060616 Council Mtg Mins Adopted .A. -w- _
North
Augusta
South Carolina's Riverfront
MINUTES OF JUNE 6, 2016
Lark W Jones, Mayor
James M Adams, Jr., Councilmember
I Robert Brooks, Councilmember
Pat C. Carpenter, Councilmember
Fletcher L. Dickert, Councilmember
Kenneth I McDowell, Councilmember
David W McGhee, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of June 6, 2016, having been duly publicized, was called to order by Mayor
Jones at 7:00 p.m. and adjourned at 9:15 p.m. Per Section 30-4-80(e) notice of the meeting by
email was sent out to the current maintained "Agenda Mailout" list consisting of news media
outlets and individuals or companies requesting notification. Notice of the meeting was also
posted on the outside doors of the Municipal Center, the main bulletin board of the Municipal
Center located on the first floor, and the City of North Augusta website.
Mayor Jones asked for a moment of silence honoring men and women who died in service to our
country and led in the Pledge of Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Brooks, Carpenter, Dickert,
McDowell, and McGhee.
Minutes of Regular Meeting of 06/06/16
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
Cammie T. Hayes, Director of Finance; Richard L. Meyer, Director of Parks, Recreation, &
Tourism; Scott L. Sterling, Director of Planning and Development; James E. Sutton, Director of
Public Services; Diana H. Miller, Manager of Human Resources; and Donna B. Young, City
Clerk.
The minutes of the regular and study session meetings of May 16, 2016, were approved by
general consent.
ITEM 1. FINANCE: Amending Purchasing Procedures for the City of North
Augusta by Revising Chapter 2, Entitled "Administration",
Article XI. Entitlted "Purchasing" — Ordinance, Second
Reading
On motion by Councilmember Dickert, second by Councilmember Brooks,
Council unanimously passed an ordinance on second reading amending
Purchasing Procedures for the City of North Augusta by revising Chapter 2,
entitled "Administration", Article XI. Entitled, "Purchasing.
Please see the minutes of May 16, 2016, for the ordinance text.
ITEM 2. FINANCE: Designating Southern Bank & Trust as the Financial
Institution for the City of North Augusta, South Carolina and
TSYS Merchant Solutions as the Merchant Service Provider
for the City of North Augusta, South Carolina - Resolution
On motion by Councilmember Carpenter, second by Mayor Jones, Council
unanimously passed a resolution authorizing designating Southern Bank & Trust
as the Financial Institution for the City of North Augusta, South Carolina and
TSYS Merchant Solutions as the Merchant Service Provider for the City of North
Augusta, South Carolina.
The resolution text is as follows:
RESOLUTION NO. 2016-20
DESIGNATING SOUTHERN BANK & TRUST AS THE FINANCIAL INSTITUTION
FOR THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA
AND TSYS MERCHANT SOLUTIONS AS THE MERCHANT SERVICE PROVIDER FOR THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA
WHEREAS, during 2012, the Mayor appointed a Financial Institution Selection Committee to
review and recommend to City Council a financial institution to be designated as the City's financial institution to
provide banking and investment services; and
WHEREAS, the City selected Southern Bank & Trust to be designated as the City's financial
institution for a period of five years commencing January 1, 2012, and ending December 31,2016; and
Minutes of Regular Meeting of 06/06/16
WHEREAS, the City continues to receive excellent service from Southern Bank & Trust with net
monthly charges of SO. Southern Bank & Trust has agreed to continue to provide their services indefinitely with net
monthly charges of$0 based upon an agreed account reserve balance; and
WHEREAS, the City is currently provided merchant services through SunTrust Merchant
Services, which was selected based on the South Carolina State Contract 4400011556 and;
WHEREAS, the City has received merchant pricing analyses on City accounts from two
additional merchant service providers. Both merchant service providers are offering the City more favorable
discount rates and fees than the current provider; and
WHEREAS, TSYS Merchant Solutions, through their relationship with Southern Bank& Trust, is
offering the most favorable rates and fees for other provider services; and
WHEREAS, expenses/expenditures for merchant services are already included in the City's
operating budget in the appropriate funds; and
WHEREAS, it is in the City's best interest to continue to designate Southern Bank& Trust as the
financial institution for the City of North Augusta and select TSYS Merchant Solutions as the merchant service
provider for the City of North Augusta, until either party determines it best to dissolve the relationship.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North
Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that Southern Bank & Trust be
designated as the City's Financial Institution and TSYS Merchant Solutions be designated as the City's Merchant
Service Provider, and that the City Administrator and/or the City Finance Director be authorized to sign all
documents relating thereto.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF ,2016.
ITEM 3. COMMUNITY PROMOTION: Scoliosis Early Detection Awareness
Month, June 2016 - Proclamation
Mayor Jones proclaimed the month of June, 2016, as Scoliosis Early Detection
Awareness Month in the City of North Augusta.
The proclamation text is as follows:
North City of Worth Augusta, South
Augusta g Carolina
South Carolina's Riverfront
PROCLAMATION
WHEREAS, scoliosis, the abnormal curvature of the spine, is a condition which affect an
estimated 6 to 9 million people in the United States; and
Minutes of Regular Meeting of 06/06/16
WHEREAS, most prevalent in otherwise-healthy children, scoliosis can cause pain, reduced
respiratory function, and limited mobility, and approximately I in 6 children diagnosed with this disease will
eventually require active medical treatment and primary onset of scoliosis is between ages 10 to 15 with females
being five times more likely to require treatment; and
WHEREAS, scoliosis has no known cause or cure, screening programs allow for early detection
and for treatment opportunities which may alleviate the worst effects of the condition; and
WHEREAS, raising public awareness of scoliosis is vital in helping children,parents, and health
care providers diagnose, understand, and treat this disease and reduce the pain and suffering of those it affects.
