ORD 2020-01 Adopted 0 0
ORDINANCE NO. 2020-01
AMENDING ARTICLE 3 ZONING DISTRICTS, ARTICLE 4, SUPPLEMENTAL
REGULATIONS AND ARTICLE 19 NON-CONFORMING USES 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 Comprehensive Plan and which incorporates all City zoning and land
development regulations; and
WHEREAS, pursuant to Section 5.3.3.2 Text Amendments in Article 5,
Approval Procedures,of the North Augusta Development Code,any person,property owner,
board, commission, department or the City Council may apply for a change in zoning
ordinance text; and
WHEREAS, the North Augusta Planning Commission, following a
December 19, 2019,public hearing,reviewed and considered a request by the Planning and
Development Department to amend Article 3,entitled"Zoning Districts,"Article 4,entitled
"Supplemental Use Regulations," and Article 19, entitled "Non-Conforming Uses," of the
North Augusta Development Code to remove conflicting requirements for signage. The
Planning Commission report has been provided to City Council for consideration.
The Mayor and City Council have reviewed the request as well as the report
from the Planning Commission and has determined that the change to the text of the
Development Code is appropriate.
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:
1. 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
section. The section of the Code affected by the proposed amendment is
identified by the section number.
ORDINANCE NDING THE NORTH AUGUSTA Page 2
DEVELOPMle CODE —APPLICATION RZT 19-00
A. Article 3,Zoning Districts, is amended to read:
a. Section 3.8, Overlay Districts:
i. § 3.8.4.5. Outdoor Display and Sale—Goods shall not be displayed
or stored on the exterior of the building except under a porch roof,
eave or overhang permanently affixed to the building. Outdoor
displays shall not restrict free pedestrian movement and a walkway
of not less than five(5) feet wide shall be maintained between the
doorway(s), exit(s) and the public sidewalk. Exterior merchandise
displays are not permitted on the right of way, front or side yards,
open porches or other outside areas except for forty-eight(48)hours
during permitted special events for no longer than forty-eight(48)
hours. Longer term or permanent exterior merchandise displays may
be permitted if the outdoor display or sale, or both, is conditionally
approved pursuant to §4.34.
ii. § 3.8.5.9 Signs—Signs we pem»tted in accordance with the
provisions of Article 13, Signs,for the base zoning district.
iii. § 3.8.6.8 Signs
3.8.6.8.1 Signs are permitted in accordance with the
provisions of Article 13, Signs.
B. Article 4, Supplemental Use Regulations, Section 4.35.81.. is amended to read:
i. § 4.35.8. Farmers and Produce Markets
f: Signage shall be permitted in accordance with the provisions of
Article 13: 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.
C. Article 19,Nonconforming Uses, Section 19.2.3 Determination of
Nonconforming Lots,Buildings and Structures,is amended to read:
i. § 19.2.3 Determination of Nonconforming Lots,Buildings and
Structures
Nonconforming lots,buildings and structures,except signs,which
are governed by Article 13, shall be determined by the prescribed
dimensional and design standards for lots,buildings and structures
located in base zoning districts, special zoning districts, and overlay
zoning districts provided for in this Chapter.
ORDINANCE ENDING THE NORTH AUGUSTF Page 3
DEVELOPM*CODE—APPLICATION RZT 19-OIOr
D. Articles 3, 4 and 19,Table of Contents will be edited to reflect new page numbers,
titles or item numbering associated with the text changes outlined herein.
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 3r-I DAY OF
f�ii per,2020.
C .
First Reading Jsnttavu L AoAn
Robert A. Pettit, Mayor
Second Reading Sa L.2026
2
Third Reading Erb rT�aoao ATTEST: �p
79�4t"-19-W OS"AAA"
Sharon Lamar, City Clerk
ATTACHMENT #11
Department of Planning
and Development
Memorandum # 19-047
City of north AtIgUSM
To: Rachelle Moody, Interim City Administrator
From: Libby Hodges, AICP, Director of Planning and Development
Subject: APRlication RZT19-006—A request by the City of North Augusta to revise Articles
3,4,and 19 to remove references to signage in the City of North Augusta
Development Code.
Date: December 27, 2019
Due to the adoption of changes to Article 13 of the North Augusta Development Code, staff
requested that the Planning Commission review of an amendment to Articles 3, 4 and 19 in the
North Augusta Development Code to remove conflicting references and text related to signage.
