§ 16-18. Development standards.

The following site development standards shall apply when either new development or expansion of twenty-five (25) percent of the existing building square footage occurs.

(1)

Minimum setback. No improvements shall be placed within thirty (30) feet of any street side property line or within twenty (20) feet of any interior property line except that in the case of interior property lines, zero (0) setback will also be allowed in retail and office areas where buildings can be constructed adjacent to each other with a common wall.

The following improvements, or parts of improvements, are specifically excluded from the setback requirements set forth in section 16-18(1):

a.

Unsupported roof overhang or sunscreen provided such overhang does not extend more than six (6) feet into the setback area;

b.

Steps and walkways;

c.

Paving and associated curbing. Vehicle parking areas shall be permitted within thirty (30) feet of a property line fronting upon any special landscaped street (Garrison Ave., George Hornback Ave., Ward Schrantz Ave., Marlin Perkins Ave., George Phelps Blvd., Annie Baxter Ave., Emma Knell Ave., and Myers Circle) or within ten (10) feet of any other street;

d.

Landscaping or irrigation systems;

e.

Planters, architectural fences, walls not exceeding forty-two (42) inches in height; and,

f.

Underground utility facilities and services.

(2)

Landscaping. Each lot shall be landscaped in accordance with the approved plans within ninety (90) days following completion of construction or by the date each improvement is occupied, whichever occurs first. A minimum of ten (10) percent of the area within the property lines shall be devoted to landscape materials. After completion, landscaping shall be maintained in a well-kept condition.

a.

Landscaping. Landscaping is required as follows:

1.

Landscaping general provisions.

i.

Landscaping shall be provided which is sufficient to provide soil stability and suitable drainage.

ii.

Trees, shrubs, ground cover and grass shall be the primary source of landscaping and shall be placed and/or retained in such a manner as to reduce runoff.

iii.

The current property owner shall properly maintain all landscaping and shall replace any landscaping that dies or is damaged.

iv.

Native vegetation should be used when possible in order to minimize watering.

v.

Landscaping should attempt to incorporate existing on-site trees and shrubbery.

vi.

Providing outdoor spaces and places for people to gather is encouraged.

2.

Landscaping along specially landscaped streets and perimeter street property lines.

i.

Landscaped area required. A fifteen (15) foot wide landscaped area shall be provided along the front property line exclusive of right-of-way. Entrance drives, exit drives and sidewalks are allowed to cross the fifteen (15) foot landscaped area provided the integrity of the landscaped area is maintained. Twenty (20) feet from the back of the curb to the property line is required on specially landscaped streets plotted. Secondary streets will be determined on a case-by-case basis by the committee.

ii.

Variance. The width of the landscaped area may be reduced in front parking lots to ten (10) foot by providing a screened area between the parking lot and street right-of-way. Screen parking lots with a two (2) foot six (6) feet high view obscuring berm with plant materials, wall with plant materials, or with view obscuring plant materials, measured from the surface of the parking lot. If view obscuring walls with plant materials are utilized for screening, then construct view obscuring walls a minimum of five (5) feet from the property line with landscaping located between the wall and the property line. Construct all view obscuring walls out of wood, masonry, or other natural-looking materials.

iii.

Trees.

(a)

Trees shall be planted in the fifteen (15) foot landscaped area at a ratio of one (1) tree per thirty (30) feet of front property line and may be planted together in groups. No group may count more than twenty-five (25) percent of the required number.

(b)

Species selection shall be at the discretion of the developer. However, native species recommended by University Extension Center are encouraged.

(c)

Trees planted shall have a two (2) inch caliper (diameter) measured six (6) inch above ground level at the time of planting with at least fifty (50) percent with an expected mature height of sixty (60) foot or more. In cases of existing overhead power lines, trees shall be planted that will not interfere with existing power lines.

(d)

Each tree shall have a minimum of one hundred (100) square feet of permeable surface located under the potential canopy of the tree. Paving blocks, bricks, and iron and plastic grates maybe used over the tree root system to allow air and water into the root system. Plantings shall conform to the city's line of sight Ord. No. 6761 (section 17-1).

(3)

Signs. The intent of this sign standard is to prevent the proliferation of signs which result in visual clutter which is harmful to the aesthetics and property values of Myers Park and, left uncontrolled, promotes traffic hazards.

Application for sign construction approval must be included in the plans submitted to the engineering department. Approval will be based on the following general conditions:

a.

Signs in Myers Park will not be permitted if they are not permitted by the city's sign ordinance.

b.

An area identification sign used to identify a common area containing a group of structures, or a single structure on a minimum site of four (4) acres will be allowed. Each site will be allowed one (1) additional area identification sign per each additional full four-acre increment. Partial acre increments will not be allowed additional area signage. Area identification signs will be allowed to be no taller than thirty-five (35) feet or have no more than two (2) columnar supports. Message boards will not be permitted on area identification signs.

c.

