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HomeMy WebLinkAboutORDINANCE NO 14 08 217ST A TE OF GEORGIA ORDINANCE NO. 14-08-217 COUNTY OF FULTON RZ14-13 AN ORDINANCE TO AMEND ARTICLE XX, DEERFIELD FORM BASED CODE OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 18, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article XX, Deerfield Form Based Code of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as iffully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 181h day of August, 2014. Attest: Page 1 STATE OF GEORGIA ORDINANCE NO. 14-08-217 COUNTY OF FULTON RZ14-13 ARTICLE XX. DEERFIELD FORM-BASED CODE l.!.Q] ARTICLE 1. -GENERAL ARTICLE 2. -REGULATING PLANS ARTICLE 3. -PUBLIC STANDARDS ARTICLE 4. -BUILDING SCALE PLANS ARTICLE 5. -STANDARDS AND TABLES ARTICLE 6. -DEFINITION OF TERMS FOOTNOTE(S): ---(10) --­ Editor's note-Printed herein is the Form-Based Code of the City of Milton, Georgia, being Ordinance No. 13-04-1 69, as adopted on April 22, 2013 . Amendments to the Form-Based Code are indicated by parenthetical history notes following amended sections. The absence of a history note indicates that the section remains unchanged from the original Form-Based Code ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity are ind icated by brackets. (Back) Page 2 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That the Deerfield/Highway 9 area is the focal point for high-quality, mixed-use development in the City of Milton as established in the Highway 9/Georgia 400 Master Plan Livable Centers Initiative and the City of Milton 2030 Comprehensive Plan. b. That within the Deerfield/Highway 9 area, ordinary activities of daily life should be able to occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length and number of automobile trips. d. That development patterns should support future premium transit facilities along Georgia 400. e. That a range of high-quality and aesthetically compatible housing options should be provided to accommodate different needs in the community. f. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. g. That the quality-of-life in existing neighborhoods should be preserved and protected. h. That development patterns should enable children to safely walk or bicycle to school. i. That a range of useable open spaces including parks, squares, playgrounds, and preserved environmentally sensitive areas should be distributed throughout the Deerfield/Highway 9 area. j. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. ~ k. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. I. That community design should reinforce safe environments, but not at the expense of accessibility. m. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-governance. n. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. o. That the harmonious and orderly development and redevelopment of the Deerfield/Highway 9 area should be secured through form-based codes rather than traditional zoning. Page 3 1.2 CODE APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms. Article 6 contains regulatory language that is integral to this code. Those terms not defined in Article 6 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take precedence when applied to the regulations found herein . 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 13 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. 1.2.4 The provisions of this code are intended to replace the previous requirements set forth in Chapter 64 of the Code of the City of Milton, unless otherwise indicated in this code. 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in this code shall apply to all property located within the boundaries identified in the Deerfield/Highway 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Deerfield/Highway 9 Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia. 1.3.2 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Plan . 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5 of this code. 1.3.4 The standards for Transect Zone T4 shall also apply to zone T4-0pen except as specifically indicated. 1.3.5 The standards for Transect Zone T5 shall also apply to zone T5-Limited except as specifically indicated. 1.3.6 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 The city design review board, as set forth in Section 64-1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in this district for compliance with the Page 4 standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in this code. 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64-1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64-1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. 1.5.6 If a Warrant or Variance is requested in conjunction with an application for an Infill Regulating Plan, the mayor, and city council shall process the requested Warrants and Variances as a concurrent variance. 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 11 section a.) b. The permission to build Accessory Buildings. c. The Function and use requirements of Tables 9 and 10 except where a Warrant is indicated therein. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 11 section a. Page 5 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as established in Table 9B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.5. 1.6.7 Accessory Units do not count toward Density calculations. 1.6.8 Civic Buildings do not count towards Density calculations. 1.6.9 Senior housing units approved by use permit in accordance with Section 64-1834 do not count toward the Density calculations of this code and are subject to those of Sections 64-1834. 1.6.10 The Base Density of a site may be increased by the Transfer of Development Rights (TOR) up to the amount specified for each zone by Table 11 section a subject to the provisions of Section 1.7. 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TOR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas deSignated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TOR Sending Sites or Park/Greenway TOR Sending Sites. Open Space TOR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TOR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TOR program, private property owners receive Transferable Development Rights (TORs) which can be transferred for use at deSignated TOR Receiving Sites. 1.7.2 TOR Sending Site Criteria. a. Open Space TOR Sending Sites shall be parcels that are a minimum of 2 acres in size and zoned T2 within this district or 2 acres in size and located outside this district but within the subarea of parcels fronting Bethany Bend from Hopewell Road east to the Forsyth County Line, and parcels fronting Cogburn Road from Devonshire Farms Way south to Bethany Bend . With the exception of the parcels described in the preceding sentence, all other Open Space TOR Sending Sites shall be a minimum of 5 acres in size and zoned AG-1 outside this district. All Open Space TOR Sending Sites shall contain natural or agricultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character Page 6 and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TOR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. 1.7.3 TOR Sending Site Approval Process. a. Open Space TOR Sending Sites: Property owners may offer their land as Open Space TOR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall the approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Oensity is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within this district and the provisions of the AG-1 zoning district for parcels outside this district. b. Park/Greenway TOR Sending Sites: Property owners may offer their land as Park/Greenway TOR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TOR Sending Site, he/she shall approve the application and oversee the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TOR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all residential development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning district for parcels outside this district. 