Planning Commission Recommendation
On December 19, 2019, after a duly advertised and convened public hearing,the Planning
Commission considered a motion to recommend that the City Council approve application
RZT19-006 to amend Articles 3,4, and 19 to remove references to signage in the City of North
Augusta Development Code.The Planning Commission, on a vote of 7-0, voted in favor of a
recommendation for the City Council to approve the text amendment.
Attached is the staff report associated with the request along with a draft ordinance approving
the text amendment. A digital copy has been forwarded to the City Clerk and City Attorney for
review. We request that the ordinance is scheduled for consideration by City Council at the
next available meeting,
0
Department of Planning North
Augusta
and Development South Uvollna's Rivonont
Project Staff Report
RZT19-006:Articles 3,4,and 19—Signs
Prepared by: Libby Hodges
Meeting Date: December 19, 2019
SECTION 1: PROJECT SUMMARY
Project Name Articles 3,4, and 19--Signs
Applicant City of North Augusta
Proposed Text Amendment A request by the City of North Augusta to review proposed
changes to Signs in the City of North Augusta Development
Code.
SECTION 2: GENERAL DESCRIPTION
Due to Ordinance 2019-18, a revision of North Augusta Development Code Article 13:Signs,staff
is requesting a revision to the North Augusta Development Code to remove conflicting references
and text from the remaining Development Code.
SECTION 3: PLANNING COMMISSION CONSIDERATION
The Planning Commission is being asked to review a request for a text amendment based on the
following provisions of the North Augusta Development Code:
5.1.4.6 Legislative and Advisory Hearings — The purpose of a legislative public hearing is to
provide the public an opportunity to be heard consistent with the adoption procedures provided
by statute. Unlike quasi-judicial hearings, a legislative proceeding does not require due process
protections such as the right of the parties to offer evidence, cross-examination, sworn
testimony; or written findings of fact. Like quasi-judicial hearings, legislative hearings are public
hearings preceded by notice to interested parties. Public hearings are required for legislative
review hearings such as amendments to a comprehensive plan, amendments to this Chapter
including the zoning provisions of this Chapter and the Official Zoning Map, and applications for
a Planned Development. The order of the proceedings for a legislative hearing shall be as set
forth in §5.1.4.5.b. Testimony may be presented by any member of the public, but need not be
1
0
Project Staff Report
RZT39-006 Articles 3,4,and 19—Text
Amendment to Remove Sign References
Prepared by:Libby Hodges
Meeting Date:December 19,2019
submitted under oath or affirmation.The Planning Commission and Board of Zoning Appeals may
establish a time limit for testimony.
5.3.2 Applicability
This section applies to any application for an amendment to the text of this Chapter or for an
amendment to the Official Zoning Map. An amendment to the Official Zoning Map which
reclassifies property from one zoning district to another is known as a "rezoning." A change to
the text of this Chapter is referred to as a "text amendment".
5.3.3 Initiation
This Chapter, including the Official Zoning Map and any supporting map(s), may be amended
from time to time by the City Council, but no amendment shall become effective unless it shall
have been proposed by or shall have first been submitted to the Planning Commission for review
and recommendation.Any communication purporting to be an application for a change shall be
regarded as mere notice to seek relief until it is made in the form required. Upon receipt of any
communication, the interested parties shall be supplied with the proper application form(s) by
the Director.
(5.3.3.1 Rezoning, does not apply, removed for brevity)
5.3.3.2 Text Amendment—Any person, property owner, board,commission, department
or the City Council may apply for a change in zoning ordinance text. A proceeding for
approval of a text amendment may be initiated by filing an application with the
Department. The application shall be signed by the applicant and shall include the
language of the proposed amendment to the text of this Chapter and the justification for
the proposed change. Before any application is accepted by the Department, it is
recommended that the applicant meet with a representative of the Department. The
purpose ofthe pre-application meeting isto discussthe procedures and requirementsfor
a text amendment request. During the conference, the Department will identify the
submittal requirements.
