etcod nonconformity (1)

7/31/2019 ETCOD Nonconformity (1)

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Evans Town Center Overlay DistrictGoverning Ordinance vs. As Constructed

October 17, 2002

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Paragraph(c) (3)2nd Sentence

All exposed gutters, downspouts and leaderheads facing public streets and public open spaces shallbe designed as an architectural element in the wall and roof design of the structure.

Paragraph(c) (4) 3 rd Sentence

Windows shall be clear glass, with not more than a 30 percent reduction in light transmissionpermitted.


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October 17, 2002

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Paragraph(c) (4) 2nd Sentence

The window frames must be metal, wood or vinyl, and must be painted or vinyl clad.

Comment: Ordinance does not address anodized frames, of which there are many in the Town Center District

Paragraph

(c) (4) 3 rd Sentence

Except in commercial buildings with an enclosed heated area of 70,000 square feet or more,

individual window openings shall be no larger than four feet horizontally , and eight feet vertically.


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Paragraph(c) (5)

1st and 4th

Sentences

Doors may be solid or hollow core metal, aluminum, fiberglass or wood, and may be either solid orhave glass or louvers.. Solid doors shall have raised panels and/or louvers .


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Paragraph(c) (5)6 th Sentence

Overhead doors for loading docks, delivery and distribution shall be permitted only on the rear of the

building, except that in commercial buildings with an enclosed heated area of 70,000 square feet ormore, and all industrial buildings, such overhead doors shall also be permitted on the side of thebuilding.


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October 17, 2002

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Balconies and porches at floor elevations above ground level shall be designed to create apedestrian arcade at the ground level along public streets and public open spaces.


Fences shall be constructed of materials coordinating with external building walls, wrought iron, vinylor painted aluminum.


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October 17, 2002

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Paragraph(c) (7) 5 th Sentence

In the M-1 and M-2 zoning districts, green or black coated or painted chainlink fencing may be used,provided that a solid hedge which is allowed to grow to and is maintained at the same height of suchfence is planted in front of the fence along the section of fence that is visible from the road.


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October 17, 2002

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Paragraph(c) (8) 1 st Sentence

Outbuildings and accessory structures may be constructed only of materials which match theexternal building walls of the principal structure.

Paragraph(c) (9) 1st and 2 nd Sentences

Color combination or stains shall be complimentary, with generally no more than three colors, per

building, permitted. The exterior of any structure in the ETCO, including buildings and doors,windows and trim thereof, fences, landscaping walls and any other type of structure, may be anycolor, provided that all color combinations are complimentary and do not exceed three colors, unlessexpressly approved in writing by the planning commission

Restaurant off Washington Road Strip Shopping Center

Blue RedDark Brown

Green and Tan Red

GreenTan

Comment: Many ETCOD buildings have several shades of same color

Retail Store on Washington Road Fast Food Restaurant on Washington Road

Silver Green Red Gray Orange

Brown Black Purple Tan Silver


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October 17, 2002

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Gas Station on Washington Road Morgue

White, Red, Blue, Tan

Brown Green Red

TanWhite

Comment: Is white a color?


The exterior of any structure in the ETCOD, including buildings and doors, windows and trim thereof,fences, landscaping walls and any other type of structure, may be any color, provided that all colorcombinations are complimentary and do not exceed three colors, unless expressly approved inwriting by the planning commission; provided, however, that no colors shall be used which are listedin a master list of excluded colors which shall be prepared by the county planning and developmentservices division and approved by the board of commissioners.

Comment: Where is Master List of Excluded Colors? Has one been approved by Board of Commissioners?

Comment: Has the planning commission authorized the above exceptions in writing ?

Paragraph

(c) (10)

1 st and 3 rd Sentences

Heating and/or air conditioning mechanical equipment, whether ground level, raised or rooftop, mustbe screened from view. .. "Screened from view" m eans concealed from view from any abuttingroad or adjacent tract of land by a structure constructed of the same materials as the exteriorelevation of the principal structure, and if on or attached to the principal structure front, such structureshall be designed to be perceived as an integral part of the building.


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October 17, 2002

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Paragraph(c) (10) 2nd and 3 rd Sentences

In addition, garbage receptacles, fuel tanks, electric and gas meters and other unsightly objects mustbe screened from view. "Screened from view" means concealed from view from any abutting road oradjacent tract of land by a structure constructed of the same materials as the exterior elevation of the

principal structure, and if on or attached to the principal structure front, such structure shall bedesigned to be perceived as an integral part of the building.


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October 17, 2002

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Paragraph(c) (11)

Structures shall be oriented or screened as set forth in section 90-140(a) so that loading, deliveryand distribution areas are not visible from residential zoning districts or existing or planned publicroad rights-of-way. Loading areas may be oriented toward adjoining properties that are similarly

zoned only if they are screened from view with fencing and landscaping as set forth in section 90-140(a).

Paragraph(c) (13)

Development shall be in accordance with a landscaping/tree protection plan approved as set forth insubsection (c)(14) of this section and shall be referred to in this section as the approvedlandscaping/tree protection plan. No landscaping/protection plan shall be approved unless, in theopinion of the director, based on the material submitted to him, such plan avoids removal or severetrimming of trees and/or excessive or unsightly grading, indiscriminate earth moving or clearing andunnecessary removal of trees and vegetation.

Comment: Planning and Development Services has taken a position that there can be no grading plans approved in the town center. Review of properties shows 4 tracts on which grading had occurred. Also, landscaping plans for several properties did not show the 12 trees as required.


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October 17, 2002

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Paragraph(c) (13) h.

