market value of the building means: (1) The appraised value of the structure prior to the start of the initial repair or improvement; or (2) In the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the director, and not solely triggered by an improvement or repair project. "Substantially improved existing manufactured home park or subdivision" means where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. “Surface area” is the total exterior area, calculated my measuring the height and with of each building façade, including projections. T “Telecommunications tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas: self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, and cellular communications towers. “Tenant frontage” means the horizontal distance in feet between the left-side wall and the right-side wall or building end wall of a tenant space fronting on a street. “Theater” means a building or part of a building used to show motion pictures or drama, dance, musical or other stage performances. "Timber harvesting" means the felling, loading, and transporting of timber products (pulpwood, etc.). The term "timber harvesting" may include both clear cutting and selective cutting of timber. “Tiny house” means a detached single-family dwelling of compact design intended for permanent residential occupancy, constructed on a permanent foundation in accordance with the Georgia State Minimum Standard Residential Code, as amended, and containing not less than four hundred fifty (450) square feet and not more than six hundred (600) square feet of floor area, excluding lofts, attached porches, garages, and accessory structures. A Tiny House shall comply with the Tiny House requirements established in Section 3.2. of this UDC “Tiny house on wheels (THOW)” means a dwelling unit constructed on a trailer chassis or other movable platform that is designed to be transported on public roadways and is not permanently affixed to a permanent foundation. A Tiny House on Wheels shall not be considered a dwelling unit or a permitted residential use under this UDC. “Tiny house village development” means a residential development consisting of multiple Tiny Houses, multiple Cottage Homes, or a combination of both, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.41 of this UDC. “Tot lot” means an improved and equipped play area for small children, usually up to elementary school age. "Tower” or “tower support structure" means any structure designed and constructed primarily for the purpose of supporting one (1) or more antenna arrays, including selfsupporting lattice towers, guy tower, or monopole towers. The term shall include radio and television transmission towers, microwave towers, common-carrier towers, PCS service towers, cellular telephone towers, alternative tower structures, and the like. (1) "Monopole tower" means a cylindrical self-supporting communications tower constructed as a single spire. “Townhome” A residential dwelling unit constructed in a building containing three (3) or more attached dwelling units, with each unit having its own individual entrance. Townhomes may be developed on a common lot or on individually platted lots in accordance with the requirements of the applicable zoning district. "Tractor trailer storage" means property used for the long term-controlled storage of tractor trailers which include permanent office or security facilities. "Traffic impact study (TIS)" is an important tool in the overall development planning process (residential, commercial, industrial, institutional, etc.). It provides information which identifies impacts of proposed developments on the existing, short range and long range roadway/circulation networks. It also identifies mitigation measures for the impacts identified. Traffic impact studies shall be conducted by a qualified professional. “Transparency” is the minimum percentage of windows and doors that must cover a facade. “Transportation Improvement Project” means the construction, reconstruction, retrofit, or alteration of any street, and includes the planning, design, approval, and implementation processes, except that “Transportation Improvement Project” does not include routine upkeep such as cleaning, sweeping, mowing, spot repair, or pavement resurfacing. "Tree" means any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three (3) inches at any point and a height of over twelve (12) feet. "Tree defects." Tree defects can be of two (2) kinds: Injury or disease that seriously weakens the stems, roots, or branches of trees, predisposing them to fail or structural problems arising from poor tree architecture. Tree hazards include dead or dying trees, dead parts of live trees, or unstable live trees due to structural defects or other factors that are within striking distance of people or property. "Tree density unit (TDU)" means a credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this chapter. "Tree density standard (TDS)" means the minimum number of tree density units per acre which must be achieved on a property after development. "Tree diameter" means the widest cross-sectional dimension of a tree trunk measured at the diameter at breast height (DBH). "Tree protection area" means any portion of a site wherein are located existing trees which are proposed to be preserved to comply with the requirements of this UDC. "Tree removal" means the physical act of cutting down and removing a tree from a site. "Tree replacement/protection plan" means a plan that identifies tree protection areas where existing trees are to be preserved and where proposed replacement trees are to be planted on a property to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information. “Tree service” means a business whose primary operation is the trimming or removal of trees and the storage and use of associated equipment and vehicles. "Tree thinning" means selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way, shall be construed as clear cutting. "Trout streams" means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. “Truck staging or waiting area” means an area used for temporary truck waiting, dispatching, queueing, or idling generally not to exceed four (4) hours. For the purposes of this UDO, this definition shall not include loading zones associated with active loading and unloading activities. “Truck stop” means facility for parking of freight trucks for periods not exceeding twentyfour (24) hours for overnight rest, mandatory breaks, or temporary parking. “Truck storage facility” means a facility for the parking or storage of freight trucks for periods exceeding twenty-four (24) consecutive hours. Long-Term Truck Parking is not intended for short-term or overnight stays of drivers. “Truck terminal” means an area and building where trucks load and unload cargo and freight and where car and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. U "Understory