§ 16.1. Highway 92 Village Ordinance.

16.1-1

Legislative purpose. This ordinance shall be known as the Highway 92 Village Ordinance (hereinafter referred to as the "Highway 92 Village Ordinance"), and shall serve to encourage developing as one project, tracts of land that are sufficiently large to allow a mixed-use development consisting of uses permitted under this article, and only such permitted uses, while maintaining compatibility with the existing areas and creating an attractive, efficient and stable environment. It encourages a mixture of prominently sited office/institutional, commercial establishments, civic or community buildings and housing types to provide a balanced mix of activities and public spaces.

16.1-2

Legislative objectives.

(1)

The Highway 92 Village Ordinance serves as a development standard for the Highway 92 Corridor. This development standard provides for a uniform landscape and design theme along this improved road. The specific design and land use policies are a comprehensive plan for the Highway 92 Corridor of Cherokee County, Georgia.

(2)

The Highway 92 Village Ordinance calls for a pattern of commercial and office buildings constructed in eighteenth and nineteenth century architectural styles. The regulations recognize and are intended to protect and preserve the established residential areas located to the north and south of the improved road. The incorporation of buffering techniques seeks to assist in the preservation of adjoining residential areas by providing a unique transition zone rather than the traditional descending density theory.

(3)

The Highway 92 Village Ordinance is intended to generate quality development along the expanded Highway 92 thoroughfare while promoting economic, cultural, open space and safety features to promote the public welfare. This orderly planning system is intended to attract quality development as described in the permitted uses of this ordinance.

16.1-3

Boundaries. There is hereby created the Highway 92 Village Ordinance, the boundaries of which shall extend 1,000 feet to the North of the centerline of Highway 92 and 1,000 feet to the south of the centerline of Highway 92 from its intersection with Interstate Highway 75 eastward to the Cobb County line. The Highway 92 Village Ordinance applies to all properties located in this corridor, with the exception of residential platted subdivisions, deed restricted residential subdivisions and residential neighborhoods established as a result of the creation of a homeowners association or a petition to the county commission.

16-1.4

[Uses].

(a)

Permitted uses within the Highway 92 Village Ordinance. The following uses, and only the following uses, shall be permitted within any development permitted pursuant to this Ordinance:

Antique shops

Apparel and accessory stores

Appliance sales and repair shops

Bakeries

Bank or financial institutions

Bicycle shops

Books, cards and stationary stores

Barber shops and beauty salons

Carpentry shops

Churches

Clinic (public or private)

Community centers

Cultural facilities

Curio and souvenir shops

Day care facilities (shall have at least 150 square feet of outdoor play area, and at least 35 square feet of indoor space provided for each child. The outdoor play area shall be enclosed by a fence at least four feet high)

Drug stores, pharmacies

Equipment supplies (medical, dental, art)

Florist shops

Farmer's markets

Garden, landscaping supplies

Government buildings

Greenhouse and plant nurseries

Grocery, general merchandise stores

Hardware, paint and wallpaper stores

Health clubs and facilities

Hobby, toy and game stores

Ice cream parlors

Jewelry stores

Laundry/dry cleaning facilities (pick-up)

Office supplies

Office (businesses)

Professional offices

Parks

Pet shops and dog grooming shops

Printing, publishing and engraving shops

Restaurants

Retail stores, common merchandise

Schools

Shoe repair shops

Service stations (All buildings and appurtenances are to be located at least 400 feet from any residential property line; and that all fuel is stored underground outside of any public right-of-way.)

Single-family detached dwellings units (Minimum lot size shall be 9,000 square feet for the area designated for this use.)

Single-family attached dwellings units (A maximum of six dwelling units per acre for the area designated for this use.)