1.7.4 TOR Allocation. a. Open Space TOR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TORs to the owners of Open Space TOR Sending Sites using the following formula: i. One TOR per full acre of Unconstrained Land. ii . Plus one TOR per four full acres of Constrained Land. iii. Plus one TOR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TOR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TORs to the owners of Park/Greenway TOR Sending Sites using the following two-step process. Step One: calculate the total number of TORs produced by i, ii and iii below: i. One TOR per full acre of Unconstrained Land . Page 7 ii. Plus one TOR per four full acres of Constrained Land. iii. Plus one TOR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.25. c. Civic Space TOR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TORs to the owners of Park/Greenway TOR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. Step One: calculate the total number of TORs produced by i, ii and iii below: i. One TOR per full acre of Unconstrained Land. ii. Plus one TOR per four full acres of Constrained Land. iii. Plus one TOR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TOR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TORs when they are used to increase density in a TOR Receiving Site development. TOR Sending Site property owners who are issued TORs may retain them, transfer them directly to TOR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TOR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TORs. The City may also sever TORs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TORs for use in TOR Receiving Site developments. The price paid for TORs is determined by negotiation between TOR buyers and sellers . 1.7.6 TOR Receiving Sites: TORs may be transferred to the TOR Receiving Sites designated by this code and any additional TOR Receiving Sites designated by the City. Parcels located within the Maximum Two Story Height Zone designated within this district shall not serve as TOR Receiving Sites. TOR Receiving Site owners can build at or below the Base Oensities established by code without any use of TORs. However, owners who choose to do so may exceed the Base Oensities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TOR Transfer Ratio: Pursuant to this code, developers of projects on TOR Receiving Sites may use the TORs to exceed Base Oensities and achieve the maximum code-allowed Oensity at the transfer ratio of four building units per full TOR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5. 1.7.8 Unified Sending/Receiving Site: A TOR Sending Site and a TOR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TORs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TORs shall not be granted open space and Greenway dedications that are required as a condition of site development. TORs from the TOR Sending Site portion of the parcel may be transferred to the TOR Receiving Site portion of the parcel, transferred to a separate TOR Receiving Site or to any combination of on-site and off-site TOR Receiving Sites. 1.7.9 Reserved. Page 8 1.7.10 Compliance Requirements. a. When the use of TOR results in divisions of land, TOR compliance shall occur prior to final subdivision map approval. b. When the use of TOR results in additional Density without a division of land, TOR compliance shall occur prior to building permit issuance. c. In no event shall any component of this TOR program have application to any TOR Sending Site or TOR Receiving Site outside the jurisdictional boundary of the City of Milton. Page 9 ARTICLE 2. REGULA TlNG PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.3 LANDSCAPE BUFFERS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Deerfield/Highway 9 Regulating Plan : a. Transect Zones. b. EXisting Civic Building Sites and Civic Spaces. c. Thoroughfare network, existing and planned. d. A differentiation of existing Thoroughfares as A-Grid and B-Grid . Buildings along the A-Grid shall be held to the highest standard of this code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for Warrants allowing automobile-oriented standards. e. Special Districts. f. A zone where the maximum height of buildings shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District, as indicated by the Maximum Two-Story Building Height Zone. g. A zone where the maximum height of buildings shall be 12 stories regardless of Transect Zone or Special District, as indicated by the Maximum Twelve-Story Building Height Zone. 2.1.2 The Deerfield/Highway 9 Regulating Plan is an exclusive and mandatory regulation and shall supersede and replace the previous zoning classifications. Property owners within the plan area shall submit Building Scale Plans under Article 4 of this code in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels in this district may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Deerfield/Highway 9 Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Deerfield/Highway 9 Regulating Plan is maintained . 2.1.4 The owner of a parcel or abutting parcels in this district may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article XIV in Chapter 64 of this zoning ordinance. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in Article 2 of this code: a. Transect Zones. b. Density by Transect Zone. c. Civic Building Sites and Civic Spaces. Page 10 d. Thoroughfare network. e. A differentiation of the Thoroughfares as A-Grid and B-Grid. Buildings along the A-Grid shall be held to the highest standard of this code in support of pedestrian activity. Buildings along the B­ Grid may be more readily considered for Warrants allowing automobile-oriented standards. Newly-created B-Grid Thoroughfares are only allowed in Zone T5, Zone T6 , and Civic Zones. The Frontages assigned to the B-Grid shall not exceed 70% of the total length of Frontages within the combined area of the Infill Regulating Plan's T5, T6, and Civic Zones. f. Special Requirements, if any. g. Designation of a mandatory Setback for buildings from any lot line, if any. h. Mandatory Private Frontages, if any. i. Landscape buffers required by Article 2 of this code, if any. 2.2.3 The following elements shall not deviate from those established in the Deerfield/Highway 9 Regulating Plan : a. Mandatory Public Frontages along existing Thoroughfares. b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Deerfield/Highway 9 Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. 2.2.5 Each Infill Regulating Plan for a site greater than 8 acres in area shall dedicate at least 10% of its total area to Civic Space. 2.2.6 Civic Space shall be designed as generally described in Table 5 and as allowed in the Transect Zones in accordance with Table 11 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. 2.2.7 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks not exceeding the size prescribed in Table 11 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 2.2.8 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non-conforming with regards to the Thoroughfare network requirements of this code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac are allowed only by Warrant to accommodate specific site conditions . 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within this district except as set forth below. 2.3.2 Adjacent to a Special District, a T2 Zone, or a single-family residential use not located within this district, the following shall apply: a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single-family residential use not located within this district. Page 11 b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single-family residential use not located within this district. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60-88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements may be granted only by Variance. Page 12 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 THOROUGHFARES-VEHICULAR LANES 3.3 THOROUGHFARES-BICYCLE FACILITIES 3.4 THOROUGHFARES-PUBLIC FRONTAGES 3.5 CIVIC ZONES 3.1 ARTICLE APPLICABILITY 3.1 .1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Deerfield/Highway 9 Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non-conforming with regards to the Thoroughfare network requirements of this code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. CUl-de-sacs are allowed only by Warrant to accommodate specific site conditions. b. Civic Spaces not shown in the Deerfield/Highway 9 Regulating Plan may be provided . c. Sites of more than 4 acres shall be designed to define Blocks not exceeding the size prescribed in Table 11 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 3.1 .3 Thoroughfares are intended for use by vehicular, bicycle, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle facilities, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare's vehicular lane and parking assemblies and Public Frontages shall taper to meet those of the existing Thoroughfare. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1 .6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. 3.1.7 Thoroughfares along a designated B-Grid may be exempted by Warrant from one or more of the specified Public Frontage or Private Frontage requirements. See Tables 8. 3.1.8 Rear Alleys and Rear Lanes shall be provided where required by Table 11 section c. 3.1.9 Rear Alleys shall be paved for their width. Page 13 3.1.10 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and shall have no raised Curb. 3.2 THOROUGHFARES-VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 3A, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3 THOROUGHFARES-BICYCLE FACILITIES 3.3.1 A bicycle network consisting of Greenways (which may include Multi-Use Trails) and Bicycle Lanes shall be provided as specified in the Deerfield/Highway 9 Regulating Plan . The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. 3.3.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Deerfield/Highway 9 Regulating Plan, granting the City of Milton access easements for future Multi-Use Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4 THOROUGHFARES-PUBLIC FRONTAGES 3.4.1 General to zones T2, T3, T4 , T5, T6 . a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, trees, and a Landscape Strip where required . If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 4A, Table 4B , and Table 4D and allocated within Transect Zones, where applicable, as specified in Table 11 section c. c. Retrofit of existing Thoroughfares. i. Retrofit of existing Thoroughfares shall be accomplished in the widening Sidewalks, adding trees, adding public lighting, adding a Strip, and adding any required Greenways. Public Frontage by required Landscape ii. Retrofit of State Route 9, Windward Parkway, Deerfield Parkway, Morris Road, McGinnis Ferry Road , Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road may also be accomplished in the Public Frontage by adding one Slip Road along one or both sides of the Thoroughfare utilizing one of the Thoroughfares identified as suitable for a Slip Road in Table 3B . Where this occurs Public Frontage improvements required along the existing Thoroughfare shall be provided, and additional Public Frontage improvements shall be provided along one side of the new Thoroughfare adjacent to the private lot as illustrated in Table 4C . iii. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton . Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.12. e. Street trees shall be provided in the Public Frontage Planter and required Landscape Zone, subject to the following : Page 14 i. Along Highway 9 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. g. Sidewalks shall continue across the entire length of all concrete aprons and shall match the appearance of adjacent Sidewalk material in color, texture, and design. 3.4.2 Specific to zones T2, T3. a. The Public Frontage shall include trees of various species, naturalistically clustered. 3.4.3 Specific to zones T3, T4, T5, T6. a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4. a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species per street with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5, T6. a. Street trees shall be planted in a regularly-spaced Allee pattern of single species per street with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to State Route 9, Deerfield Parkway, Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road. a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall be as set forth below and in Table 4B except as otherwise required by the Georgia Department of Transportation or the director of public works, who may require alternative standards if the public health, safety, and welfare demand. b. The Public Frontage shall include a Landscape Strip with a minimum width of 20 feet between the Sidewalk and the Frontage Line. Street trees shall be located in the Landscape Strip and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. Walkways may traverse the Landscape Strip. c. Street trees shall be a minimum of 5 inch caliper at the time of planting. 3.4.7 Specific to State Route 9. a. Public Frontages in areas with a speed limit equal to or lower than 35 miles per hour shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 10 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Public Frontages in areas with a speed limit greater than 35 miles per hour shall include a Sidewalk with a minimum width of 8 feet and a Planter with a minimum width of 4 feet. Street trees are not required in the Planter. Page 15 c. A combination of October Glory and Red Sunset Maples with flowering cherries and dogwood shall be planted. 3.4.7 Specific to Windward Parkway. a. The Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or more feet. b. A combination of October Glory and Red Sunset Maples with flowering cherries and dogwoods shall be planted. 3.4.8 Specific to Deerfield Parkway. a. The Public Frontage shall include a Sidewalk with a minimum width of 6 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or more feet. b. The Sidewalk shall meander among the trees. c. Willow Oaks shall be planted in the Landscape Strip. 3.4.9 Specific to Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road. a. The Public Frontage shall include a Sidewalk with a minimum width of 6 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or more feet. b. Morris Road and McGinnis Ferry Road: Legacy Sugar Maples shall be planted. c. Webb Road : October Glory and Red Sunset Maples shall be planted and shall alternate in groups of three trees by species. d. Old Morris Road: October Glory Red Maples shall be planted. e. Cogburn Road and Bethany Bend: No species requirements exist. 3.5 CIVIC ZONES 3.5.1 General. a. Civic Zones are designated on the Deerfield/Highway 9 Regulating Plan, on an Infill Regulating Plan , or on a site subject to Section 3.5.2(a) or 3.5.2(b) as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces. a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. b. Sites of more than 8 acres and not located within an Infill Regulating Plan shall dedicate at least 10% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. c. Civic Spaces shall be designed as described in Table 5 and shall be accessible to the public during normal City of Milton park hours or longer each day. d. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting one or more Thoroughfares, except for Playgrounds and Parks. 3.5.3 Civic Spaces shall provide pedestrian access to adjacent Thoroughfares and sites as follows: Page 16 a. One or more access points shall be provided every 200 feet of Civic Space perimeter along a Thoroughfare, and provided that no single Thoroughfare shall have less than one access point. b. One or more access points shall be provided every 600 feet of Civic Space perimeter along an adjacent site. Relief from this requirement may be granted by Warrant where the adjacent site cannot accommodate said access. c. For the purposes of this section an access point may include a walkway, Multi-Use trail, or other paved or unpaved surface suitable for walking. 