This article presents the different ways that land can be subdivided and developed, ranging from conventional subdivisions, to open space subdivisions where green space and natural features are preserved by reducing lot sizes, to various types of master planned developments including mixed use master planned developments, traditional neighborhood developments, and senior housing subdivisions, which allow a wider variety of housing types in a well-planned, walkable environment that maximizes green space -and provides a variety of amenities.

(Ord. of 10-13-2020)

(a)

Minor subdivisions; general.

(1)

A "minor subdivision" is the subdivision of five or fewer lots in which each lot has frontage on an existing county street or road, and which does not involve the construction of a new street or the widening of an existing roadway, the provision of stormwater drainage facilities (other than driveway culverts), or the construction or improvement of any public utilities.

(2)

Minor subdivisions, as more fully described under this section, shall be reviewed and processed as final subdivision plats under the provisions for such plats in the procedures and permits article of this Development Code.

(3)

The term "original tract" as used in this section means a unit of land which the owner holds under single or unified ownership, or which the owner holds controlling interest in, on the effective date of adoption of this Code.

(4)

The term "contiguous common parcels" as used in this section means parcels adjoining or touching other land at a common point and having a common owner, regardless of whether or not portions of the parcels have separate tax lot numbers, or were purchased in different land lots, or were purchased at different times.

(b)

Types of minor subdivisions. Minor subdivisions are defined as, and limited to, any one of the following:

(1)

Recombination. The sale or exchange of portions of adjoining lots between separate or common owners of adjoining properties, including the recombination of existing lots of record, provided that additional lots are not thereby created, and that all resulting lots are in accordance with the zoning and other provisions of this Development Code, and all other applicable laws and regulations.

(2)

Minor subdivision plat. In order to be approved as a minor subdivision plat, the division of land must create no more than five lots, building sites, or other divisions (including the remaining portion of the original tract) and meet the following criteria:

a.

Each lot shall front on an existing paved public road and meet the minimum requirements of the zoning district.

b.

Each lot shall access the existing paved public road by way of a shared driveway unless approved for an individual driveway access by the public works department.

c.

All slope and utility easements, as well as required street rights-of-way as determined by the planning and community development director based on the comprehensive plan, are provided at no cost to the county.

d.

Each proposed lot shall comply with the requirements of the health department whose certification of approval shall be required prior to the approval of the final plat by the planning and community development director.

e.

The potential location of a driveway connection serving each lot and meeting the requirements of these development regulations must be reviewed and approved by the public works department and shall be indicated on the final subdivision plat.

(3)

Estate subdivision. Estate subdivisions may be developed in the AG agricultural zoning district under the following provisions:

a.

Each lot created by the subdivision, including the remaining portion of the original tract, must contain ten acres or more.

b.

Each proposed lot shall provide at least 100 feet of frontage upon the street, shall provide at least 150 feet of lot width measured in accordance with the requirements of this Development Code, and shall meet or exceed all other minimum requirements of the AG zoning district. These dimensions must be increased to 200 feet of frontage and 300 feet of lot width if further subdivision (under subsection e. below) is anticipated or desired.

c.

Each proposed lot abuts upon an existing paved public street.

d.

All slope and utility easements, as well as required street rights-of-way, as determined by the planning and community development director based on the comprehensive plan, are provided at no cost to the county.

e.

Each lot, thus created, may be re-subdivided into lots of no less than five acres as a minor subdivision pursuant to these regulations, provided that each such lot shall meet all requirements of this Development Code (including minimum lot width and frontage).

f.

Each proposed lot shall comply with the requirements of the health department whose certification of approval shall be required prior to approval of the final plat by the planning and community development director.

g.

The potential location of a driveway connection serving each lot and meeting the requirements of these development regulations must be reviewed and approved by the public works department and shall be indicated on the final subdivision plat.

(c)

Limitations on minor subdivision.

(1)

Purpose. It is the intent of the board of commissioners to provide for the division of land not a part of a larger common plan of development (i.e., as a minor subdivision), whereby a tract of land may be divided into not more than five individual tracts of land, provided all tracts of land within the minor subdivision have appropriate frontage, access, and otherwise comply with all county regulations, including this Development Code.