The property owner shall be given credit against the number of trees required to be planted for alltrees growing in the parking lot, natural areas and buffers prior to construction, which have adiameter of not less than six inches at diameter breast height, which were not removed, severelydamaged or killed during construction . Prior to the issuance of a certificate of occupancy, the

owner of the developed land must provide the county with a written one-yearwarranty/guarantee in a form approved by the board of commissioners, running from the dateof issuance of the certificate of occupancy, which shall cover the prompt replacement, duringsuch period, of any trees planted or preserved which show less than normal tree growth, poorcondition or structure, severe pest damage or death.

Comment: How many tree guarantees are on file? Is there one for every property improved since ETCOD passed?

Paragraph(c) (13) (i)

No trees having a diameter of 12 or more inches at diameter breast height shall be removed from anyland in the ETCO, nor shall any trees having a diameter of 12 or more inches at diameter breast heighton such land be severely trimmed unless such trees have been identified on the approvedlandscaping/tree protection plan, or prior thereto, a permit for tree removal or severe trimming hasbeen obtained from the county planning and development services division.

Comment: Review of files shows no tree cutting permits during the 2 years of ETCODs existence. Also, P&D Services admitted during a recent tree ordinancemeeting that no tree cutting permit procedure exists for ETCOD.

Paragraph(c) (14)

A person seeking a building permit for land in the ETCO shall file with the director a landscaping/treeprotection plan for the land on which the improvements are being developed, which shall beprepared by a landscape architect licensed to practice in the state, or a certified nursery orlandscape professional certified through the Georgia Green Industry Association, or such otherorganization as shall be approved by the board of commissioners, which shall include, but not belimited to, a plat of the property showing the location of each tree having a diameter of 12 inches ormore at diameter breast height, and identify thereon which trees are proposed to be removed andremain,

Comment: Review of files shows that civil engineers generally prepare landscaping plans rather than the certified professionals required by ETCOD.


Building exterior elevations shall consist of materials that are generally equal in quality, appearanceand detail to all other exterior elevations of the same structure or those structures within the sameplanned development. External building walls shall be architecturally integrated and faced withbrick, stucco, structural masonry, split face block, wood siding or wood shingles.

Note: Structure is wood siding and brick


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October 17, 2002

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Paragraph(c) (15)1 st Sentence

(15) Any buildings, structures, signs or uses in the ETCO which are existing on June 20, 2000, whichare not in conformance with the requirements set forth in this section for the ETCO, shall be treatedas nonconforming buildings, structures, signs or uses pursuant to section 90-132.

Sec. 90-132.

Nonconforming uses of land and structures. (b) Continuation in perpetuity. A nonconforming use, building or other structure may be

continued in perpetuity, subject to the following conditions that the nonconforming use, building orsign not be:

(1) Changed to or replaced by another nonconforming use(2) Expanded or enlarged in any way

1. Fencing is painted? Where is screeninghedge?

2. Trees required in parking lot?3. Where are trees planted at 20 intervals

on frontage?4. Solid doors on Building exterior without

raised panels?5. Landscaping/tree protection plan on

file?

1. Loading/distribution facing road?2. Fencing painted? Where is hedge?3. Trees planted on frontage?4. Landscaping/tree protection plan?5. Solid doors without raised panels?6. Unsightly equipment unscreened?

1. Trees on road Frontage?2. Siding finishes required by CC

zoning?3. Screening of garbage receptacle?4. Required islands in parking lot?5. Fencing around pool is compatible

with composition of principalstructure?

1. Trees required in parking lot?2. Window sizes?3. More than 3 color combinations?4. Landscaping/tree protection plan?5. Visible rooftop units?6. Meters visible?7. Unscreened garbage dumsters8. Solid doors without raised panels?


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October 17, 2002

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Paragraph(c) (13)

The minimum width of the landscape strips required in section 90-140(a)(1) and (2) is increased fromten feet to 15 feet. The distance between trees to be planted pursuant to section 90-140(b)(1)b. isreduced from 40 feet to 20 feet. The owner of the property upon which the landscape strip is located

shall be given credit against the number of trees required to be planted for all trees growing in thelandscape strip and any undisturbed natural area buffers prior to construction, which were not removed.

No landscaping/tree protection plan shall be approved unless it provides for the planting in parking lotsof not less than one tree for every 12 parking spaces.

The minimum width of the landscaping islands or tree planting areas as required in section 90-140(b)(2)b. and c. is increased from eight feet to ten feet. The minimum length of the landscape islandrequired in section 90-140(b)(2)b. is increased from one-half the length of the adjacent parking space to20 feet.

Sec. 90-140.Landscaping

(a) Landscaping required. Landscaping required shall be as follows

(1) A minimum ten-foot wide landscape strip shall be provided between any parking lot designed

or intended to accommodate five or more cars, and any lot frontage of the property on which theparking lot is located, unless the parking area is otherwise screened from the street by a building orby another means.(2) A minimum ten-foot wide landscape strip shall be provided between any vehicular loadingarea and any lot frontage of the property on which the loading area is located, unless the loadingarea is otherwise screened from the street by a building or by another means.

(3) Deciduous shade trees shall be provided within any parking lot designed or intended toaccommodate five or more cars, in accordance with the requirements of this section. (b) Design standards

(1) Landscape strips required in this section shall meet the following requirements:

a. Landscape strips shall contain no structures, parking areas, patios, stormwaterdetention facilities or any other accessory uses, except for retaining walls orearthen berms constructed as part of an overall landscape design, pedestrian-oriented facilities such as sidewalks and bus stops, underground utilities, drivewaysrequired to access the property and signs otherwise permitted by this chapter.

b. One tree shall be provided within the landscape strip for every 40 feet of length ofthe lot frontage, or portion thereof. Such trees may be deciduous or evergreen, butmust be of a type that is suitable to local growing conditions, and that will normally,upon maturity, reach at least 12 inches at diameter breast height.

c.


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etcod nonconformity (1)

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