(b)

Prohibited uses within the Highway 92 Village Ordinance. No use which is not specifically enumerated in section (a) above (including, without limitation, the following uses) shall be allowed within the Highway 92 overlay district:

Automobile garages or repair shops

Adult video shops

Billiard parlors

Check cash services

Drive-in theaters

Farm equipment sales/storage

Mini-warehouse facilities

Manufactured home sales

Motels with outside entrances

Nude/semi-clothed dancing establishments

Itinerant merchants

Pawn shops

Recreational vehicle sales/service/repair facilities

Short-term loan offices

Truck terminals

Used tire sales/repair shops

New and used automobile/vehicle dealerships/salvage lots/scrap yards

16.1-5

Minimum development standards and development regulations for the corridor.

(a)

Basic site details. It is the express legislative intent of the governing authority to discourage strip commercial development and enhance traffic safety along Highway 92. Accordingly, the ordinance provides for:

(1)

Consolidation of parcels for development to a minimum of seven acres.

(2)

Minimization of curb cuts on Highway 92, by requiring a minimum frontage of 400 feet for assembled parcels.

(3)

Individual parcels in the Highway 92 Corridor shall have a minimum of 28 feet of frontage.

(b)

Minimum development standards table. The following minimum dimensions and requirements shall apply to all permitted uses under the Highway 92 Village Ordinance.

Proposed Use-Type Within the Corridor	Project Criteria		Buffers, Berms, Landscape Treatments				Minimum Lot Width At Building Line	Maximum Building Height	Interior Building Setbacks
	Project Minimum Acreage	Project Minimum Frontage	Street-scape Adjacent to Hwy 92/Other Right-Of-Way	Adjacent Preexisting or Zoning Developments					Front	Side	Rear
				Single Family	Multi Family	Commercial Institution
Single Family Lot Size 18,000 Sq. Ft. or greater	7	400	40/10	0	75	75	60	40	30	10	30
Single Family Lot Size 9,000 — 17,999 Sq. Ft.	7	400	40/20	30	75	75	60	40	30	10	30
Commercial/Institutional	7	400	40/40	75	75	40	N/A	40	20	10	30
Small Tracts under 7 acres	18,000 Sq. Ft.	28	40/40	40	0	0	N/A	40	20	10	30

 

(c)

Development regulations for the corridor.

(1)

Streetscape theme.

a.

Front yard areas shall contain landscaping at least 40 feet in depth along the entire property frontage except where driveways may be required.

b.

A three-rail fence of appropriate style, white in color, shall be required within two feet of the margin of the right-of-way of Highway 92.

c.

A major tree not less than two inches DBH as indicated in the tree ordinance shall be planted every 40 feet on center along the entire roadway frontage of the property within the landscape strip.

d.

Landscaping shall utilize fences, berms, connecting sidewalks, trees and other plantings.

(2)

Utilities. All site utilities shall be located underground.

(3)

Architecture.

a.

Buildings shall be designed to substantially resemble eighteenth and nineteenth century architectural styles with the exception of single family detached residential developments.

b.

Building mass shall be broken up to give the appearance of individual buildings or places of business, presenting a village appearance.

c.

Large areas of uninterrupted brickwork shall be broken up through the use of trellises, arcades, blind windows, archways, or other patterns.

d.

Window areas shall not extend down to the floor line. A wall of not less than two feet in height shall separate the floor from the bottom of the window frame.

(4)

Building materials.

a.

Buildings shall have no less than 80 percent of the non-glass area of three exterior sides faced with brick of a natural color and texture that simulates historic types of brickwork. If a building has more than four planar areas, 75 percent of these areas shall be faced in brick.

b.

Multipane windows shall be used in individual window openings, rather than large glass sheets.

c.

Mirrored glass with a reflection greater than 20 percent and glass curtain walls are prohibited.

d.

Paint colors shall be of traditional, historic types which are generally muted tones such as ivory, cream, beige, white, and pastel colors. Colors which are not permitted are bright or vibrant colors of orange, pink, purple, bright green, or violet, which are considered to be inconsistent with the district. The exterior color scheme shall be approved by the director of planning and zoning.