(2)

Chain subdivisions prohibited. Minor subdivisions provide certain development advantages that tend to favor their use over the filing of major subdivision applications. Given these development advantages, there is a risk that subdividers may seek to divide a parcel via consecutive and/or contiguous minor subdivisions, instead of filing as a major subdivision. It is the intent of the board of commissioners to prohibit the practice of such "chain" subdivisions that seek to evade the major subdivision development regulations such as where the same land owner subdivides land and then files additional minor subdivision applications of the same land or on contiguous common parcels, which collectively creates six or more lots within a period of three years. It is also the policy of the board of commissioners to prohibit the division of lots adjacent to each other within a three-year time period, in cases where part of an original tract of land is now owned by another person or entity and was transferred or sold to another owner with the apparent intent to circumvent the requirements for major subdivisions. Notwithstanding any provision to the contrary, nothing in this section shall prohibit the division of land or adjacent parcels if such division results in the creation of a total of five or fewer lots within a three-year period, provided all tracts of land within the minor subdivision have appropriate frontage, access, and otherwise comply with all county regulations, including this Development Code.

(3)

Contiguous common parcels shown on subdivision plats. Contiguous common parcels, as defined by this section, shall be referenced on all applications for subdivision of land, and contiguous common parcels shall be considered part of any application for subdivision of land, for purposes of determining whether or not the division of land proposed is a part of a larger common plan of development, but is being submitted as a minor subdivision in an apparent attempt to circumvent the requirements for major subdivisions. Common contiguous parcels shall not be counted as lots in the case of a minor subdivision.

(4)

Additional limitations. This section only applies to the division of property into not more than five total parcels, and within any three-year period. This provision shall not be construed to prohibit the approval of two contiguous subdivisions under separate ownership; however, this provision is intended to be construed liberally so that one property owner does not develop a subdivision on part of an original tract and transfer or sell another part of the original tract for the purposes of subdivision within a three-year period.

(Ord. of 10-13-2020)

Major subdivisions; defined. A "major subdivision" is any subdivision that does not qualify as a "minor subdivision" under section 89-462, or any subdivision of fewer than six lots that involves the construction of a new public or private street. A major subdivision commonly involves the construction of a new street or widening of an existing roadway, the provision of stormwater drainage facilities, or the construction or improvement of public utilities, or which otherwise has six or more lots (not in a large lot minor subdivision), building sites or other divisions.

(a)

Types of major subdivisions. Major subdivisions fall into five categories for the purpose of development regulation:

(1)

Conventional subdivisions. Wherein the maximum density allowed for the zoning district determines the maximum number of lots in the subdivision, and all of the lots meet the minimum lot size and other dimensional requirements for the zoning district as shown on Table 4.1 of article IV. Open space outside of the lots may be created but is not required.

(2)

Open space subdivisions. Wherein the zoning district density limitation may be increased as provided in this article and the minimum lot size is reduced to allow for maximum flexibility on a site and in order to create conservation areas, open space and recreational amenities for the residents.

(3)

Mixed use master planned developments. A type of master planned development in which the zoning district density limitation may be increased as provided in this article and the minimum lot size of the zoning district is reduced in order to create open space and recreational amenities for the residents. Depending on the zoning district in which a master planned development is located, flexibility in housing types, mixed-use projects and certain commercial uses are allowed.

(4)

Traditional neighborhood developments. A type of master planned development in which the zoning district density limitation may be increased as provided in this article and the minimum lot size of the zoning district is reduced in order to provide walkable, compact neighborhoods, a mix of uses and housing styles, and encourage neighborhood interaction, safety, and security.

(5)

Senior housing developments. A type of master planned development in which the zoning district limitation may be increased as provided in this article and the minimum lot size reduced in order to provide a development of neighborhoods with specialized design oriented toward senior citizens. These neighborhoods are age-restricted with amenities geared toward the senior residents.

The following table presents a summary of the requirements of this article as they apply to each of the three types of major subdivisions. Refer to the text and other tables of this article for specific provisions.

Table 5.1: Summary Comparison of Major Subdivisions

* All requirements of article IV apply to conventional subdivisions.

** Not applicable. All open space subdivisions and mixed use master planned developments must be connected to a public water system except in the AG and AR zoning districts.

*** Not applicable. All traditional neighborhood developments and senior housing subdivisions must be connected to public water and sewer systems.

(Ord. of 10-13-2020)

(a)

Maximum number of lots. The maximum number of lots (or dwelling units) in a conventional subdivision shall be determined by the density allowed for the zoning district and the comprehensive plan land use designation where the subdivision is located, multiplied times the gross acreage of the subdivision site.