NOW THEREFORE, I, Lark W Jones, Mayor of the City of North Augusta, South Carolina, do
hereby claim June, 2016 as
SCOLIOSIS EARLY DETECTION AWARENESS
MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North
Augusta, South Carolina, to be affixed this day of June, 2016.
ITEM 4. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment A — Farmers Markets
and associated definitions) — Receipt of Planning Commission
Recommendation
On motion by Mayor Jones, second by Councilmember McGhee, Council
unanimously acknowledged receipt of the report from the Planning
Commission that included its recommendation from the May 19, 2016
Planning Commission meeting that followed a duly advertised and
convened public hearing. The Planning Commission voted 5-0, with
Commissioner JoAnn McKie's recusal, to recommend the request by City
of North Augusta to approve Application RZT 16-005 to approve the
proposed Amendment A, a request to amend Section 4.35.8, Farmers and
Produce Markets, to eliminate a minimum site acreage requirement in
commercially zoned districts and also to make minor language changes;
and to amend Appendix A, Definitions, to add definitions for "Farmers
Market" and "Farmers Market, Mobile".
ITEM 5. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment A — Farmers Markets
and associated definitions) —Ordinance, First Reading
On motion by Mayor Jones, second by Councilmember Carpenter, Council
considered an ordinance on first reading to amend Article 4, Supplemental Use
Regulations, and Appendix A, Definitions, related to Farmers Markets, of the
North Augusta Development Code, Chapter 18 of the City of North Augusta,
South Carolina Code of Ordinances.
Minutes of Regular Meeting of 06/06/16
On motion by Councilmember McDowell, second by Mayor Jones, a motion to
amend the ordinance by striking the word motor in I. B. Farmers Market, Mobile
was unanimously passed. The amendment is shown below.
I.B.
Farmers Market, Mobile
An enclosed motor vehicle equipped with facilities for the sale of locally grown
fresh produce. Mobile farmers market vendors are regulated by Article IV of the
Municipal Code.
Vote was then taken on the original ordinance on first reading to Article 4,
Supplemental Use Regulations, and Appendix A, Definitions, related to Farmers
Markets, of the North Augusta Development Code, Chapter 18 of the City of
North Augusta, South Carolina Code of Ordinances, and it unanimously passed.
The amended ordinance text is as follows:
ORDINANCE NO. 2016-12
AMENDING ARTICLE 4, SUPPLEMENTAL USE REGULATIONS, AND APPENDIX A,
DEFINITIONS, RELATED TO FARMERS MARKETS, OF THE NORTH AUGUSTA
DEVELOPMENT CODE, CHAPTER 18 OF THE CITY OF NORTH AUGUSTA, SOUTH
CAROLINA CODE OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code which is consistent with the City's
2005 Comprehensive Plan and which incorporates all City zoning and land development
regulations; and
WHEREAS, pursuant to Title 6, Chapter 29 of the South Carolina Code, the
North Augusta Planning Commission may recommend amendments to the Development Code
for the purposes of technical clarification, error correction and to accommodate the needs of the
City's citizens, provided such amendments are consistent with the City's 2005 Comprehensive
Plan; and
WHEREAS, the North Augusta Planning Commission, following a May 19, 2016
public hearing, reviewed and considered amendments to Section 4.35.8, Farmers and Produce
Markets, of the North Augusta Development Code to eliminate minimum acreage requirements
for farmers markets in commercial and industrial districts; and Appendix A, Definitions to add
definitions for Farmers Market and Farmers Market, Mobile; and a motion was made to
recommend said amendments to the City Council for approval. The motion to recommend
approval passed on a 5-0 vote.
Minutes of Regular Meeting of 06/06/16
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
The North Augusta Development Code, Chapter 18 of The City of North Augusta,
South Carolina Code of Ordinances, Providing for New Zoning and Land
Development Regulations for the City of North Augusta, South Carolina, is
hereby amended and shall read as described in the following sections. The
section of the Code affected by each proposed amendment is identified by the
section number.
A. Section 4.35.8, Farmers and Produce Markets, is amended to read:
4.35.8 Farmers and Produce Markets
Farmers markets that sell fresh produce, including fruits, vegetables, cut flowers,
grains, nuts (including pecans and boiled peanuts), and eggs, cheeses,jams,jellies,
preserves, salad dressings, and similar homemade or homegrown food items may be
permitted in any zoning district for a period not exceeding a total of one hundred
twenty (120) days in any calendar year. Farmers markets must be located on and/or
accessed from an arterial or collector roadway. Produce sold may be grown on the
property where the farmers market is located or may be trucked in from area farms.