5.3.5 Decision
5.3.5.1 The Director shall transmit the application to the Planning Commission for
consideration at the next regularly scheduled monthly meeting following receipt of a
complete application, provided that the complete application is submitted at least thirty
(30)calendar days prior to said meeting. Notice of the public hearing shall be provided as
set forth in §5.1.3. The Planning Commission shall approve or deny the zoning
Page 2 of 5
c
Proiect Staff Report
RZT19-006 Articles 3,4,and 19—Text
Amendment to Remove Sign References
Prepared by:Libby Hodges
Meeting Date:December 19,2019
amendment in accordance with the procedures for a legislative hearing as set forth in
§5.1.4.6.
5.3.5.2 At least ten (10) days' notice and opportunity to comment must be given to the
public if the applicant is allowed to present oral or written comments pursuant to S.C.
Code §6-29-760.
5.3.5.3 The Planning Commission shall submit its recommendation to the City Council
within thirty(30) calendar days,or other period required by law, after the initial hearing
date(see S.C.Code§6-29-760(A).A majority vote is required forthe Planning Commission
to approve,approve with conditions,if applicable,or deny a rezoning or text amendment
application. A recommendation of approval with conditions of a rezoning may be
submitted only if a conditional use permit is requested pursuant to §5.5.
5.3.5.4 The City Council shall consider the recommendation of the Planning Commission
on each proposed rezoning and text amendment within thirty(30)days of receipt of the
Planning Commission report. The City Council is not bound by the recommendation in
making a final decision and may call for additional information and/or public hearing(s).
5.3.5.5 No challenge to the adequacy of notice or challenge to the validity of a rezoning
or text amendment, whether enacted before or after the effective date of this section,
may be made sixty (60) days after the decision of the City Council if there has been
substantial compliance with the notice requirements of this section, with established
procedures of the City Council and the Planning Commission and with S.C. Code §6-29.
5.3.6 Approval Criteria
Whenever the public necessity, safety or general welfare justifies such action, the Planning
Commission may recommend amendments to the text of this Chapter or changes to zoning
district boundaries. The Planning Commission shall consider all of the factors specified in this
section,at a minimum, in reviewing an application for a rezoning.The Planning Commission shall
consider the factors specified in§5.3.3.2 in reviewing an application for a text amendment.
The Planning Commission is being asked to review the proposed text changes and provide a
recommendation of approval or denial, which will be forwarded to the City Council. Section
5.3.3.2 does not require additional standards for analysis to address in this staff report.
Page 3 of 5
Project Staff Report
RZT19-006 Articles 3,4,and 19—Text
Amendment to Remove Sign References
Prepared by:Libby Hodges
Meeting Date:December 19,2019
SECTION 4: PUBLIC NOTICE
A public notice of the text amendment request and scheduled date of the Planning Commission
public hearing was published in the North Augusta Star and on the City's website
www.northougusta.net on December 4, 2019.
SECTION 5: HISTORY
The North Augusta Development Code was adopted by City Council on December 17, 2007,
effective January 1, 2008. In response to issues with interpretation, court rulings, unclear text,
and discussions with the Planning Commission,the Planning and Development Department has
completed a review of the sign regulations in North Augusta.
The Planning Commission held a public hearing on lune 20, 2019 and voted to recommend
adoption of the Article 13: Signs revision to City Council. City Council adopted Ordinance 2019-
18 amending the North Augusta Development Code,Article 13:Signs of the City of North Augusta,
South Carolina Code of Ordinances on December 2, 2019.
SECTION 6: SUMMARY OF CHANGES AND PROPOSED AMENDMENTS
The Planning Commission is asked to consider removing and correcting references to Article 13:
Signs that appear in Article 3: Zoning Districts, Article 4: Supplemental Use Regulations, and
Article 19: Nonconforming Uses for consistency throughout the North Augusta Development
Code.
In the attached drafts, items••FUSk-.,.FGug.".are removed and items underlined are added.
References to Article 13,Signs, have been corrected in Article 3:Zoning Districts,Article 4:
Supplemental Use Regulations,and Article 19: Nonconforming Uses. Some pages without edits
are shown to add context to the request.
Prior to submittal to City Council, minor amendments to the text will be made to provide for
consistent formatting, page numbering and modifications to affected Indexes.