(b)

Minimum lot size. In a conventional subdivision, the lot area per dwelling unit shown on Table 4.1 of article IV establishes the minimum lot size for each lot.

(c)

Minimum lot width, setbacks. The lot width and setback requirements of article IV apply to each lot in a conventional subdivision.

(d)

Other lot and building standards. All other lot and building standards contained in article IV and not modified under this section shall apply to conventional subdivisions.

(e)

Conservation, open space and recreation. Requirements regarding the protection of primary conservation areas in natural resource easements and the provision of recreation amenities in conventional subdivisions can be found under section 89-469.

(f)

Reserved.

(Ord. of 10-13-2020)

Open space development provisions may be applied to any residential subdivision in any zoning district. In addition to any conditions of zoning approval that may apply to a specific property, the following shall apply to all such subdivisions:

(a)

Maximum number of lots. An open space subdivision shall not exceed the overall maximum density of dwelling units per acre allowed for the zoning district under Table 4.1 of article IV plus density bonuses in accordance with the following table, Table 5.2. The maximum number of lots shall not exceed the maximum density allowed under Table 4.1 Plus the applicable density bonus indicated below.

Table 5.2: Open Space Density Bonuses

(b)

Minimum lot size. The minimum lot size per dwelling unit shall be established as part of the preliminary subdivision plat (see project approval under the procedures and permits article of this Development Code), provided that all lots shall comply with health department requirements depending on the source of water supply and method of sewage disposal.

(c)

Location of structures; lot widths and setbacks.

(1)

Minimum lot widths and building setbacks shall be established through approval of the preliminary subdivision plat. However, the following restrictions shall apply:

a.

Principal buildings within the development, if separated, shall not be less than 20 feet apart.

b.

Every dwelling unit shall have direct access to a street, court, walkway or other area dedicated to public use.

c.

Health department requirements regarding lot sizes using on-site sewerage disposal shall be met.

(2)

The front or rear face of a dwelling unit shall be not less than 50 feet from the front or rear face of another dwelling unit. The unattached side face of a single-family attached building shall be not less than 40 feet from the rear face of another such building or unit.

(3)

No dwelling unit shall be situated so as to face the rear of another dwelling unit within the subdivision unless terrain differences or vegetation will provide effective visual separation.

(d)

Other lot and building standards. All other lot and building standards contained in article IV and not modified under this section shall apply to open space subdivisions.

(e)

Conservation, open space and recreation. Requirements regarding the protection of primary conservation areas in conservation easements, the provision of common open space and the provision of recreation amenities in open space subdivisions can be found under section 89-469.

(Ord. of 10-13-2020)

The mixed use master planned development provides a development opportunity that mixes types of housing and nonresidential properties within the same development.

(a)

Special approval required. Because mixed use master planned developments allow housing types and nonresidential uses that may not otherwise be allowed in the zoning district, approval of a special use is required.. An application for a mixed-use master planned development shall follow the zoning process for special use approval as prescribed in Section 89-1316 with the following modifications:

(1)

All such special use approval applications shall be accompanied by a zoning exhibit for review and approval by the planning and community development director. The zoning exhibit shall provide all information necessary to demonstrate that it achieves the criteria provided in section 89-466 (this section), as applicable.

(2)

If the special use approval application is approved by the board of commissioners, then such zoning approval shall be conditioned to the applicant achieving development in substantial conformity with the zoning exhibit, including any modifications or conditions approved by the board of commissioners pursuant to its deliberations on the application.

(3)

Zoning exhibit approval shall not constitute entitlement to permits.

(4)

Each applicant for a mixed-use master planned development shall provide evidence of the unified, single ownership of the entire parcel, consistent with the provisions of section 89-466(g).

(5)

In addition to meeting the requirements of section 89-1316, the zoning exhibit shall include the following information:

a.

A location map showing the boundaries of the property and identifying the current zoning of the property, as well as zoning on adjacent properties.

b.

A plan showing applicable details, to include lots, streets and right-of-ways, setback lines, dwelling sizes, off-street parking, on street parking, street trees, sidewalks, multiuse trails, stormwater management facility areas, floodplain and wetland boundaries, topography and open space.

c.