3.5.4 Any street furniture, benches, trash receptacles or pedestrian street lights installed in a Civic Space must be of a type indicated below or similar as approved by the city design review board . a. Benches: Victor Stanley Classic Series CR-138 in black with no center arm rest. b. Trash receptacles: Victor Stanley 0-35 in black. c. Pedestrian street light: Philips Lumec Domus Series. Page 17 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 STORMWATER MANAGEMENT FACILITIES 4.9 OFF-STREET PARKING AND LOADING 4.10 PARKING LOCATION STANDARDS 4.11 LANDSCAPE STANDARDS 4.12 LIGHTING STANDARDS 4.13 DRIVE THROUGH STANDARDS 4.14 GASOLINE STATION STANDARDS 4.15 SIGN STANDARDS 4.16 ARCHITECTURAL STANDARDS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of Article 4 of this code. 4.1.2 Building and site plans submitted under this code shall show compliance with the following standards described in this code: a. For preliminary site and building approval: i. Building Placement. ii. Building Form . iii. Building Function. iv. Public Frontages. b. For final approval, in addition to the above: i. Landscaping. ii. Signage. iii. Special Requirements, if any. iv. Architecture. 4.1.3 Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the Page 18 particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 Non-conforming properties shall comply with Section 64-74 except as indicated to the contrary below. 4.2.2 A property existing at the date of adoption of this code or any amendments thereto that does not conform to the provisions of this code or any subsequent amendment may continue in use as they are until a SUbstantial Modification is requested, at which time the community development director shall determine the provisions of this code that apply and shall grant Warrants for those that do not apply. 4.2.3 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.4 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this code (as illustrated in Table 2). 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Deerfield/Highway 9 Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 8. The first Story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 8). A Gallery Frontage may be combined with a Retail Frontage. c. A mandatory Arcade Frontage designation requires that a building overlap the Sidewalk such that the first floor Facade is a colonnade (as illustrated in Table 8). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage deSignation requires that the Public Frontage (Table 4a) and Private Frontage (Table 8) be coordinated as a single, coherent landscape and paving design. e. A cross Block Passage deSignation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5, T6. a. Newly platted lots shall be dimensioned according to Table 11 section e except as otherwise approved by Warrant. Page 19 b. Building Placement types shall be otherwise approved by Warrant. as shown in Table 7 and Table 11 section h except as c. Buildings shall be placed in relation to the boundaries of their lots according to Table 11 and Table 13 subject to the following: i. Front Setbacks shall be measured from the Frontage Line. ii. Side and Rear Setbacks shall be measured from the Lot Line. iii. The requirements of Table 11 and Table 13 notwithstanding, all of a portion of any required Landscape Strip may be counted towards meeting a minimum Front Setback by Warrant. iv. As otherwise approved by Warrant. d. The requirements of Table 11 and Table 13 notwithstanding, along buildings may be placed subject to the following requirements: State Route 9 certain i. Buildings between 10,000 and 50,000 square feet may be located a maximum distance of 100 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. ii. Buildings 50,000 square feet or greater may be located a maximum distance of 300 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. e. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building , may be built on each Lot as shown in Table 13 except as set forth in Section 4.4.1 (d) for certain sized buildings along State Route 9 or as otherwise approved by Warrant. f. Lot coverage by building shall otherwise approved by Warrant. not exceed that recorded in Table 11 section e except as g. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 11 section f. These requirements shall not apply to buildings subject to Section 4.4.1 (d) or as otherwise approved by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 11 , i. To accommodate slopes available by Warrant. over 10%, relief from front Setback requirements of Table 11 is j, To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.4.2 Specific to zones T5 and T6 , a, The Principal Entrance shall be on a Frontage Line except as set forth in Section 4.4.1 (d) for certain sized buildings along State Route 9, 4.5 BUILDING FORM 4,5.1 General to zones T2, T3, T4, T5, T6. a, Private Frontages. i. The Private Frontage for buildings subject to Section 4.4.1 (d) shall conform to Table 8 and Table 11 , except that the edge of an Open Parking may be substituted for the Thoroughfare. ii. The Private Frontage of all other buildings shall conform to Table 8 and Table 11. Page 20 b. Buildings on corner Lots shall have two Private Frontages as shown in Table 13. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. c. Building heights and Step backs shall conform to Table 6 except that: i. Within the Maximum Two-Story Building Height Zone the maximum height shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District. ii. Within the Maximum Twelve-Story Building Height Zone the maximum height shall be 12 stories, regardless of Transect Zone or Special District. iii. Within 85 feet of a T2 zone the maximum height shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District. d. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two Stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. e. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. f. In a Parking Structure each above-ground level counts as a single Story regardless of its relationship to habitable Stories. g. Building height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. h. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. i. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3. a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer's depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer's depth except that balconies on porch roofs may Encroach as does the porch . 4.5.3 Specific to zone T4 . a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer's depth. 4.5.4 Specific to zones T5, T6. a. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. b. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer for 100% of the layer's depth. c. Along A-Grids, in the absence of a building Facade along any part of a Frontage Line a Streetscreen shall be built co-planar with the Facade. d. Streetscreens shall be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. Page 21 e. A walkway with a minimum width of 4 feet shall connect all building entrances to the public Sidewalk. f. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. 4.6 BUILDING FUNCTION 4.6.1 General to zones T2, T3 , T 4, T5 , T6. a. Buildings in each Transect Zone shall conform to the Functions on Table 9A, Table 10 and Table 11 . Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 10. b. Home Occupation shall be permitted as an accessory us in accordance with Section 64-213 except as indicated to the contrary below: i. Home Occupations should be invisible from the Frontage. ii. Home Occupations shall be located either within the house or in an Outbuilding. 4.6.2 Specific to zones T2 , T3. a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building . See Table 9A. 4.6.3 Specific to zones T4, T5. a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building . See Table 9A. 4.6.4 Specific to zone T4-0pen. a. The Function standards of T5 shall apply. See Table 9A. 4.6.5 Specific to zone T5-Limited. a. Retail Functions shall only be permitted in buildings having two or more Stories and shall be limited to the first Story. No individual Retail establishment shall exceed 15,000 square feet in floor area. b. The Functions standards of T5 shall apply to all non-Retail Functions. 4.6.6 Specific to zones T4-0pen, T5, T6. a. Apartments shall only be permitted subject to use permit and as follows: i. In buildings where the entire first Story is used for non-Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function; or ii. On sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. b. Rowhouses shall only be permitted subject to use permit, and only on sites where more than 50% of the total floor area is dedicated to Office, Retail , or Lodging Functions. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. General to zones T2, T3, T4, T5, T6. Page 22 i. Chainlink fencing is prohibited from view from a public Thoroughfare and shall be black or hunter green vinyl clad. ii. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. b. Specific to the First Layer in all zones along State Route 9 and Windward Parkway. i. A continuous fence is required in the First Layer except at driveway and pedestrian walkway openings. Said fence shall also include a minimum 3 foot wide landscaped zone on the exterior of the fencing, which may be included within any required Landscape Strip. ii. Fences and posts shall be between 42 and 55 inches in height measured from finished grade. iii. Allowed fencing material shall be primarily pressure treated dark stained wood and may include accents of natural or man-made stone, brick, aluminum, ornamental or decorative wrought iron or architectural concrete. Accents shall not exceed 20% of the total surface area of the fence and any openings within it. Fencing shall be in keeping with the equestrian and rural character of Milton. Unpainted or unstained pressure treated wood is prohibited. c. Specific to zones T2, T3, T4 except the First layer along State Route 9 or Windward Parkway. i. Where permitted within the First Layer, fences, walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas or loading docks. d. Specific to zones T5, T6 except the First Layer along State Route 9 or Windward Parkway. i. Within the first Layer, fences, walls and hedges shall not exceed 55 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and may be 100% opaque. 4.7.2 The following elements shall be screened from view of any A-Grid Thoroughfare or Civic Space as set forth below. To comply with the maximum height requirements above, any screening that exceeds the maximum requirements for the First Layer shall not be located within it. a. Loading docks and service areas shall be screened by either: i. A minimum 6 foot high opaque fence matching the material of the building; or ii. A 15 foot wide landscape zone planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. b. Open Parking or gas fueling bays shall be screened by a continuous screen of evergreen plantings. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 to 8 feet in width at maturity. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from an A-Grid Thoroughfare, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be 1 foot higher than what is contained in the interior. The door enclosing the area shall be made out of wood or a material that has the appearance of wood. Page 23 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any A-Grid Thoroughfare, Civic Space, or any property used or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.5 Detention/retention ponds shall have a minimum 10 foot wide landscape area planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. When required, fencing material around detention/retention ponds shall meet the fencing requirements of Section 4.7 .1 (c) or as approved by Warrant. 4.8 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). 4.8.2 Facilities that are located above ground shall be located in the least conspicuous area of the site as engineering standards will allow. 4.8 .3 Above-ground stormwater management shall be designed to create a natural look. 4.8.4 The creation of shared stormwater management facilities serving multiple properties is encouraged. 4.9 OFF-STREET PARKING AND LOADING 4.9.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.9.2 Subject to the approval of the director of the community development department by Warrant, off­ street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.9.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9.5 Sites which exceed the minimum number of required off-street parking spaces by this zoning ordinance shall construct said excess parking spaces of pervious paving. This requirement shall not apply to excess spaces located within a Parking Structure. Where a site contains both Parking Structures and Open Parking area, spaces located in the Parking Structure shall be counted towards meeting the minimum number of required off-street parking spaces before those in Open Parking area. Page 24 4.10 PARKING LOCATION STANDARDS 4.10.1 General to zones T2, T3, T4, T5, T6. a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open Parking areas on A-Grid Thoroughfares shall be screened from the Public Frontage by a building, Streetscreen, or in accordance with the requirements of Section 4.7.2. c. Open Parking areas on B-Grid Thoroughfares may be unscreened from the Public Frontage except for corner lots at intersections with the A-Grid. d. Rear Alleys, Rear Lanes, and Driveways on adjacent sites shall connect to provide inter-parcel access to minimize curb cuts and improve street traffic flow . 4.10.2 Specific to zones T2, T3 . a. Open Parking areas shall be located at the Second and Third Layers, except that Driveways, drop-ofts and unpaved parking areas may be located at the First Layer. b. Garages shall be located at the Third Layer except that side-or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.10.3 Specific to zones T3, T 4. a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B . f) 4.10.4 Specific to zone T4 . a. All parking lots and garages shall be located at the Second or Third Layer. 4.10.5 Specific to zones T5, T6. a. All Open Parking and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building . d. Parking Structures on the A-Grid shall have Liner Buildings lining the first and second Stories. 4.11 LANDSCAPE STANDARDS 4.11 .1 General to zones T2, T3, T4 , T5, T6. a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 11 section e. 4.11 .2 Specific to zones T2, T3, T 4. a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved , with the exception of Driveways as specified in Section 4.10.2 and Section 4.10.3. 4.11 .3 Specific to zone T3. a. A minimum of two trees approved by the City Arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. Page 25 4.11.4 Specific to zone T4. a. A minimum of one tree approved by the City Arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.11 .5 Specific to zone T5, T6. a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.11 .6 The following non-native invasive species shall not be planted anywhere in this district: a. Ailanthus altissima (tree-of-heaven). b. Albizia julibrissin (mimosa). c. Alternanthera philoxeroides (alligator weed). d. Eichhornia crassipes (water hyacinth). e. Elaegnus pungens (thorny olive). f. Elaeagnus umbellate (autumn olive). g. Hedera helix (English ivy). h. Hydrilla verticil lata (hydrilla). i. Imperata cylindrical (congongrass). j. Lespedeza bicolor (shrubby lespedeza). k. Lespedeza cuneata (sericea Lespedeza). I. Ligustrum japonicum (Japanese privet). m. Ligustrum sinense (Chinese privet). n. Lonicera japonica (Japanese honeysuckle). o. Lonicera maackii (amur honeysuckle). p. Lygodium japonicum (Japanese climbing fern). q. Melia azedarach (chinaberry). r. Microstegium vimineum (Nepalese browntop). s. Miscanthus sinensis (Chinese silvergrass). t. Murdannia keisak (marsh dayflower). u. Nandina domestica (sacred bamboo). v. Paulownia tomentosa (princess tree). w. Phyllostachys aurea (golden bamboo). x. Pueraria Montana var. lobata (kudzu). y. Rosa multiflora (multiflora rose). z. Sesbania herbacea (big pod sesbania). aa. Sesbania punicea (red sesbania). bb. Spiraea japonica (Japanese spiraea). cc. Triadica sebifera (Chinese tallow tree). Page 26 dd . Vinca major (big periwinkle). ee. Vinca minor (common periwinkle). ff. Wisteria sinensis (wisteria). 4.12 LIGHTING STANDARDS 4.12.1 A lighting plan shall be submitted for approval prior to the issuance of a land disturbance permit. 4.12.2 All site lighting shall be designed so that the illumination as measured in footcandles at anyone point meets the following standards: a. Minimum and maximum levels are measured at anyone point. b. The average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. c. Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. d. If the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 4.12.3 New lighting and renovations, upgrades, or additions to lighting on existing facilities shall comply with the following illumination levels. The entire site must be bought into conformance with this section should a renovation, upgrade, or addition occur that would require a land disturbance permit. a. Areas for display of outdoor merchandise. i. Minimum level footcandles : 1.0 ii. Average level footcandles: 5.0 iii. Maximum level footcandles: 10.0 b. Open Parking serving Commercial functions . i. Minimum level footcandles : 0.6 ii. Average level footcandles : 2.4 iii. Maximum level footcandles: 10.0 c. Open Parking serving Residential Functions. i. Minimum level footcandles: 0.2 ii. Average level footcandles: 1.5 iii. Maximum level footcandles: 10.0 d. Walkways and Thoroughfares. i. Minimum level footcandles: 0.2 ii. Average level footcandles: 2.0 iii. Maximum level footcandles: 10.0 e. Landscapes and decorative. i. Minimum level footcandles: 0.0 ii. Average level footcandles: 0.5 Page 27 iii. Maximum level footcandles: 5.0 4.12.2 Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture or equivalent. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts or equivalent. Canopy lighting shall be recessed and directed downward through the use of luminaries, and shall have a maximum lamp wattage of 400 watts or equivalent. 4.12.3 Sodium vapor, exterior neon, and colored lights are prohibited. 4.12.4 Shoe box, and cobra head lighting fixtures, as typically used in parking area lighting, and exposed neon lighting as typically used on building Facades and architectural features are prohibited. 4.12.5 Only fluorescent, metal halide, mercury vapor, shrouded spots, LED, natural gas, and walkway lights are allowed. 4.12.6 Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting height for a pole is 28 feet. Any fixture and pole located within 20 feet of a Special District, a T2 Zone, T3 Zone, T4 Zone, T5-R Zone, or a single-family residential use not located within this district shall be a Type Four (Enclosures that are intended for outdoor use primarily to provide a degree of protection against windblown dust and rain, splashing water, and hose directed water; undamaged by the formation of ice on the enclosure) and forward throw distribution. 4.12.7 As an exception to the prohibition in Section 4.12.5 each commercial establishment shall be entitled to a single exposed neon or LED sign which may only be illuminated during periods when the commercial establishment is open for public business. Such sign shall have a maximum sign face of two square feet, and shall be positioned on the interior as a window sign no more than five feet from the main entrance of the commercial establishment. The sign is prohibited from blinking, flashing, or fluctuating and may not be animated in any way. 4.12.8 Thoroughfare, Open Parking, and walkway lighting and poles shall be the Philips Lumec Domus series in black or similar, or as approved by the city design review board. Within these areas, lights shall include decorative skirts or aprons. 4.13 DRIVE THROUGH STANDARDS 4.13.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.13 .2. Drive-through facilities and all associated vehicular queuing shall be located at the rear of the PrinCipal Building if feasible, but shall be located at the side if not feasible. 4.13.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.13.4 Drive-through facilities shall be considered Accessory Structures to a building. 4.13 .5 Drive-through facility queuing shall be prohibited in a Thoroughfare. 4.14 GASOLINE STATION STANDARDS 4.14 .1. Gasoline station canopies and pumps: Page 28 a. Shall be located to the side, or rear of the Principal Building. b. Shall be buffered from adjoining Residential Functions with a Streetscreen. c. Pump canopies shall be located the greater of: i. 300 feet from any interior side or rear Lot Line that adjoins a Residential Function; or ii. 100 feet from any Special District, T2 Zone, or AG-1 zoned property. d. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. e. Pump canopy fascia shall be between 24 and 30 inches in height. f. Pump canopies shall not exceed 18 feet in height as measured to the top of the structure. g. Pump canopies shall be compatible with the color, texture, material, and architectural design of the Principal Building. h. Pump canopy support columns shall be compatible with the color, texture, and material of the Facade of the Principal Building. i. Pump canopies, canopy support columns, and pump shall not be internally illumination. 4.14.2 Accessory carwashes shall match the color, texture, material, and architectural design of the Principal Building . 4.14.3 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.14.4 Lighting shall be shielded to direct light and glare onto the lot where the gas/fueling station is located. 4.14.5 Intercom or speaker systems shall only be utilized for the purpose of communications between employees and customers and shall direct sound away from adjacent Residential Functions. 4.15 SIGN STANDARDS 4.15.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.16 ARCHITECTURAL STANDARDS 4.16.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the City Architect. 4.16.2 Architectural treatment shall continue on all sides of a building except as specifically noted otherwise. 4.16.3 General to all buildings-Facade composition. a. The Principal Entrance of a building shall be articulated and expressed in greater architectural detail than other buildings entrances. b. Windows shall be vertically shaped with a height greater than their width. c. Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public Thoroughfare, Civic Space, or Open Parking. d. Exposed neon lighting outlining and detailing building features is prohibited. Page 29 e. Exposed ductwork, pipes, conduit or other similar items are prohibited unless otherwise approved by Warrant. 4.16.4 Specific to Commercial, Mixed-Use, and Apartment buildings-Fac;:ade composition. a. Facades shall incorporate windows and doors as follows: i. Windows and doors shall be provided for at least 25% of the total Facade area, with each floor calculated independently. The maximum contiguous area without windows or doors on any floor shall not exceed 10 feet in height or 20 feet in length. ii. The above requirement may be reduced by Warrant where a Facade is not visible from a public Thoroughfare, Civic Space, or Open Parking, provided that said Fac;:ade shall incorporate a decorative pattern with varied materials and textures in lieu of windows or doors. For the purpose of satisfying this reqUirement, control and expansion joints shall not constitute a decorative pattern with varied materials and textures. b. Facade articulation. i. Facades over 50 feet in length shall incorporate wall projections or recesses a minimum of 12 inches in depth. The combined length of said recesses and projections shall constitute at least 20% of the total Facade length. ii. Facades over 200 feet in length shall incorporate a major articulation at least every 200 feet of Fac;:ade length. Said major articulation shall occur for a minimum length of 20 feet and shall be accomplished through : a. A change of fac;:ade material from grade to the roof; or b. A change in fac;:ade composition from grade to the roof; or c. Changes in storefront systems, Private Frontages, varying setbacks, or similar means intended to convey the impression of separate buildings. iii. Building stories shall not appear as single horizontal window bands separated by non-glass spandrels of equal or greater height than the windows. c. Additional Enfronting Facade requirements. i. Enfronting Facades shall be articulated and designed to create additional visual interest by varying architectural details, building materials, the roof line, and building offsets. ii . On corner lots the architectural treatment of a building's intersecting Enfronting Facades shall be substantially similar, except that said building shall emphasize the corner location by placing the Principal Entrance at the corner, incorporating