All permitted farmers markets shall comply with the following criteria:
a. No temporary structure, tent, equipment, or tractor trailer vehicle shall be located
or parked within fifty (50) feet of property used for residential purposes.
b. The site shall be a minimum of one half(1/2) acre in size in residentially zoned
districts. No minimum area shall be required for sites in commercially zoned
districts.
c. An adequate temporary parking area shall be provided. The parking area need not
be paved but must be maintained to control dust and mud and to minimize the
transfer of mud or gravel onto the paved roadway. Necessary and adequate
sediment and erosion control measures shall be provided and maintained.
d. The hours of operation shall be limited from 7:00 a.m. to 9:00 p.m.
e. Any lighting provided for the site area shall be designated and installed to be
directed away from any neighboring residential uses.
f. Signage shall be permitted in accordance with the provisions of§13.6, Temporary
Signs, provided, however, that the duration of the signage may coincide with the
temporary duration of the use. One freestanding sign may be permitted, the
maximum size of which shall not exceed thirty-two (32) square feet, and wall
signage may be permitted up to a maximum of fifty (50) square feet.
g. A sketch site plan shall be submitted to the Director to ensure that the conditions
contained in this section, adequate setbacks,parking and clear vision area
requirements are satisfied. (Adopt. 12-1-08; Ord. 2008-18)
B. Appendix A, Definitions, is amended to add the following definitions
Farmers Market
Minutes of Regular Meeting of 06/06/16
A market conducted outdoors or in an unenclosed structure where retail sales and
demonstration of community supported agricultural products, including fruits,
produce, ornamental crops, eggs and other agricultural products, and homemade
value added products, including baked goods,jam and jellies, pickles and relish,
dried fruits, syrups and honey, are permitted. A farmers market does not include the
sale and demonstration of mass-produced items, used clothing, furniture, appliances
and other similar products.
Farmers Market, Mobile
An enclosed vehicle equipped with facilities for the sale of locally grown fresh
produce. Mobile farmers market vendors are regulated by Article IV of the
Municipal Code.
II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2016.
ITEM 6. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment A — Farmers Markets
and associated definitions)— Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember McDowell, Council
unanimously passed an ordinance on second reading to amend Article 4,
Supplemental Use Regulations, and Appendix A, Definitions, related to Farmers
Markets, of the North Augusta Development Code, Chapter 18 of the City of
North Augusta, South Carolina Code of Ordinances.
Please see Item no. 5 above for the ordinance text.
ITEM 7. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment B — Mobile Food
Vending and associated definitions) — Receipt of Planning
Commission Recommendation
On motion by Mayor Jones, second by Councilmember Brooks, Council
unanimously acknowledged receipt of the report from the Planning
Commission that included its recommendation from the May 19, 2016
Planning Commission meeting that followed a duly advertised and
Minutes of Regular Meeting of 06/06/16
convened public hearing. The Planning Commission voted 6-0, to
recommend the request by City of North Augusta to approve Application
RZT 16-005 to approve the proposed Amendment B, a request to add a
new Section 4.35.9, Mobile Food Vendors, to establish standards for
mobile food vending in designated areas of the City; to amend Appendix
A, Definitions, to add definitions for "Food Truck" and "Mobile Food
Unit"; and to modify Table 3-2, Use Matrix, to include food trucks as a
conditional use in the commercial and industrial zoning districts.
ITEM 8. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment B — Mobile Food
Vending and associated definitions) — Ordinance, First
Reading
On motion by Councilmember Carpenter, second by Councilmember
McGhee, Council considered an ordinance on first reading to amend the
Development Code of the City of North Augusta, South Carolina by
amending Article 4, Supplemental Use Regulations, and Appendix A,
Definitions related to mobile food vending, of the North Augusta
Development Code, Chapter 18, of the City of North Augusta South
Carolina Code of Ordinances.
Citizen Comment
Bob Pettit, 70 Fulton Avenue,North Augusta, South Carolina
7799979977777777997777777927777977277277779
First Amendment
On motion by Councilmember Dickert, second by Mayor Jones, the
following amendments were unanimously passed.
I.
B. A new Section 4.35.9 is added to read:
4.35.9 Mobile Food Vendors
This section establishes standards for mobile food vending in designated areas of the
City to provide additional dining options to supplement traditional brick and mortar
food services. These standards are designed to ensure that the location and operation
of mobile food vending is safe, functional and compatible with existing and proposed
development. Approved mobile food vendors may operate for a period not to exceed
a total of one hundred thirly fifty-six (33-0 156) days in any calendar year.-per
approved location.
Minutes of Regular Meeting of 06/06/16
4.35.9.1 Food Trucks
Food Trucks shall comply with the following standards:
a. Health and Safety:
1. Food truck owner/operators must obtain and maintain any and all required state health and
restaurant approvals and licenses as it relates to food trucks-as it relates to food
trucks.
c. Food Truck Locations, Minimum Separation:
1. Permitted on commercially and industrially zoned properties only.
2. One hundred (100)feet from the front door of any brick and mortar restaurant and/or outdoor
dining area, unless annual written permission is obtained from the restaurant owner. Such
written permission must be displayed or readily available in the food truck at all times.
3. Fifteen (15)feet from any fire hydrant, driveway,s-idewalk, utility box or vault,handicap
ramp and building entrance or exit.
g. Public Spaces—City Owned Property
Food trucks:
6. The food truck must be located at least fifteen(15)feet from fire hydrants, any fire
department connections, driveway entrances, alleys, handicap parking spaces,sidewalks and
trees.
h. Private Property Food Trucks:
6. Must be located at least fifteen(15)feet from fire hydrants, any fire department connections,
driveway entrances, alleys,handicap parking spaces,s-iE wa' s and trees.
C. Appendix A, Definitions, is amended to add the following definitions
Food Truck
A food truck is defined as a fully enclosed motor vehicle equipped with facilities for
preparing, cooking and selling various food products and operating at an approved
fixed location as an extension of a retail food establishment. A food truck must be
permitted by the South Carolina Department of Health and Environmental Control
(SCDHEC) in order to operate.
Second Amendment
On motion by Councilmember Dickert, second by Councilmember
McDowell, the following amendment was unanimously passed.