Page 4 of 5
Project Staff Report
RZT19-006 Articles 3,4,and 19—Text
Amendment to Remove Sign References
Prepared by:Libby Hodges
Meeting Date:December 19,2019
SECTION 7: ATTACHMENTS
1. Public Notice
2. Revised Text of Article 3 (7 pages)
3. Revised Text of Article 4(1 page)
4. Revised Text of Article 19 (1 page)
I
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i
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Page 5 of 5
i
City of
North Augusta, South Carolina
Planning Commission
PUBLIC HEARING NOTICE
The North Augusta Planning Commission will hold a public hearing at its
regular monthly meeting beginning at 7:00 PM on December 19, 2019, in the
Council Chambers, North Augusta Municipal Center, 100 Georgia Avenue,
North Augusta, South Carolina, to receive public input on the following
applications:
RZM19-004—A request by the City of North Augusta to rezone ±2.43 acres,
Tax Parcel Numbers 007-07-07-001, 007-07-01-002, and 007-07-07-003
located at 311 W. Martintown Rd. from R-14, Large Lot, Single-Family
Residential to P, Public Use.
RZT79-006 -A request by the City of North Augusta to amend North
Augusta Development Code Article 3, Zoning Districts, and other articles as
needed to remove references to signs from the text.
Documents related to the applications will be available for public inspection
after December 12, 2019 in the Department of Planning and Development on
the second floor of the North Augusta Municipal Center, 100 Georgia
Avenue, North Augusta, South Carolina, 803-441-4221. Citizens and
property owners interested in expressing a view on the request are
encouraged to attend.
CITIZEN ASSISTANCE:
Individuals needing special assistance or a sign interpreter to participate in
the meeting are asked to please notify the Department of Planning and
Development at 803-441-4221 at least 48 hours prior to the meeting.
0
ARTICLE 3 —ZONING DISTRICTS
3.8.4 G, Georgia Avenue Overlay District.....................................................3-42
3.8.5 HC, Highway Corridor Overlay District................................................3-52
3.8.6 NP, Neighborhood Preservation Corridor Overlay District...................3-61
3.8.7 LMK, Landmark Overlay District (Reserved) .......................................3-65
TABLES Page
3-1 Zoning Districts.......................................................................................................3-3
3-2 Use Matrix............................................................................................................3-11
3-3 Dimensional Standards.........................................................................................3-27
3-4 Exceptions to Height Limitations...........................................................................3-30
3-5 Maximum Number of Flag Lots.............................................................................3-31
3-6 Design Elements for a Planned Development.......................................................335
37 Uses Permitted in the P, Public Use District..........................................................338
38 Corridor Districts Established................................................................................341
3-9 Dimensional Standards for the Highway Corridor Overlay Districts.......................3-53
3-10 Minimum and Maximum Access Widths................................................................3-54
3-11 Dimensional Standards for the Neighborhood Preservation Corridor
OverlayDistrict...............................................................................................362
FIGURES Page
3-1 Corridor and Intersecting Streets..........................................................................3-41
3-2 Georgia Avenue....................................................................................................3-43
33 Facades................................................................................................................346
3-4 Building Modulation ..............................................................................................347
. . 348
7 49
3-7 Vehicular and Pedestrian Connectivity..................................................................3-55
38 Crosswalk.............................................................................................................3-56
3-9 Mast Arm..............................................................................................................3-57
3-10 Span Wire.............................................................................................................3-57
3-11 Pedestrian Scaled Lighting...................................................................................358
3-12 Benches and Trash Receptacles..........................................................................358
313 Textured Block Retaining Wall..............................................................................3-59
314 Large Building Broken into Separate Facade Modules.........................................3-60
3-15 Example of Residential Structure Converted to Commercial Use
In the Neighborhood Preservation Corridor...........................................................363
North Augusta Development Code 32
ARTICLE 3 —ZONING DISTRICTS
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. (Rev. 6-20-16; Ord. 2016-14)
3.8.4.4.4.3.10 Number of Materials—Not more than three (3) materials may be used on
the exterior front facade (excluding windows, doorways and awnings).
3.8.4.4.4.3.11 Window Frames —Window frames should be metal, wood or vinyl, and
must be painted or vinyl clad.
3.8.4.4.4.3.12 Doors— Doors may be solid or hollow core metal, aluminum, fiberglass or
wood, and may be either solid or have glass or louvers. Glass in any door shall be
transparent or leaded glass. Doorframes may be metal or wood, and must be painted or
stained. Solid doors shall have raised panels and/or louvers.