Area identification signs are encouraged to serve as joint identification signs which serve as common or collective identification for a group of persons or business operations in the same area.

d.

Monument signs with appropriate landscaping are encouraged within the development.

1.

Monument signs shall be a maximum of six (6) feet high, seventy-five (75) square feet in area and conform to the city's Ord. No. 6761 (section 17-1).

2.

Owners of buildings with more than one (1) tenant shall be responsible for the provision of monument signage with sign area for multiple tenants.

3.

Content of monument signs shall be limited to the name of the business. Advertising shall not be permitted on the monument sign.

e.

Flashing or blinking signs are not permitted.

f.

Any sign not placed by the city within a public right-of-way is prohibited.

1.

One (1) freestanding sign not exceeding four (4) square feet in area and no taller than six (6) feet from the level of the street it faces shall be permitted at each entrance or exit on a lot or parcel to identify such entrance or exit. No such sign shall be erected which would create a traffic hazard or obscure the line of sight.

g.

Any sign which displays indecent or immoral matter is not permitted.

h.

Signs which are attached to a structure that can be rolled or moved from one place to another are not permitted.

i.

Portable swinger, windblown, or temporary attraction signs are not permitted.

j.

Use of a vehicle or trailer as a sign shall not be permitted.

k.

Signs shall not be permitted on the peak of the roof.

l.

Any sign affixed parallel to an exterior wall or printed on an exterior wall of any building shall not project above the top of the wall or beyond the end of the building. This shall apply to any sign affixed to or painted on the face of a building marquee, building awning or building canopy. Wall sign area shall not exceed twenty (20) percent of that wall area or two hundred (200) square feet, whichever is less. A second wall sign may be allowed if it is determined that the structure has more than one (1) front facing a street. Allowance of a second wall sign will be at the discretion of the director of engineering and economic development director. Each business occupying the same building structure may have an identifying sign.

m.

Signs which are attached to any tree, fence, or branch are not permitted.

n.

Any sign which blocks the clear sight triangle of any intersection is not permitted.

(4)

Parking areas. Off-street parking adequate to accommodate the parking needs of the owner or occupant, including employees and visitors, shall be provided for each lot. The intent of this provision is to eliminate on-street parking.

(5)

Site coverage. The maximum building coverage on any lot shall not exceed fifty (50) percent of the total area of the lot. A maximum of ninety (90) percent of the development site may be covered by the ground floor of any structure, parking lots, sidewalks, and private streets and drives or any other impermeable surface.

(6)

Storage, service and loading areas. Storage, service, maintenance and loading areas must be constructed, maintained and used in accordance with the following conditions:

a.

No materials, supplies or equipment, including trucks or other vehicles, shall be stored upon a site except inside a closed building or behind a durable material fence or wall not less than six (6) feet in height, screening such materials and vehicles from visibility from adjacent lots. Any outdoor storage area shall be located upon the rear portion of a lot. No storage area may extend into a setback area.

b.

No on-street vehicle loading shall be permitted.

(7)

Screening for commercial buildings and development.

a.

Screening shall mean a view obscuring fence, view obscuring berm, view obscuring architectural treatment, or view obscuring vegetation, or a combination of the four (4), of sufficient height to prevent the view of the screened items from vehicular and pedestrian traffic on adjacent streets. Vegetation shall be planted at a density sufficient to become view obscuring within two (2) years from the date of planting.

b.

Mechanical and utility equipment, trash enclosures, and outdoor storage of material and equipment shall be screened if visible from the highway/street right-of-way or from residential property as set forth below:

1.

Mechanical and utility equipment. All mechanical and utility equipment located on the wall and/or on the ground shall be screened. All roof-mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building. Mechanical and utility equipment over thirty (30) feet in height shall meet building setbacks.

2.

Trash enclosures. Trash enclosures shall be screened with access not visible from the street.

3.

Outdoor storage of material and equipment. Outdoor storage of material and equipment shall be screened. Outdoor storage shall include items for rent or sale other than automobiles and similar vehicles. Storage shall mean that the items are located outside for more than forty-eight (48) hours.

(8)

Fences. The following types, height, and location of fences shall be prohibited:

a.

Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited if visible from the street right-of-way.

b.

Chain link. Chain link fence is prohibited if closer to the street than the front of the building.

c.

Height of fences in front of buildings. Fences located in front of the primary structure may be solid up to thirty (30) feet in height. Any part of a fence which exceeds thirty (30) feet in height shall not obstruct the view of the primary structure from the right-of-way.

(9)

Driveways. Shared drives and cross access between properties shall be encouraged to developed and undeveloped adjoining properties.

(Ord. No. 99-80, § I, 11-23-99)