Specifications, calculations and applicable percentages for common open space, density calculations, lot sizes, land use, gross and net acreage, dwelling units, and parking.

d.

Color-rendered elevations of front, sides and rear of all typical units, including proposed building materials, building heights and any other structures.

e.

Conceptual signage plan.

(6)

Phasing plan. A phasing plan shall be submitted with the concept plan, and approved by the planning and community development director, unless the entire development is to be completed at one time. Such phasing plan shall describe and illustrate in written and graphic format the incremental implementation of the mixed-use master planned development over a number of years, including the sequence, timing and responsibility for construction of each building, support facilities, infrastructure and utilities. Revision of the phasing plan is permitted and must be approved by the planning and community development director prior to each construction phase.

(7)

Concept plan. A concept plan must be submitted and approved by the planning and community development director after the special use approval process and prior to submittal of an application for a land disturbance permit. The purpose of the concept plan review is to ensure the soundness of the proposed development, compatibility with the surrounding area and compliance with zoning conditions. The concept plan shall be developed in substantial conformance with the zoning exhibit approved by the board of commissioners, along with any conditions added thereto by the board of commissioners.

(8)

Building plans. Prior to issuance of a building permit for any occupied structure to be located within a mixed-use master planned development, the builder shall provide architectural plans and elevations at a scale no smaller than ⅛"=1'-0" that demonstrate compliance with the zoning exhibit and any conditions added thereto by the board of commissioners.

(9)

Other requirements. The applicant shall adhere to all other applicable requirements of this Unified Development Code and other applicable requirements of Barrow County. In any case where the standards and requirements of this section conflict with other provisions of the Barrow County Code of Ordinances, the requirements of this section shall govern.

(b)

Criteria for approval.

(1)

Mixed use master planned developments (MUMPDs) are encouraged in appropriate locations throughout the county that allow the use of innovative techniques, such as traditional neighborhood design, resource conservation subdivisions, village concepts and mixed use development. Such master planned developments must provide compatible and unified development while allowing flexibility within the current zoning regulations.

(2)

All MUMPDs must propose innovative design, the protection and accommodation of important natural resources and open space. MUMPDs are reviewed individually to determine compatibility, suitability, and health, safety and welfare issues. Individual requirements relating to such developments become part of the concept plan through conditions of zoning.

(3)

Review criteria. The following is a list of criteria that will be used by the county to determine the suitability of a proposed MUMPD in addition to the standards for approval of a special use contained in the procedures and permits article of this Development Code:

a.

The uses proposed will not be detrimental to present and potential surrounding uses;

b.

Exceptions from this Development Code are warranted by the design and amenities incorporated in the development plan;

c.

Mixed use master planned development is in conformance with the general intent of this Development Code and the Barrow County Comprehensive Plan; and

d.

The MUMPD must be deemed by the board of commissioners to incorporate features of exceptional architectural, landscaping or site design prior to MUMPD approval. Such plans upon which this determination is made shall be incorporated into the MUMPD approval of the project.

(b)

Development parameters. The following general conditions apply to mixed use master planned developments (MUMPDs) according to the zoning district of the property:

(1)

The proportion and distribution of nonresidential to residential uses in a MUMPD is determined by the zoning category of the property. The zoning district also determines the maximum number of dwelling units and the type of commercial development that can be allowed in the MUMPD. These limitations and the distribution of residential density are shown on Table 5.1.

Table 5.3: Land Use Distribution in a Mixed Use Master Planned Development

(2)

When "neighborhood commercial" is allowed, development of the commercial area shall be controlled by the C-1 district provisions, except as modified by this section.

(3)

When "community commercial" is allowed, development of the commercial area shall be controlled by the C-2 district provisions, except as modified by this section.

(4)

Commercial structures and uses are to be located and designed as a unified development where feasible. As an addition to the C-1 and C-2 district provisions, residential and commercial uses may either be located in freestanding buildings within a site, or combined together within the same building.

(5)

All master planned developments must provide internal pedestrian access. The type of access such as sidewalks, bike paths, lanes and trails, will be established during the review period to determine the best way to serve a particular development.

(d)

Maximum number of dwelling units.

(1)

A mixed use master planned development shall not exceed the overall maximum density of dwelling units per acre allowed, plus ten percent. The maximum number of lots, townhouse units and multi-family units shall not exceed the maximum density allowed for the zoning district under Table 4.1 of article IV (including streets, open space and nonresidential areas) plus ten percent for each area designated on the concept plan. (For MUMPDs in the C-1, C-2 or C-3 zoning districts, the residential densities allowed in the R-3 zoning district for each type of use shall be used, plus ten percent.)