3.8.4.4.4.4 Canopies, Arcades and Awnings for Civic Buildings and Uses —
Canopies, arcades, awnings, and similar appurtenances may be constructed over the
entrance to any building, and/or over windows subject to the criteria established in
§3.8.4.4.4.3.5.
318.4.5 Sign Design and PlaGement
FIGURE 3-5
FREESTANDING
SIGN
6 @R f a wall or Ganapy sign does not PFGY de adequate Y;6 bil ty.
.
Fe
OF other
apipwyad dark noinr, mAtR1 IS a part an of the shaft shall have a d metexseeding
ton (IQ) nGhes.
e. a.
f The sign shall not obstruct or Mariam w th pedest4an traffic, park ng OF 1 nes of�
Faqu red f0F tFaff G safety (6 @ht IF angle). (Rev. 6 21 42i 04 2012 08)
North Augusta Development Code 3-48
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ITTTy
0
ARTICLE 3 —ZONING DISTRICTS
MA-5.9
n. ...... ni.they,nroy ..6n6 the e'en is td
IffindowSigns Window sgnG shall Rot exGead four (4) square feet per
ee -5.9 ne.Ge Wee n eGaewhichever
greater The Win of + 'ndn• aha not n nnA twenty (20) n e fent nr f..n
tlti .V.. • n'nnn v un•. +um
nr..n
n. lC0/\ ni.hn arnG ni the Fant is cad e_ uhiGheye. n nmater` WRdn v e'n nG eha I I be
•h'Gh the letteFS OF gFanh'n are nslr Gted of n n A.hinn n peFmilled
3.8.4.5.90 Outdoor Display and Sale — Goods shall not be displayed or stored on
the exterior of the building except under a porch roof, save or overhang permanently
affixed to the building. Outdoor displays shall not restrict free pedestrian movement and a
walkway of not less than five (5) feet wide shall be maintained between the doorway(s),
exit(s) and the public sidewalk. Exterior merchandise displays are not permitted on the
right of way,front or side yards, open porches or other outside areas except forforty-eight
(48) hours during permitted special events for no longerthan forty-eight(48)hours. Longer
term or permanent exterior merchandise displays may be permitted if the outdoor display
or sale, or both, is conditionally approved pursuant to §4.34.
3.8.4.6 Utilities and Trash Receptacles—
3.8.4.6.1 Utility Structures — All new transformer vaults, utility structures, utility
service meters, air vents, backflow preventers and any other similar devices, including
these facilities when located below grade, must be located behind the front setback or the
front facade, whichever is furthest from the front property line. In the event such facilities
cannot physically be located in conformance with this section they must be adequately
screened to minimize the visual impact.
3.8.4.6.2 Dumpsters and Roll Carts—Trash receptacles including dumpsters and
roll carts and utility equipment shall be either located in an alley, or screened so as not to
be visible from the public right of way.
3.8.4.7 Off-Street Parking-
3.8.4.7.1 Principal Use—Parking is not permitted as a principal use.
3.8.4.7.2 Amount Required—No off-street parking is required for any use.
3.8.4.7.3 Location — No off-street parking shall be permitted between a principal
structure and any street. No surface parking area shall adjoin Georgia Avenue. All off-
street parking shall be located in the rear of buildings.
3.8.4.7.4 Landscaping — Surface parking areas, including but not limited to all
parking for parcels and buildings fronting on Georgia Avenue, are subject to the
landscaping standards in this section and the requirements of Article 10, Landscaping.
3.8.4.7.5 Screening—Parking areas shall be screened along any road or street right
of way with a permanent wall, fence or vegetative screen between thirty (30) and forty-
eight(48)inches in height. This subsection does not apply to alley rights ofway,structured
parking areas, or parking areas that are screened from the view of public streets by
buildings.