(5)

Roof lines.

a.

All buildings shall have a pitched roof with a minimum pitch of four and one-half inches vertical elevation per one foot of horizontal distance, except as otherwise provided herein.

b.

Commercial building styles without a pitched roof shall have a detailed parapet and cornice, in keeping with eighteenth and nineteenth century architectural styles.

c.

All roofing materials shall be of a consistent style and pattern. Pitched roofs shall be finished in either architectural or dimensional shingles, or standing seam metal roofs.

(6)

Signage.

a.

Freestanding signs.

i.

All freestanding signs shall be of a monument style and constructed only of brick or stone materials to match or compliment the principal structure or structures located on the site.

ii.

A monument base shall consist of:

A.

A solid base or framework, the same width and length of the sign. Said base shall be completely covered in brick or stone facing; or,

B.

Two columns, each not less than two inches square supporting the sign on each side. The total span of said columns shall equal the total width and length of the sign box, and shall be connected at the base by a planter or monument not less than three inches in height.

iii.

If the sign lists multiple tenants the sign shall be of a uniform background, lettering style and color.

b.

Wall signs.

i.

Signs with interior illumination are prohibited.

ii.

Illuminated wall signs shall be channel-type letters only. No internally illuminated box signs or illuminated canopies are allowed.

iii.

Open channel letters shall be common colors such as red, yellow, green, blue, brown, white, black, or pink. Colors that are not allowed are bright or vibrant colors of purple, bright green, bright red, or violet. No sign shall give off light that glares, blinds or has any other such adverse effect on traffic. The light from an illuminated sign shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways. All signs shall be approved by the director, planning and economic development.

iv.

Specific dimensional requirements for all signage are governed by the Sign Ordinance of Cherokee County, Georgia.

c.

The following signs are prohibited:

i.

Signs involving motion, rotation, or sound, other than flags or streamers which are blown by the wind.

ii.

Flashing, blinking, varying, varying light intensity signs or animated signs, except community information signs.

iii.

Courtesy benches, trash cans, and similar devices on which advertising is displayed.

iv.

Signs attached to any street signs or markers, traffic control signs or devices, or attached to or painted on any pole, post, tree, rock, shrub, plant or other natural object or feature.

(7)

Traffic access requirements. Access to Highway 92 must comply with all county and state traffic access requirements. Internal roadways or vehicular connections making developments accessible to each other shall be used whenever possible to discourage traffic congestion on Highway 92.

(8)

Parking. Each development shall provide not less than two nor more than four parking spaces per 1,000 square feet of gross building floor area for all uses except residential development.

(9)

Buffers and setbacks. The intent of buffers is to provide a year round visual screen such as evergreen trees between adjacent properties and the new development. All buffers and setbacks shall be as required by this Ordinance. Any application for a design plan approval submitted to the director of planning and zoning shall include a tree survey and landscape plan, with buffers, prepared by a landscape architect.

(10)

Landscaping requirement.

a.

A landscaped berm of no less than three feet in height or evergreen landscape planting no less than three feet in height at the time of planting shall be provided to screen vehicular parking areas, loading areas, and dumpsters from view from Highway 92.

b.

Trees shall not be disturbed to any greater extent than absolutely necessary to construct any building or other improvement in the opinion of the county engineer, building official or the planning director of Cherokee County, Georgia.

c.

Existing (undisturbed) landforms, trees and other elements such as berms with asymmetrical clumps of plants, trees and shrubs indigenous to the area and region of Georgia shall be provided where possible within landscape areas.

(11)

Renovations. Renovations to preexisting nonconforming buildings which require a building permit shall include: monument signage and ivy on trellises on the exterior of buildings.

[16.1-6].

Project filing, review and approval procedures.