I. B. 4.35.9.1, d
d. Parking of Food Trucks:
a. The proposed location for food truck parking and any associated outdoor seating must be
shown on a minor site sketch plan that is subject to review and approval by the Director.
b. Food trucks may not be parked in an approved location after the hours of operation specified
in this section.
Councilmember Dickert Concern
Minutes of Regular Meeting of 06/06/16
Councilmember Dickert expressed concern over the Table 3-2, Use
Matrix 97799992927779777
Third Amendment
On motion by Mayor Jones, second by Councilmember Dickert, the
following amendment was unanimously passed.
I. B. 4.35.9.1
c. Food Truck Locations, Minimum Separation:
1. Permitted on commercially and industrially zoned properties only.
2. One hundred (100)feet from any customer entrance of any brick and mortar
restaurant and/or outdoor dining area, unless annual written permission is obtained from the
restaurant owner. Such written permission must be displayed or readily available in the food
truck at all times.
1. B. 4.35.9.1
h. Private Property
Food trucks:
2. Must be located at least one(100)hundred feet from the any customer entrance of any brick
and mortar an established restaurant/or outdoor dining area, during its hours of operation
unless - .. .• . . . .. -
o n •file in the food truck. annual written permission is obtained from the restaurant owner.
Such written permission must be displayed or readily available in the food truck at all times.
Following the three amendments, vote was then taken on the ordinance, as
amended, on first reading to amend the Development Code of the City of North
Augusta, South Carolina by amending Article 4, Supplemental Use Regulations,
and Appendix A, Definitions related to mobile food vending, of the North
Augusta Development Code, Chapter 18, of the City of North Augusta South
Carolina Code of Ordinances.
The amended ordinance text is as follows:
ORDINANCE NO. 2016-13
AMENDING ARTICLE 4, SUPPLEMENTAL USE REGULATIONS, AND APPENDIX A,
DEFINITIONS, RELATED TO MOBILE FOOD VENDING, OF THE NORTH AUGUSTA
DEVELOPMENT CODE, CHAPTER 18 OF THE CITY OF NORTH AUGUSTA, SOUTH
CAROLINA CODE OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code which is consistent with the City's
Minutes of Regular Meeting of 06/06/16
2005 Comprehensive Plan and which incorporates all City zoning and land development
regulations; and
WHEREAS, pursuant to Title 6, Chapter 29 of the South Carolina Code, the
North Augusta Planning Commission may recommend amendments to the Development Code
for the purposes of technical clarification, error correction and to accommodate the needs of the
City's citizens, provided such amendments are consistent with the City's 2005 Comprehensive
Plan; and
WHEREAS, the North Augusta Planning Commission, following a May 19, 2016
public hearing, reviewed and considered amendments to Table 3-2, Use Matrix, to establish Food
Trucks as a conditional temporary use in commercial and industrial zoning districts; Article 4,
Supplemental Use Regulations, to provide standards for mobile food vendors; and Appendix A,
Definitions, to add definitions for Food Truck and for Mobile Food Unit; and a motion was made
to recommend said amendments to the City Council for approval. The motion to recommend
approval passed on a 6-0 vote.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The North Augusta Development Code, Chapter 18 of The City of North Augusta,
South Carolina Code of Ordinances, Providing for New Zoning and Land
Development Regulations for the City of North Augusta, South Carolina, is
hereby amended and shall read as described in the following sections. The
section of the Code affected by the proposed amendment is identified by the
section number.
A. Lines 5.38 to 5.89 of Table 3-2, Use Matrix are renumbered and a new Line 5.38 of
Table 3-2, Use Matrix, is added to read:
TABLE 3-2 USE MATRIX
Zoning Districts
Use CR R R R-7 R-5 D OC NC GC TC IND
14 10
5.38 Food Trucks (See Section 4.35.9) -- -- -- -- -- C C C C C C
B. A new Section 4.35.9 is added to read:
4.35.9 Mobile Food Vendors
This section establishes standards for mobile food vending in designated areas of the
City to provide additional dining options to supplement traditional brick and mortar
food services. These standards are designed to ensure that the location and operation
of mobile food vending is safe, functional and compatible with existing and proposed
Minutes of Regular Meeting of 06/06/16
development. Approved mobile food vendors may operate for a period not to exceed
a total of one hundred fifty-six (156) days in any calendar year per approved location.
4.35.9.1 Food Trucks
Food Trucks shall comply with the following standards:
a. Health and Safety:
1. Food truck owner/operators must obtain and maintain any and all required state health and
restaurant approvals and licenses as it relates to food trucks.
2. Each food truck owner/operator must obtain a Certificate of Zoning Compliance, conditional
use permit, a Certificate of Occupancy, if applicable, and a North Augusta business license
prior to opening for business.
3. Required approvals and licenses shall be kept on file in the food truck.
b. Maximum Number of Trucks per Property:
1. For commercially zoned parcels less than 'A acre,up to two food trucks are permitted on the
property at the same time.
2. Commercially zoned properties between 1/4 and '/2 acre in size are permitted up to three food
trucks at the same time.
3. For commercially zoned parcels over 1/2 acre in size, a maximum of four food trucks is
permitted on the property at the same time, except for City-sponsored special events.
4. For public spaces,the number of food trucks shall be determined by the Department of Parks,
Recreation and Tourism in consultation with the Director.
5. Temporary outdoor seating and set up associated with a food truck is only permitted within
twenty(20) feet of the food truck or in locations determined by the Director.
c. Food Truck Locations, Minimum Separation:
1. Permitted on commercially and industrially zoned properties only.
2. One hundred (100)feet from any customer entrance of any brick and mortar restaurant and/or
outdoor dining area, unless annual written permission is obtained from the restaurant owner.