North Augusta Development Code 3-50
ARTICLE 3 —ZONING DISTRICTS
3.8.5.8.5 Front Setback Landscaping—
a. Landscaping shall be provided on the site and parking areas in accordance with the
provisions of Article 10, Landscaping, and this section.
b. If a front setback of five (5)feet is utilized the front setback shall be landscaped to the
standards of a Type A buffer or paved as a widened extension of the public sidewalk.
c. If a front setback of thirty (30)feet is utilized the first twenty (20) feet measured from
the property line shall be landscaped to the standards of a Type A buffer. (Rev. 12-1-
08; Ord. 2008-18)
d. If the front setback exceeds thirty (30) feet, the first twenty-five (25) feet measured
from the property line shall be landscaped to the standards of a Type B buffer.
e. If the front setback exceeds thirty (30) feet and parking or a drive aisle is provided
between the front property line and a structure, the first twenty (20) feet measured
from the property line shall be landscaped to the standards of a Type D buffer. (Rev.
12-1-08; Ord. 2008-18)
3.8.5.9 Signs — Signs are permitted in accordance with the provisions of Article
13, Signs, for the base zoning district wRles6 6peGif ad 0111APORe IR th 6 SeGtien. (Rev. 2-
21-11; Ord. 2011-01)
3.8.5.10 Building Design and Materials-
3.8.5.10.1 Architectural Plans — Architectural plans of all elevations of proposed
structures shall be submitted with a site plan application. Architectural plans shall include
relationships to public views and vistas, construction materials, photographs or
perspective drawings indicating visual relationships to adjoining properties and spaces.
3.8.5.10.2 Wall Detail and Fenestration—All walls visible from a street, parking area
or other public space shall include windows,entryways or other wall details equal to twenty
percent (20%) of the wall surface in order to break up large expanses of blank wall
surfaces.
3.8.5.10.3 Facade Modulation—Facade modules shall not exceed eighty(80)feet in
width and the average of all facade modules on a building may not exceed forty (40)feet.
FIGURE 3-14 LARGE BUILDING BROKEN INTO SEPARATE FACADE MODULES
p � y t�
ip e
0, 1PI
North Augusta Development Code 3-60
c o
ARTICLE 3—ZONING DISTRICTS
3.8.6.5.4 Parking shall not be permitted between structures and the corridor street.
Parking shall be located on the side or in the rear of buildings only. Parking visible from
the front shall be screened with a permanent wall, fence or hedge not less than forty-two
(42) and no more than sixty (60) inches in height.
3.8.6.6.6 Parking areas shall be setback at least five (5) feet from the property line
provided, however, that if the property line abuts an alley, no setback is required unless
the alley abuts a front or side yard of a parcel that is zoned residential or in a residential
use.
3.8.6.6.6 Parking areas shall be improved with an approved surface pursuant to the
provisions of Article 12, Parking. Ground surface areas not covered with an approved
surface shall be restricted from parking by signage and curbing, fencing or other physical
barriers.
3.8.6.6 Landscaping Requirements-
3.8.6.6.1 Street Trees and Plantings—One(1)street tree shall be planted for every
forty(40)feet of frontage on the corridor street in accordance with Article 10, Landscaping,
unless existing trees are in place and meet the standard. Required trees and plantings
shall be planted between the sidewalk and curb where there is adequate space. In the
event there is inadequate space between the sidewalk and curb as determined by the
Director, the required trees may be planted behind the sidewalk in the front setback. If
planted in the front setback the general alignment of street trees in the corridor shall be
maintained to the extent practicable.
Comment: City Code §19-18 provides: Damaging trees, shrubs, etc., along streets.
Except as otherwise provided, it shall be unlawful for any person to cut, break, mutilate,
deface or in any manner destroy or damage any tree, flower, vine, plant or shrub, or any
boxing, pot or other thing provided for the protection thereof in or upon any street, alley,
square or sidewalk in the city.
3.8.6.6.2 General Lot Landscaping—See Article 10, Landscaping.
3.8.6.6.3 Parking Lot Landscaping—See Article 10, Landscaping.
3.8.6.7 Lighting —All lighting shall be directed on-site or onto adjacent walkways
and shall be shielded from interfering with corridor traffic and direct off-site viewing.
3.8.6.8 Signs—
3.8.6.8.1 Signs are permitted in accordance with the provisions of Article 13, Signs;
Unless spas f ad olherw gain this sent on.
