§ 9.3.6. Permitted Uses in Designated Areas.

a.

The uses permitted by right and by special use permit, with or without limitations, of the applicable underlying zoning district shall apply to all development within the boundary of the Overlay District; however, if regulations conflict, the applicable Overlay District regulations shall prevail.

b.

Variations in use from those permitted in each underlying zoning district are shown in Table 9-4.

TABLE 9-4
PERMITTED USES IN DESIGNATED AREAS

UNDERLYING ZONING DISTRICT	USE VARIATIONS
H-TR, L-TR, S-R, D-R	Passive parks, as defined in Article 8, shall be permitted by right
M-R	Nursing homes, convalescent homes, and assisted living facilities shall be permitted by right on lots of less than two acres if all other development standards are accommodated
N-O-C	In addition to the uses that are permitted by right as listed in Article 3 of this Code, grocery stores, laundromats, beauty and barber shops, and custom service restaurants with no drive through service (cafe, coffee shop, bakery) shall be permitted by right if they otherwise meet the standards required by Article 3 and 9 of this Code, with no variances or special exceptions available.
	In addition to the uses that are permitted by right as listed in Article 3 of this Code, and the uses listed elsewhere in this overlay district document, artisan and craft studios as defined in Article 8 of this Code, art galleries, and retail sale of arts and craft items shall be permitted by right within the Etowah Terrace Arts Village area of the EHA if they otherwise meet the standards required by Articles 3 and 9 of this Code, with no variances or special exceptions available.
	Outdoor storage shall not be allowed. Outdoor display of produce or goods manufactured onsite for sale shall be permitted, provided that the display takes up no more than a 6' × 12' area adjacent an outer wall of the building, does not encroach on the public right-of-way, does not interfere with the use of required parking spaces, and does not interfere with the movement of vehicular or pedestrian traffic.
	Passive parks, as defined in Article 8, shall be permitted by right
O-I	Day care centers for any number of persons shall be permitted by right, but limitations may apply (Article 4.1.9).
	Public plazas, passive parks, and trailhead facilities shall be permitted by right
C-C	Artisan and Craft Studios, as defined in Article 8 of this document
	Multi-family residential uses shall be permitted by Special Use Permit only as part of a mixed-use development
	Public plazas, passive parks, and trailhead facilities shall be permitted by right
	Special outdoor events (sales, grand openings, exhibits of arts or crafts) shall be permitted, not to exceed 6 times per year, and of no more than 3 days duration.
	Outdoor storage shall not be allowed. Outdoor display of produce or goods manufactured onsite for sale shall be permitted, provided that the display takes up no more than a 6′ × 12′ area adjacent an outer wall of the building, does not encroach on the public right-of-way, does not interfere with the use of required parking spaces, and does not interfere with the movement of vehicular or pedestrian traffic
L-I	Public plazas, passive parks, and trailhead facilities shall be permitted by right
	Special outdoor events (sales, grand openings, exhibits of arts or crafts) shall be permitted, not to exceed 6 times per year, and of no more than 3 days duration.

 

(Ord. No. 06-2-4, § I, 2-20-06; Ord. No. 2007-8-5, §§ I, II, 8-6-07)

9.4. River Corridor District.

9.4.1. Purpose. The rivers of Rome are an important but limited resource that should be utilized and protected for the benefit of the community. The intent of this district is to establish such additional standards and uses to the underlying zoning districts that will promote appropriate and sustainable development within the River Corridor; preserve the scenic, natural, cultural, and recreational resources within the corridor; and protect the health and ecological diversity of the Etowah, Oostanaula, and Coosa Rivers.

9.4.2. River corridor overlay district map. Boundaries of the River Corridor Overlay District (RC) shall be amended to and shown on the Zoning Districts Maps, Rome-Floyd County, Georgia on the respective dates of adoption for this ordinance, and as subsequently amended thereafter from time to time in conformance with this Code. The River Corridor Overlay District Map is hereby made a part of this Code, and all notations, references and other information shown on it shall be a part of this Code.

9.4.3. River corridor overlay district defined. The River Corridor Overlay District (RC) shall include that property designated by the City of Rome as shown on the Zoning Districts Maps, Rome-Floyd County, Georgia. This area shall include all property within 200 feet of the Etowah, Oostanaula, and Coosa Rivers.