Such written permission must be displayed or readily available in the food truck at all times.
3. Fifteen (15)feet from any fire hydrant, driveway, utility box or vault,handicap ramp and
building entrance or exit.
4. Fifty(50)feet from any residential zoning district.
5. Must comply with all dimensional standards(setbacks)for the zoning district.
d. Parking of Food Trucks:
1. The proposed location for food truck parking and any associated outdoor seating must be
shown on a sketch plan that is subject to review and approval by the Director.
2. Food trucks may not be parked in an approved location after the hours of operation specified
in this section.
e. Hours of Operation:
1. 7 a.m. to 10 p.m. for food trucks in commercially and industrially zoned properties.
2. In public spaces, hours are to be determined by the Department of Parks, Recreation and
Tourism in consultation with the Director.
f. Operational Standards:
1. No audio amplification
2. City trash receptacles may not be used to dispose of trash or waste. Adjacent dumpsters may
be utilized with written permission of the property owner.
3. All areas within the approved property must be kept clean by the food truck vendor.
4. Grease and liquid waste shall not be disposed in tree pits, storm drains,the sanitary sewer
system or public streets.
5. Food trucks are subject to the City noise ordinance. Sound absorbing devices may be used to
contain or deflect noise from external generators.
g. Public Spaces—City Owned Property
Minutes of Regular Meeting of 06/06/16
Food trucks:
1. Must have written permission from the Department of Parks, Recreation and Tourism to
locate on City-owned properties.
2. Must locate at least one hundred(100) feet from the entrance to any park.
3. Shall not occupy any handicap accessible parking space(s).
4. Shall not otherwise interfere with the movement of motor vehicles in a parking lot.
5. Shall be positioned such that the truck does not block drive aisles, other access to
loading/service areas or emergency access or fire lanes.
6. The food truck must be located at least fifteen(15)feet from fire hydrants, any fire
department connections, driveway entrances, alleys, handicap parking spaces, and trees.
h. Private Property
Food trucks:
1. Are permitted on commercially and industrially zoned properties.
2. Must be located at least one(100)hundred feet from any customer entrance of any brick and
mortar restaurant/or outdoor dining area,-unless annual written permission is obtained from
the restaurant owner. Such written permission must be displayed or readily available in the
food truck at all times.
3. Shall not occupy any handicap accessible parking space(s).
4. Shall not otherwise interfere with the movement of motor vehicles in a parking lot.
5. Shall be positioned such that the truck does not block drive aisles, other access to
loading/service areas or emergency access or fire lanes.
6. Must be located at least fifteen (15)feet from fire hydrants, any fire department connections,
driveway entrances, alleys, handicap parking spaces, and trees.
i. Special Events
Nothing in this section should be read to prohibit the City from conducting special
events that feature food trucks. Food truck vendors may operate as part of special
events if approved by the City.
1. Food trucks and mobile vending are prohibited from operating on any street, sidewalk, alley,
trail or other right of way unless approved by the City as part of a permitted special event or
contracted with the Department of Parks, Recreation and Tourism within the assigned dates
and times.
4.35.9.1.1 Suspension and Revocation
a. The City business license for any food truck may be revoked if the vendor violates the provisions
contained in Section 4.35.9 or if the food truck vendor's SCDHEC permit to operate as a mobile
food truck is suspended or revoked.
b. The Director may halt an approved food truck's operation if it is determined that the food truck
operations are causing parking,traffic congestion or litter problems, either on or off the property
where the use is located, or that such use otherwise threatens public health or safety.
4.35.9.2 Mobile Food Units
A mobile food unit is a temporary food service vehicle that is movable and has no fixed location.
Examples include, but are not limited to, ice cream trucks,beverage or hot dog carts on wheels and
pre-packaged snack item vendors. Mobile food vendors, as defined, are considered "peddlers" and are
subject to the requirements of Article IV of the Municipal Code. Mobile food vendors are required to
hold a North Augusta business license.
C. Appendix A, Definitions, is amended to add the following definitions
Food Truck
Minutes of Regular Meeting of 06/06/16
A food truck is defined as a fully enclosed vehicle equipped with facilities for
preparing, cooking and selling various food products and operating at an approved
fixed location as an extension of a retail food establishment. A food truck must be
permitted by the South Carolina Department of Health and Environmental Control
(SCDHEC) in order to operate.
Mobile Food Unit
A mobile food unit is a temporary food service vehicle that moves from place to place
to sell food items such as ice cream, hot dogs, or pre-packaged snack items or drinks.
Mobile food units are regulated by Article IV of the Municipal Code.
II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2016.
ITEM 6. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment B — Mobile Food
Vending and associated definitions) — Ordinance, Second
Reading
On motion by Councilmember Carpenter, second by Councilmember Dickert,
Council unanimously passed an ordinance on second reading to amend Article 4,
Supplemental Use Regulations, and Appendix A, Definitions, related to Farmers
Markets, of the North Augusta Development Code, Chapter 18 of the City of
North Augusta, South Carolina Code of Ordinances.
Please see Item no. 5 above for the ordinance text.