3,8.6.8,1 DFveway d rect oRal 6 gR6 a FS not Perm red _RIRAA the G Fill 'At an pattern
for an eAtAhl Ahmant A not ON,0 -A and traffic must pr( fo
sen,Ge:
MIA a q Window 6 9n6 are no perm tied
North Augusta Development Code 3-64
ARTICLE 3 — ZONING DISTRICTS
n WI;'..6 the nNgraphics n' n , ted of neon ♦ A'ng are ted
Rated n gRS She" nnl ho n Anted nnhthat the dimMi Anand intermity of lighting
3.8.6.9 Utilities and Trash Receptacles — All trash receptacles and utility
equipment shall be located in the side or rear yard.Trash receptacles and utility equipment
shall be screened so as not to be visible from the public right of way.
3.8.6.10 Business Operations for Nonresidential Uses —
3.8.6.10.1 Business hours of operation shall be limited to the period from 7:00 a.m.to
9:00 P.M.
3.8.6.10.2 Goods shall not be displayed or stored on the premises in a manner that is
visible from the exterior of the building. Merchandise displays are not permitted on the
right of way, or in any yard or setback, or on any open porch. Merchandise displays are
permitted on covered porches.Window displays shall not exceed ten (10) square feet per
display and shall not cumulatively exceed twenty (20) square feet or five percent (5%) of
the area of the front facade, whichever is greater.
3.8.7 LMK, landmark Overlay District(RESERVED)
North Augusta Development Code 3-65
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ARTICLE 4—SUPPLEMENTAL USE REGULATIONS
4.35.8 Farmers and Produce Markets (Adopt. 12-1-08; Ord. 2008-18) (Rev. 6-
20-16; Ord. 2016-12)
Farmers markets that sell fresh produce including 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 accessed from an arterial or
collector roadway. Produce sold maybe 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 §136;
TemporaryArticle 13. 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.
4.35.9 Mobile Food Vendors (Adopt. 6-20-16; Ord. 2016-12)
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 fitty-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 owners/operators must obtain and maintain any and all required state
health and restaurant approvals and licenses as they relate 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 % acre, up to two food trucks are
permitted on the property at the same time.
2. Commercially zoned properties between %and %acre in size are permitted up to
three food trucks at the same time.
North Augusta Development Code 4-26
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ARTICLE 19 - NONCONFORMING USES
19.1.3 Incompatible with Permitted Uses
Nonconforming uses are hereby declared to be incompatible with the permitted uses in
the districts involved.
19.2 APPLICABILITY
19.2.1 Nonconforming Uses Defined
Within districts established by this Chapter or amendments thereto, there exist lots,
structures, site improvements, activities and uses of land or structures, and characteristics
of uses, which were lawful before the effective date this Chapter was enacted, amended
or otherwise made applicable to such lots, structures, improvements, activities and uses
of land or structures, but which now do not conform to the regulations of the district in
which they are located. These lots, structures, site improvements, activities and uses of
land or structures are defined as nonconforming uses, nonconforming buildings or
structures or nonconforming site improvements.
19.2.2 Determination of Nonconforming Uses
Nonconforming uses and activities shall be determined pursuant to the Use Matrix, Table
3-2.
19.2.3 Determination of Nonconforming Lots, Building and Structures
Nonconforming lots, buildings and structures except signs, which are governed by Article
13 inGlud Ag-Signe--shall be determined by the prescribed dimensional and design
standards for lots, buildings and structures located in base zoning districts, special zoning
districts, and overlay zoning districts and-sigas-provided for in this Chapter.
19.2.4 Determination of Nonconforming Site Improvements
Nonconforming site improvements shall be determined by the prescribed improvement
standards related to parking, drainage, landscaping, buffers and other standards
contained in this Chapter.
19.3 NONCONFORMING LOTS OF RECORD
19.3.1 Preexisting Nonconforming Lot
Where a lot of record at the time of the effective date of this Chapter has less area,width
or depth than herein required in the district in which it is located, and the owner of such lot
does not own any other parcel or tract adjacent thereto, said lot may nevertheless be used
for any use permitted within the district in which it is located, provided that the setback
requirements as provided for in Table 3-5 are reduced by no more than forty percent
(40%).
19.3.2 Subsequent Nonconforming Lot
Where the owner of a lot that was subdivided subsequent to the effective date of this
Chapter does not own sufficient land to enable him to conform to the dimensional
requirements of Table 3-5, such lot may be used as a building site provided the proposed
structure conforms to the minimum setback requirements only after a variance has been
granted by the Board of Zoning Appeals pursuant to§18.4.5.4.2.
North Augusta Development Code 19-2