9.4.4. Applicability. No structure or land within the River Corridor Overlay District (RC) shall hereafter be developed, extended, converted or structurally altered except in full compliance with the provisions of this ordinance section regardless of previous development status. Legal non-conforming uses and structures shall be treated as specified in Article 1 of this Code. Agricultural operations shall be exempt from this overlay zone.

9.4.5. Review of development plans by special review panel. Review of new construction, demolition, renovation, and land disturbance is required. A Special Review Panel consisting of at least three of the following staff members; Assistant City Manager, Director of Planning, Historic Preservation Planner, Director of Community Development, Environmental Services Director, and Chief Building Official or their designee shall accomplish such reviews. The Chief Building Official shall be responsible for distributing all plans and elevations to each member of the review panel. No permit shall be issued prior to approval by the special review panel. Decisions of the Special Review Panel may be appealed to the Zoning Board of Appeals.

9.4.6. Building and site design. The following standards shall apply to all development in the corridor, except single-family dwellings and duplexes on individual lots.

a.

Minimum building setbacks, landscaping requirements, and buffers shall conform to the requirements of the underlying zoning district. Additionally, no building shall be allowed within 100 feet of the Etowah, Oostanaula, and Coosa Rivers, except on previously developed property. On previously developed property, new development may infringe on the 100-foot river buffer only to the extent of the infringement by the previous development, including depth and area, and only if granted a variance by the Zoning Board of Appeals and Adjustments.

b.

All office buildings and retail sales and service establishments shall have a customer entrance facing the river or other architectural design addressing the river that is approved by the Special Review Panel.

c.

The outdoor storage of equipment and/or merchandise, when permitted, shall not be visible from public property or the rivers. The outdoor display of sales merchandise is permissible so long as it meets with other requirements of the code.

d.

In order to ensure the permanency of buildings, reduce the need for periodic maintenance and maintain a character which is commensurate with the public interest, the following materials shall be used as primary exterior building wall finishes on portions of the building which are visible from the River right-of-way: brick, stone, glass, wood, stucco, imitation stucco, pre-cast concrete, poured concrete, and/or split-face concrete block. Materials should be sealed or otherwise treated if they will be subject to wet conditions in order to maintain a clean and finished appearance. Other materials may be used if approved by the Special Review Panel.

e.

Service and loading areas, outdoor sales and storage areas, trash receptacles, utility equipment, mechanical units and similar appurtenances shall be located so as to minimize visibility from the rivers and shall be visually screened from view from off the premises. Trash receptacles shall be located within a four sided structure which completely conceals the trash receptacle. The color and architecture of the structure shall be compatible with that of the building which it serves. Building orientation shall be such that loading and service areas do not face the river or public road, except in the case of double frontage lots, where such areas must be located in a rear or side yard, which faces the highway. All loading and service areas shall be screened from view from off the premises.

f.

Screening walls and fences shall match the color and materials of the building on the premises. Fences designed to create privacy or separation shall be made of masonry, ornamental metal, durable wood, vinyl that is designed and fabricated to appear as wood, or a combination of these materials. Chain link, plastic or wire fencing is not permitted for fences visible from public property, unless screened by landscaping.

g.

Development plans shall include site amenities that enhance safety and convenience of pedestrians and promote walking or bicycling as an alternative means of transportation. Site amenities may include bike racks, drinking fountains, canopies and benches.

h.

When multi-use trails exist or are planned, pedestrian access lanes shall link the multi-use trail with street sidewalks and with building entries through parking lots. Special paving, raised surfaces, bollards, or landscaping shall be used to separate pedestrian access lanes from traffic. Such lanes shall be a minimum of six feet in width.

9.4.7. Appropriate land uses and zoning.

a.

Appropriate land uses may include residential, multi-family residential, office, retail sales and service, historical education/interpretation, and some light industrial uses. Heavy industrial uses are not appropriate in the River Corridor Overlay Zone. Other uses allowed in the underlying zoning district shall be allowed on property within the district.

b.

Appropriate zoning districts in the River Corridor Overlay Zone may include Suburban Residential, Agricultural Residential, High Density Traditional Residential, Low Density Traditional Residential, Duplex Residential, Multifamily Residential, Neighborhood Office Commercial, Office Institutional, Community Commercial, Central Business Commercial, Urban Mixed Use, Planned Development and Light Industrial zoning districts.

(Ord. No. 2007-5-14, § I, 5-21-07)