ITEM 7. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment C — Georgia Avenue
Overlay District boundaries and development standards) —
Receipt of Planning Commission Recommendation
On motion by Mayor Jones, second by Councilmember Brooks, Council
unanimously acknowledged receipt of the report from the Planning
Commission that included its recommendation from the May 19, 2016
Planning Commission meeting that followed a duly advertised and
convened public hearing. The Planning Commission voted 6-0, to
Minutes of Regular Meeting of 06/06/16
recommend the request by the City of North Augusta to approve the
proposed Amendment C, a request to amend Table 3-8, Corridor Districts
Established, to change the boundaries of the Georgia Avenue Overlay
District; and to amend Section 3.8.4, G, Georgia Avenue Overlay District,
to provide standards that will maintain the integrity of traditional
storefront facades to facilitate a mixture of commercial and residential
development and redevelopment in the downtown.
ITEM 8. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment C — Georgia Avenue
Overlay District boundaries and development standards) — —
Ordinance, First Reading
On motion by Councilmember McGhee, second by Councilmember Carpenter,
Council considered an ordinance on first reading to amend the Development Code
of the City of North Augusta, South Carolina by amending Article 3, Zoning
Districts, Related to Georgia Avenue District Boundaries and Development
Standards, of the North Augusta Development Code, Chapter 18, of the City of
North Augusta South Carolina Code of Ordinances.
Amendment One
On motion by Councilmember Dickert, second by Councilmember McDowell, a
motion to amend the ordinance was passed with a 4/3 vote. Voting for the
amendment were Mayor Jones and Councilmembers Dickert, McDowell, and
McGhee. Voting against the amendment were Councilmembers Adams, Brooks,
and Carpenter, The amendment is shown below.
3.8.4.4.4.3.9 Wall Materials — Hard surfaced exterior wall materials permitted for
downtown buildings include brick, limestone, architectural split-face concrete blocks,
parged block, painted brick, stone, terra cotta, stucco, plaster, fiber cementious board
siding and drainage-backed Exterior Insulation Finishing Systems (EIFS). The use of
EIFS is limited to the area eight (8) feet or more above the adjacent grade, except as
decorative elements around doors and windows. Vinyl, wood, plastic, metal,
structural or unfinished concrete, painted concrete blocks, and tinted or reflective
glass are not permitted as the primary exterior finish surface. However, vinyl, wood,
plastic, or glass block may be used as accent elements surrounding a doorway or
window.
Citizen Comment
Bob Pettit, 70 Fulton Street, North Augusta, South Carolina made
comments regarding this proposed ordinance and suggested rather than
changing the numbering associated with this ordinance that the sections be
labeled as reserved.
Minutes of Regular Meeting of 06/06/16
JoAnn McKie, 1065 Martintown Road, North Augusta, South Carolina,
addressed Council regarding the proposed ordinance and voiced concern
that City money and incentives needed to be spent on downtown
redevelopment in this area.
The Vote
Vote was then taken on the original ordinance, as amended, on first
reading to amend the Development Code of the City of North Augusta,
South Carolina by amending Article 3, Zoning Districts, Related to
Georgia Avenue District Boundaries and Development Standards, of the
North Augusta Development Code, Chapter 18, of the City of North
Augusta South Carolina Code of Ordinances, and was unanimously
passed.
The amended ordinance text is as follows:
ORDINANCE NO. 2016-14
AMENDING ARTICLE 3, ZONING DISTRICTS, RELATED TO GEORGIA AVENUE
OVERLAY DISTRICT BOUNDARIES AND DEVELOPMENT STANDARDS, OF THE
NORTH AUGUSTA DEVELOPMENT CODE, CHAPTER 18 OF THE CITY OF NORTH
AUGUSTA, SOUTH CAROLINA CODE OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code which is consistent with the City's
2005 Comprehensive Plan and which incorporates all City zoning and land development
regulations; and
WHEREAS, pursuant to Title 6, Chapter 29 of the South Carolina Code, the
North Augusta Planning Commission may recommend amendments to the Development Code
for the purposes of technical clarification, error correction and to accommodate the needs of the
City's citizens, provided such amendments are consistent with the City's 2005 Comprehensive
Plan; and
WHEREAS, the North Augusta Planning Commission, following a May 19, 2016
public hearing, reviewed and considered amendments to Table 3-8, Corridor Districts
Established, and Section 3.8.4, G, Georgia Avenue Overlay District, to change the boundaries of
and amend development standards in the Georgia Avenue Overlay District; and a motion was
made to recommend said amendments to the City Council for approval. The motion to
recommend approval passed on a 6-0 vote.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
Minutes of Regular Meeting of 06/06/16
The North Augusta Development Code, Chapter 18 of The City of North Augusta,
South Carolina Code of Ordinances, Providing for New Zoning and Land
Development Regulations for the City of North Augusta, South Carolina, is
hereby amended and shall read as described in the following sections. The
section of the Code affected by each proposed amendment is identified by the
section number.
A. Line 1 of Table 3-8, Corridor Districts Established, is amended to read:
A B
Overlay District Corridor Streets Generally
G, Georgia Avenue 1. Georgia Avenue north of the Greeneway to Spring Grove
Overlay Avenue
B. Section 3.8.4.1, Purpose and Findings, is amended to read:
3.8.4.1 Purpose and Findings — The G, Georgia Avenue Overlay District, is
designed for that portion of the D, Downtown Mixed Use District, that contains the
heart of traditional commercial activity in North Augusta. This overlay is created with
an emphasis on maintaining the integrity of the traditional storefront building facades
to facilitate a mixture of uses, including residential, coordinating parking design and
access, and encouraging greater pedestrian activity and use.