(a)

Preapplication conference. Prior to the formal submittal of a design plan, the developer shall meet with planning director for a review of the location, scope and nature of the proposed project. No preliminary plans, drawings, sketches or concept plans approved informally, in writing, or otherwise shall confer any development rights under this Ordinance. Only design plans (as defined herein) which are approved as authorized by this Ordinance shall confer development rights.

Each design plan shall be prepared by an architect, landscape architect, engineer, or land surveyor whose state registration is current and valid, or by a professional planner holding full or associate membership with the American Planners Association. Each design plan shall contain a site plan, architectural elevations, landscape plan, and line-of-study drawn to an appropriate scale and shall include the following:

(1)

Name: Name(s) of the proposed development. Name(s), signature(s), and address(s) of the owner(s) and the designer(s) of the site plan.

(2)

Date: Date, approximate north arrow, and scale.

(3)

Boundaries: The boundary line of the land tract shall be shown on a survey plat prepared sealed by a registered land surveyor.

(4)

Location map: A map to an approximate scale showing the location of the proposed development.

(5)

Contours: Contours with a minimum vertical interval of five feet referenced to sea level datum shall be provided for existing topography and proposed elevations.

(6)

Site analysis: The location of existing or proposed platted property lines, streets, buildings, water courses, bridges, water mains, drain pipes, and public utility easements, the owners of record of adjoining parcels, and the zoning classification(s) of the adjoining property.

(7)

Buffer areas: Location, dimensions, and treatment of all required buffers, landscaped or planted, including fences, walls, berms, and signage.

(8)

Other information: Other information required by the planning director to ensure compliance with the provisions of this Ordinance.

(9)

Tree preservation plan: A design outlining the proposed scope of tree preservation.

(b)

Review and approval. All applications for design plan approval shall contain a design plan meeting the requirements of this Ordinance and shall be reviewed by the Cherokee County Community Development Director. No review or approval of the board of commissioners or the planning commission will be required. The community development director shall, within seven days of filing of a completed application for approval of a design plan under this ordinance, give public notice of said application in a local newspaper of general circulation in Cherokee County. The notification shall summarize the scope of the project. All completed applications meeting the requirements of this ordinance shall be approved by the community development director within 30 days of filing.

[16.1-7].

Implementation.

(a)

Existing conditions: It is the desire of the county, its citizens and private property owners cooperating in the creation and adoption of this ordinance to implement it as rapidly as possible and to do so in a fair manner. Existing conditions need not change immediately upon the adoption of this ordinance.

(b)

New development plans: After the adoption by the board of commissioners, the ordinance will apply to all new development plans/new construction plans submitted after the effective date of this ordinance adoption. The exterior renovations to a building must comply with the ordinance requirements. The structural aspects of this ordinance will not be triggered by standard maintenance activities not requiring a building permit.

[16.1-8].

Variances. The Cherokee County Zoning Board of Appeals has the authority to grant variances from the requirements of this article in cases where the strict application of this ordinance's regulations would result in unnecessary hardship.

[16.1-9].

Severability. It is hereby declared to be the intention of the Board of Commissioners of Cherokee County that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance be declared unconstitutional or invalid, it shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance.

16.1-10.

Relationship to underlying zoning. Nothing contained herein shall be construed to replace or supersede underlying zoning classifications of properties within the Highway 92 Corridor. It is the intent of the governing authority that properties shall retain the permitted land uses of the respective zoning districts but shall be developed using the development standards and regulations outlined in this ordinance, found in section 16.1-5, minimum development standards and development regulations for the corridor, plus any other relevant county ordinances and development regulations. Industrial land uses on LI and HI zoned property shall be exempt from the requirements of subsections 16.1-5(C)3, architecture and 16.1-5(C)4, building materials. In addition, industrial land uses on LI and HI zoned property without any road frontage along Highway 92 shall be exempt from all requirements of section 16.1-5, minimum development standards and development regulations for the corridor.

(Ord. No. 02-Z-003, 5-21-02; Ord. No. 2016-O-004, Exh. A, 4-19-16)