tree”, “medium tree,” or “small tree" means a class of trees and large shrubs that do not attain the height of a canopy or shade tree, yet are large enough at maturity to provide shade for people, as well as many of the benefits of larger shade trees. Examples include Dogwood, Red Bud, Crabapple, Crepe Myrtle, Wax Myrtle, Ornamental Cherry, Hawthorne, and tree-type type hollies. "Undeveloped land" means land in its unaltered natural state or which has been notified to such minimal degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed undeveloped. Undeveloped land shall have no pavement, asphalt or compacted gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate or flow in a manner materially different than that which would occur if the land was in an unaltered natural state. "Undisturbed buffer" means a buffer, either impervious or vegetated, in which no encroachment of buildings or structures is permitted. "Unit of development" means the standard incremental measure of land development activity for a specific type of land use upon which the rate of demand for public service and facilities is based, such as a dwelling unit, square foot of floor area, motel room, etc. "Utility" means public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads. “Utility box” means electric transformers, switch boxes, telephone pedestals, and telephone boxes, cable television boxes, traffic control boxes and similar devices. “Utility corridors” means rights-of-way or easements for utility lines on either publicly or privately owned property. “Utility services” means the generation, transmission, and/or distribution of electricity, gas, steam, communications and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation. V “Vacancy” or “vacant” means any unoccupied land, structure, building or part thereof that is available and suitable for occupancy. "Variance" means a grant of relief from the site design requirements of the unified development code related to dimensional standards for lots, building placement, building height, and parking spaces. "Vegetative erosion and sedimentation control measures" means measures for the stabilization of erodible or sediment-producing areas by covering the soil with: 1. Permanent seeding, sprigging or planting, that produces long-term vegetative cover; 2. Temporary seeding that produces short-term vegetative cover; or 3. Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication "Manual for Erosion and Sediment Control in Georgia. "Vehicle, abandoned" means a vehicle which does not bear a current State license plate, unless said vehicle is stored within a completely enclosed building or it is stored on a bona fide sales lot and is in satisfactory operating condition. “Village center” means a residential development consisting of multiple Tiny Houses, multiple Cottage Homes, or a combination of both, designed as an integrated neighborhood with common open space, pedestrian connections, community amenities, and unified site planning in accordance with the requirements of Section 3.2.41 of this UDC. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management or development regulations. A structure or other development without the elevation certificate, other certificates, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. W “Wall” means (1) the vertical exterior of a building; (2) one of the vertical interior surfaces that divide the building into rooms. “Warehouse” means a building used primarily for the storage of goods and materials. “Waste” means an unusable or unwanted substance or material. “Waste transfer station” means a facility used to transfer solid waste from one transportation vehicle to another for transport to a disposal facility or processing operation. "Watercourse" means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed, and banks and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater. "Watershed" means the land area that drains into a particular stream. "Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. "Wireless communications" means any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless communications services, including cellular, digital communications (DCS), personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio and television communications, and similar services that currently exist or that may in the future be developed. "Wireless telecommunications facility" means a structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes without limit, new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. “Work day” or “working day” means a calendar day on which the offices of the City are open for normal business, excluding Saturdays, Sundays, and legal holidays observed by the City. "Wrecker service" means the recovering or removing wrecked, junked, abandoned, disabled or repossessed vehicles by a person, vehicle, or piece of equipment employed, especially a truck with a hoist and towing apparatus. Vehicle storage areas are only allowed with an approved conditional use. Dismantling of stored vehicles for resale purposes shall be prohibited. “Wrested vegetation” means as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action. X “Xeriscape” means landscape design encouraging the use of drought resistant plants and ground cover, as well as water conservation and retention techniques. Y "Yard" means a required open space located on the same lot as the principal building, unoccupied and unobstructed except for accessory uses, vegetation, and fences (1) "Front yard" means that area of a lot lying between the abutting street right-of-way line and the principal building of the lot and extending across the front of a lot from side lot line to side lot line. The front yard of a corner lot shall include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. The front yard of a lot existing between two (2) streets not intersecting at a corner of the lot, shall be that yard abutting the street on which adjoining properties face, unless otherwise determined on a recorded plat or in a recorded deed. (2) "Rear yard" means that area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot. The rear yard of a corner lot shall not include the yard abutting the street with the least frontage, unless otherwise determined on a recorded plat or in a recorded deed. (3) "Side yard" means the area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard. “Yard sale” means the sale of miscellaneous used items, commonly associated with residential use, by the owner and/or occupants of a residential property on that property. Z "Zoning district" means the use classification of parcels of land as generally defined under this unified development code. "Zoning map" means a map of the City of Stockbridge, Georgia, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. "Zoning ordinance" means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein. O.C.G.A. § 36-66-3. 