C. The text accompanying Figure 3-2, Georgia Avenue, is amended to read:
Georgia Avenue is the focal point of economic and pedestrian activity within the
Town Center. Accordingly, a high level of community design is required in order to
preserve and to provide a unique, signature gateway into the City, to facilitate the
creation of a convenient, attractive and harmonious community, to reduce vehicular
congestion by encouraging pedestrian trips, and to encourage economic development
activity. The district standards bring pedestrian destinations close to the street,
provide an interesting environment, and provide a scale appropriate to the speed of
persons traveling by foot.
The Georgia Avenue Overlay District furthers the following public purposes:
a. To protect the unique appearance and character of Georgia Avenue and promote
linkages between public, retail, residential, civic and service uses;
b. To support and increase pedestrian activity by establishing a uniform "build-to"
line, ground floor retail uses and storefront shopping at the street level;
c. To provide opportunities for promoting the historic diversity of land uses within
the district;
Minutes of Regular Meeting of 06/06/16
d. To encourage both commercial and residential infill development by providing
relief from parking, transportation capacity and landscaping standards applicable
to other parts of the City;
e. To encourage residential uses as a part of the redevelopment and renovation of
existing structures;
f. To provide for urban design features such as lighting, coordinated signage, street
furniture and landscaping to provide visual cues that tie the district together;
g. To ensure architectural compatibility and aesthetic harmony of structures located
within the overlay; and
h. To assure respect for the character, integrity, and quality of the built environment
of Georgia Avenue without stifling compatible innovative architecture or
beneficial economic development.
D. Section 3.8.4.3, Permitted Uses, is amended to read:
3.8.4.3 Permitted Uses —Within the G, Georgia Avenue Overlay District, all uses
permitted in the underlying D, Downtown Mixed Use District are permitted subject to
the standards established in this section. This section supplements any other
requirements of this Chapter, including any regulations or permissions relating to use,
density or design established in the D, Downtown Mixed Use District.
In order to promote pedestrian activity and to avoid the impacts of traffic crossing
sidewalks, all uses and buildings shall conform to the following:
a. All residential uses listed in Table 3-2, Use Matrix, for the D, Downtown Mixed
Use District are permitted in the overlay district.
b. The first floor (street level) of any multistory commercial building shall be
devoted to retail, commercial and service uses, as listed below. Such
buildings shall include said uses along not less than fifty percent (50%) of their
street frontage.
1. Convenience Retail 6. General Business Services
2. Food Stores, Bakery Shops 7. Personal Service Establishments
3. Museums, Art Galleries 8. Primary Retail Establishments
4. Restaurants, Bars, Ice Cream 9. Secondary Retail Establishments
Parlors
5. Professional Office Uses 10. Movie Theaters
c. Residential dwellings shall be permitted above the first floor of any building with
commercial and/or retail uses on the first floor.
d. No new auto oriented uses including auto repair, gasoline service stations and
drive through uses will be allowed. Such existing uses are permitted and will be
allowed to continue. No such nonconforming use shall be resumed if it has been
abandoned for a continuous period of sixteen (16) months.
e. For purposes of this section, "abandon" or "abandonment" means discontinuance
of the nonconforming use regardless of the property owner's intent to relinquish
the right to so use the property. A nonconforming use is considered abandoned
when:
1. It has been intentionally discontinued, remains idle or unused;
Minutes of Regular Meeting of 06/06/16
2. Necessary utilities, such as water, sewer or electricity have been discontinued
for any reason including a failure to pay fees, rates or other required charges
lawfully established by the service provider; or
3. The principal buildings or structures are no longer actively occupied.
f. Uses containing drive throughs will be allowed if the Director deems appropriate
traffic controls are installed. (Rev. 5-21-12; Ord. 2012-08)
E. Section 3.8.4.4.2, Frontage, is amended to read:
3.8.4.4.2 Frontage — There is no minimum or maximum frontage established in
these standards. However, buildings with large frontages are required to modulate
their facades pursuant to §3.8.4.4.4.3.3.
F. Section 3.8.4.4.3, Minimum and Maximum Height, is amended to read:
3.8.4.4.3 Maximum and Minimum Height — The maximum height shall be as
provided for the D, Downtown Mixed Use District in Table 3-3, Dimensional
Standards. The minimum height shall be eighteen (18) feet above the elevation of the
sidewalk along the entire frontage.
G. Section 3.8.4.4.4.1, Orientation, is amended to read:
3.8.4.4.4.1 Orientation — Buildings shall be oriented to the street. A building is
oriented to the street where:
a. The setback standards established in §3.8.4.4.1 are met.
b. Entrances to buildings face a street or open to a square, plaza
c. or sidewalk.
d. At least one entrance shall be provided to each street frontage.
e. All street level uses with sidewalk frontage are furnished with an individual
entrance and direct access to the sidewalk in addition to any other access that may
be provided.
11 Off-street parking does not lie between the building's entrance and the street.
g. Pedestrian access from the public sidewalk, street right of way, or driveway to the
principal structure is provided on a hard surface.
H. Section 3.8.4.4.4.3, Fenestration, Openings, and Storefronts, is amended to read:
3.8.4.4.4.3 Fenestration, Openings, and Storefronts — This section applies to all
storefronts and any use other than those described in §3.8.4.4.4. This section does not
apply to the conversion of a residential building to a commercial use. Fenestration is
defined as the design, proportioning and disposition of windows and other exterior
openings of a building.