additional height at the corner, varying the roof form at the corner, or providing other architectural embellishments at the corner. iii. First Story Facades of all bu ildings shall incorporate columns, awnings, arcades, porches, stoops, windows, doors, or other architectural elements as established by Private Frontage in Table 8. iv. Facades shall provide visual divisions between the first and second stories through architectural means such as courses, awnings, or a change in primary fac;:ade materials or colors. v. Facades above the first Story shall incorporate windows, arches, balconies, or other architectural details. vi. Buildings taller than two stories shall have two-or three-part Facades. Horizontal zones in the Facade may be differentiated by a change in materials, color, window pattern, or window material, or by a cornice or course. vii. A two-part fac;:ade shall consist of: Page 30 a. Base zone (first Story). b. Shaft zone (all other stories). viii. A three-part fayade shall consist of: a. Base zone (first Stories). b. Shaft zone (middle Stories). c. Cap zone (upper Stories or cornice) . d. Additional Non-Enfronting Facade requirements. i. First Story Facades of all buildings shall comply with the requirements set forth for Enfronting First Story Facades or may also provide panels, murals, and similar architectural details. ii. Facades above the first of all buildings shall incorporate windows, arches balconies, or other architectural details. 4.16.5 Specific to Commercial, Mixed-Use, and Apartment buildings-Facade materials. a. No more than three different materials, textures, colors, or combinations thereof may be used on a single bu ilding. This requirement shall no include materials used on windows, doors, porches, balconies, foundations, awnings, architectural details, or those required by Warrant in lieu of windows and doors as set forth in Section 4.16.4(a)(ii). b. Materials may be combined only horizontally, with the heavier below the lighter. c. Vinyl or aluminum siding, synthetic stone, exposed standard concrete masonry unit (CMU) block, corrugated steel, prefabricated metal, exposed plywood, and exposed pressboard are prohibited. d. Exterior materials of buildings along Morris Road, Webb Road, and Deerfield Parkway shall be limited to brick, stone, pre-cast concrete, wood , glass, or granite. e. Exterior materials of buildings not along Morris Road, Webb Road, and Deerfield Parkway shall be limited as follows. Vertical wall planes shall consist of a minimum of 60% of brick or natural stone, and a maximum of 40% tile, non-reflective glass, natural stone with weathered, polished or fluted face, hard coat stucco, architectural concrete masonry with fluted, split-face, or broken­ face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or fiber cement siding . f. Accessory Structures shall be consistent with the Principal Building in material, texture, and color. g. Enfronting first Story windows and door glass shall be clear or tinted. Tinted glass shall have a transmittance factor of 50% or greater and shall have a visible light reflectance factor of ten or less. h. All window frames shall be recessed a minimum of 2 inches from the exterior Facade. i. Foundations, where provided, shall be constructed as a distinct building element that contrasts with Fayade materials. Exposed above-ground foundations shall be coated or faced in cement, stucco, brick, manufactured stone, or natural stone to contrast with fayade materials. 4.16.6 Specific to Commercial, Mixed-Use, and Apartment buildings-colors. Permitted colors for exterior walls, building components, accent and decorative elements shall be as follows. Numbers refer to the Pantone Matching System, an international colormatching system. a. White b. Black c. Browns, beiges and tans Page 31 i. 462C -468C ii. 4625C -4685C iii. 469C, 474C, 475C iv. 4695C -4755C v. 478C vi. 719C -724C vii. 725C -731C viii. 476U -482U ix. 719U -725U x. 726U -732U d. Reserved e. Reds i. 483C, 484C ii. 7411 C -7414C iii. 7515C -7519C iv. 7522C -7526C f. Grays i. 400C -432C g. Greens i. 553C -554C ii. 560C -561 C iii. 614C -616C iv. 3302C -3305C v. 3295C, 342C, 343C, 3435C, 356C, 357C vi. 5467C -5527C vii. 3305U, 3308U, 335U viii. 336U, 341 U -343U 4.16.7 Specific to Commercial, Mixed-Use, and Apartment buildings-roofs. a. Specific to zones T2, T3, T4. i. Flat roofs shall be screened from the view of public and private streets by a parapet. ii. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature. iii. Roof-mounted mechanical equipment, vents and stacks shall be screened from view from all sides. iv. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Page 32 v. Townhouse and duplex building rooflines shall exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines shall be varied. Mansard roofs are not permitted . vi. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described in Section 4.16.5. b. Specific to zones T5, T6. i. Any appurtenances that must be roof-mounted shall be located and screened so they are not visible from any pOint at ground level. Where possible, the appurtenances shall be grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height. ii. All rooftop appurtenances shall be painted to be compatible with the building architecture. iii. Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Said elements shall also be screened from view from all sides. iv. Roofing material and color shall be compatible with building and surroundings. 4.16.8 Specific to Townhouses. a. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a fayade is not visible from a public Thoroughfare, Civic Space, or Open Parking. b. No more than three adjacent Townhouse units shall have identical Facades. Differentiation between adjacent Facades may be accomplished by a change in materials, building height, color, roof form or setbacks, provided that the appearance of a separate building is achieved. c. Townhouses located in any T-Zone shall comply with the Facade standards set forth in Section 4.16.5 for Commercial, Mixed-Use, and Apartment buildings or Section 4.16.9(b) for Single­ Family houses. 4.16.9 Specific to Single-Family Houses. a. Single-family houses located in Zone T5 or T6 may comply with the standards set forth below or those set forth in Sections 4.16.4 through 4.16.7 for Commercial, Mixed-Use, and Apartments buildings. b. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a fayade is not visible from a public Thoroughfare, Civic Space, or Open Parking. c. Materials. i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on exterior walls only horizontally, with the heavier below the lighter. iii. Exterior material shall be limited to brick, natural stone with or without mortar, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding and synthetic stone veneer are prohibited. v. Hard-coat stucco shall be a 3-coat plaster finish , integral finish, applied on brick or concrete block; control joints shall be concealed where possible. Page 33 vi. Clapboards and board and battens shall be wood or cementitious board. Cementitious board less than five-eighths of an inch thick shall have a 4 inch maximum exposure, while cementitious board thicker than five-eighths or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. vii. Wood shingles shall be level at the bottom edge. d. Foundations. i. Foundations shall be constructed as a distinct building element that contrasts with Fayade materials. ii. Foundations shall be constructed of poured concrete or concrete masonry units. iii. Foundations may be finished with smooth stucco, brick, or stone. e. Windows. i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass surface to sash and muntin face shall be a minimum of three-quarter of an inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished . iii. Doors and windows that operate as sliders are prohibited along Frontages. f. Chimneys. i. Chimney stacks shall be faced in smooth integral finish stucco or, brick, stone, or detailed as exposed metal flues. ii. Siding or stucco board is prohibited as a finish material for chimneys. g. Stoops and porches. i. A stoop or porch shall be provided along the Principal Frontage. ii. No stoop or porch along any Frontage shall be enclosed with screen wire, plastic, glass, mesh, or similar materials. iii. All porch and stoop steps along any Frontage shall have enclosed risers. iv. Porch and stoop columns shall have a minimum width of 8 inches. h. Roofs. i. Flat roofs are prohibited. ii. Roofs shall have a pitch of between 5: 12 and 12: 12. This does not apply to dormers or porches. iii. Roofs shall include eaves projecting between 12 and 36 inches. Page 34 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS 5.1 .1 This Section provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term . If a term is not defined in this Section or In Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in this code . A-Grid: cumulatively, those Thoroughfares that by virtue of their pre-existing pedestrian-supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by this code. See B-Grid. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the ground that is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to , Outbuildings, Parking Structure, garages, gasoline station canopies, pumps, and carwashes. Accessory Unit: a small apartment sharing ownership and utility connections with a Principal Building; it mayor may not be within an Outbuilding. (Syn: ancillary un it) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed , acting as a short distance connector between urban centers, and usually equipped with a landscaped median. B-Grid: cumulatively, those Thoroughfares that by virtue of their use, location, or absence of pre-existing pedestrian-supportive qualities, may meet a standard lower than that of the A-Grid. B-Grid Thoroughfares are often privately-owned. See A-Grid. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots , Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. Page 35 Childcare Center: A facility providing care, protection , and supervision of children on a regular basis away from their primary residence. Childcare Centers specifically exclude kindergartens, pre­ kindergartens, and similar facilities when said kindergarten, pre-kindergarten, or similar facility is accredited by the Georgia Accreditation Commission. For the purpose of this code such accredited facilities shall be considered Elementary Schools. (Syn: daycare) City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of this code. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants includ ing the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 5. Civic Space TDR Sending Site: a Park/Greenway TOR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TOR allocation factor than other Park/Greenway TOR Sending Sites but treated as a Park/Greenway TOR Sending Site in all other respects. Civic Zone: a designation for sites dedicated for Civic Building Sites and Civic Spaces. Code: Article XX of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 8. Configuration: the form of a building, based on its massing , Private Frontage, and height. Constrained Land: the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard . Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 8. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 4A, Table 48, and Table 40. Density: the number of buildings units within a standard measure of land area. Design Speed: the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 3A. District: property located within the boundaries identified in the Deerfield/Highway 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Page 36 Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 8. (Variant: Lightwell.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Enfront: to place an element along a Frontage, as in "porches Enfront the street." Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 8. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 4A and Table 8. Frontage Line: a line bordering a Public Frontage that mayor not be congruent with the Lot Line. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 13. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 9A and Table 10. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 8. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 5. Greenway: an Open Space Corridor in largely natural conditions which may include MUlti-Use Trails. Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non­ industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2 and T -3). Home Occupation: a non-Retail Commercial enterprise. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 9A. Page 37 House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn : single.) Landscape Strip: the element of the Public Frontage between the Sidewalk and the Frontage Line that is required to match the built character on specific existing Thoroughfares. All or a portion of the Landscape Strip may be counted towards meeting a minimum Setback by Warrant. The Landscape Strip may contain fencing. Layer: a range of depth of a Lot within which certain elements are permitted. See Table 13. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 10 shall not be considered Light Industrial. Lightwell: a Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 8. Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. Lodging: premises available for daily renting of guest rooms. See Table 9A and Table 10. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table­ mounted electrical machinery or artisanal equipment, and including their retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 9A and Table 10. Open Parking: an uncovered parking area not within a Parking Structure. (Syn: parking lot) Open Space TOR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code. Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 13. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 5. Park/Greenway TOR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code. Parking Structure: a building containing one or more Stories of parking above grade. (Syn: garage) Page 38 Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which usually accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 13. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: on corner Lots, the Private Frontage deSignated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 8 and Table 13. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 4A, Table 48, and Table 40. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to seNice areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to seN ice areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 7. (Variations Rowhouse, Townhouse, Apartment House) Recess Line: a line prescribed for the full width of a Facade, above which there is a Step back of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the Enfronting public space. Var: Extension Line. See Table 6. Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by this code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise or food seNice. See Table 8A and Table 10. Retail Frontage: the Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Page 39 Road (RO): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 13. Setback: the area of a Lot measured from the Frontage Line or, in the absence of Frontage Line, the Lot line, to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 11 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 8. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 7. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 5. Stepback: a building Setback of at least 10 feet that occurs at a prescribed number of Stories above the ground. See Table 6. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 6. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TOR: Transfer of Development Rights, a method of permanently reducing development potential of areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TOR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. Page 40 TOR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 3A, Table 38 and Table 13a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking . The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 38 and Table 13. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroug hfare. Page 41