1. Section 3.8.4.4.4.3.1, Facades, is amended to read:
Minutes of Regular Meeting of 06/06/16
3.8.4.4.4.3.1 Facades — Facades facing or visible from Georgia Avenue shall
include at least four (4) of the following elements:
a. A pediment.
b. A cornice adjoining the top of the roof or top of the facade.
c. Windows in each story above the ground level. Rectangular, circular,
semicircular, and octagonal windows are permitted.
d. A recessed entryway consistent with the requirements of§3.8.4.4.4.3.4.
e. Transom windows.
f. Moldings
g. Canopy
h. Sign Lighting
i. Sign Banding
J. The text accompanying Figure 3-3 Facades, is amended to read:
FIGURE 3-3 FACADES
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! R _ 1 I I [1 ` J, „ [j , 1
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( E ,GS r " ' -
k
may~-= 1
K. Section 3.8.4.4.4.3.2, Windows, is amended to read:
3.8.4.4.4.3.2 Windows — Windows shall be required on all stories in keeping
with the design and use of the building but not less than thirty percent (30%) of the
front facade.
L. Figure 3-4, Front Facades, is deleted in its entirety and succeeding Figures are
renumbered accordingly.
Minutes of Regular Meeting of 06/06/16
M. Section 3.8.4.4.3.3, Building Modulation, is amended to read:
3.8.4.4.4.3.3 Building Modulation — Building frontages that face public streets
and exceed a width of twenty (20) feet must include modulation to break the plane of
the building frontage. Such modulation must be spaced at uniform or near uniform
intervals along the entire building frontage. Vertical visual elements may include
entryways, windows, columns, colonnades, or other form of modular fenestration.
N. Section 3.8.4.4.3.4, Entryways, is amended to read:
3.8.4.4.4.3.4 Entryways — Recessed entryways are permitted in order to provide
a sense of entry and to add variety to the streetscape. Overhead doors for loading
docks, delivery, and distribution shall be permitted only on the rear of the building.
O. Section 3.8.4.4.4.3.6, Roof Drainage, is amended to read:
3.8.4.4.4.3.6 Roof Drainage— Roofs shall drain to the rear of the building unless an
alternative method is approved by the Director.
P. Section 3.8.4.4.4.3.9, Wall Materials, is amended to read:
3.8.4.4.4.3.9 Wall Materials — Hard surfaced exterior wall materials permitted for
downtown buildings include brick, limestone, architectural split-face concrete blocks,
parged block, painted brick, stone, terra cotta, stucco, plaster, fiber cementious board
siding and drainage-backed Exterior Insulation. Finishing Systems (EIFS). The use of
EIFS is limited to the area eight (8) feet or more above the adjacent grade, except as
decorative elements around doors and windows. Vinyl, wood, plastic, metal,
structural or unfinished concrete, painted concrete blocks, and tinted or reflective
glass are not permitted as the primary exterior finish surface. However, vinyl, wood,
plastic, or glass block may be used as accent elements surrounding a doorway or
window.
Q. Section 3.8.4.4.4.4, Fenestration and Openings for Civic Buildings and Uses, is
deleted in its entirety and Section 3.8.4.4.4.1 is renumbered as 3.8.4.4.4.4.
R. Figure 3-6, Fenestration and Openings for Civic Buildings, is deleted in its entirety
and succeeding Figures are renumbered accordingly.
S. Section 3.8.4.5.6, Canopy and Awning Signs, is amended to read:
3.8.4.5.6 Canopy and Awning Signs — A canopy or awning may be used as a sign
surface only if:
a. No wall sign is included on the same facade.
b. The message does not extend in any direction above, below or beyond the canopy
edge.
c. The message is an integral part of the canopy or awning covering.
Minutes of Regular Meeting of 06/06/16
d. Signage on the canopy or awning sign does not exceed one-half ('/2) of the area
bounded by the edges of the canopy or awning visible from the public right of
way. (If the only signage for the building is on the fringe drip-flap portion of the
canopy, the entire portion of said area may be utilized for signage.) (Rev. 5-21-
12; Ord. 2012-08)
T. Section 3.8.4.7.9, Access, is amended to read:
3.8.4.7.9 Access — Driveways and access points to public and private parking lots,
loading areas and service areas shall adhere to the following:
a. The Director and City Engineer must approve all driveways, access points and
curb cuts from any public right of way.
b. Driveways providing ingress and egress onto side streets and alleys are preferred.
Existing or newly created alleys from a side street are the preferred access drive to
parking areas. Only one (1) access point to a parking, loading or service area
(other than an alley) shall be permitted per block face from any side street
adjoining Georgia Avenue. There is no limit on the number of openings or access
points from an alley and alleys may function as parking area drive aisles.
c. No driveway or access point shall exceed twenty (20) feet in width.
d. Separation of driveways or access points from an alley, if permitted, shall be no
less than twenty-four (24) feet.
e. No driveway or access point from any public right of way that reduces on-street
parking shall be permitted except for parking areas that are available for use by
the general public.
U. Figure 3-9, Access, is deleted in its entirety.
IL All other Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2016.
ITEM 9. ZONING: North Augusta Development Code, Proposed Text Amendment
(Application RZT 16-005, Amendment C — Georgia Avenue
Overlay District boundaries and development standards) —
Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Carpenter, Council
unanimously passed an ordinance on second reading to amend the Development
Minutes of Regular Meeting of 06/06/16
Code of the City of North Augusta, South Carolina by amending Article 3,
Zoning Districts, Related to Georgia Avenue District Boundaries and
Development Standards, of the North Augusta Development Code, Chapter 18, of
the City of North Augusta South Carolina Code of Ordinances.
Please see Item no. 8 above for the ordinance text.
There being no further business, Council adjourned.
APPROVED THIS 24 DAY OF Respectfully submitted,
••�u� , 2016.
1+1-4-1)6
Donna B. Young
Lark W. Jones, Mayor