(2)

Loft dwelling units in commercial buildings shall not be included in the development density calculations. The number of loft units allowed shall be established as part of the special use approval for the MUMPD.

(e)

Minimum lot size. The minimum lot size per dwelling unit shall be dependent on the source of water supply and method of sewage disposal and shall be established through the approval of the mixed use master planned development concept plan.

(f)

Buffer requirements.

(1)

A permanent 50-foot buffer area shall be established around the perimeter of any MUMPD where it adjoins an agricultural or residential zoning district. Except for a fence along the property line, no structure of any type shall be permitted in the buffer area.

(2)

Internal buffers as would otherwise be required by the buffers and tree conservation article of this Development Code between land use areas within a mixed use master planned development are waived, subject to conditions of special use approval for the master planned development.

(g)

Ownership control.

(1)

All of the land in a MUMPD initially shall be in single ownership by an individual, a partnership, tenants in common, a corporation or by some other legal entity.

(2)

The use of common open space and open green space and other common areas shall be governed by an owner's association which shall provide for: all users to have equal access and right of use to all shared facilities; perpetual and continued maintenance of open and shared space; tax liability in the case of default; mandatory membership in the owner's association and its creation is required before any individual properties are sold; the method of assessment for dues and related costs; and where appropriate, party wall maintenance and restoration in the event of damage or destruction.

(3)

Owner's associations, including homeowner's associations, covenants or similar private agreements shall comply with the provisions of section 89-470.

(h)

Nonresidential development standards. Restrictions within through-road corridors apply to all within a mixed use master planned development (MUMPD).

(1)

Through-road corridor defined. Land lying along and within 200 feet of the right-of-way of a public street or highway that adjoins or traverses a MUMPD and that provides for movement of through traffic (in contrast to internal local streets) shall constitute a through-road corridor.

(2)

Any multi-family, commercial, public or community use property or portion of such property within the MUMPD that is located within a through-road corridor shall comply with the following special design standards:

a.

Building setbacks. No principal or accessory building shall be located less than 50 feet from the right-of-way of a through road. A ten-foot front landscape strip in accordance with the street side screening requirements of the parking and loading article of this Development Code shall be provided.

b.

Development standards.

1.

Any multi-family, commercial or institutional property or portion of such a property that is located within a through-road corridor shall provide at least 20 percent of its gross land area in landscaping. Landscape areas and treatments shall be identified on the site plan for the development, subject to approval by the county.

2.

No buildings with metal exterior facades will be permitted within the corridor, nor shall any metal facade buildings be visible from the corridor. Metal roofs, including mansard roofs, are not considered part of a facade.

3.

In addition to buffer requirements, when the back of a commercial or industrial development is across the street from property in a residential district outside of the mixed use master planned development, then a solid fence or hedge not less than six feet in height shall be installed and maintained by the developer to screen the back of the project from the residential property.

4.

Single-family and two-family lots within a through road corridor shall not have driveway access from the through road.

(i)

Lighting. Streetlights and pedestrian lighting should be integrated into the site plan, where feasible or necessary, in accordance with the lighting standards in section 89-1604(j) and section 89-1606, Figure 7.

(j)

Other lot and building standards. All other lot and building standards contained in article IV and not modified under this section shall apply to mixed use master planned developments.

(k)

Conservation, open space and recreation. Requirements regarding the protection of primary conservation areas in conservation easements, the provision of common open space and private open space, and the provision of recreation amenities in mixed use master planned developments can be found under section 89-469.

(Ord. of 10-13-2020)

Traditional neighborhood developments (TND) provide an opportunity for compact, walkable neighborhoods with a mix of uses and housing types.

(a)

Purpose:

(1)

To allow for compact neighborhoods designed at a human scale.

(2)

To encourage walkable, interconnected neighborhood street design.

(3)

To provide a mix of uses, including residential, commercial, civic, and open space uses in close proximity to one another within the neighborhood.

(4)

To provide a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes.

(5)

To encourage neighborhood interaction, safety, and security through design.

(b)

Special approval required. Because traditional neighborhood developments allow housing types and nonresidential uses that may not otherwise be allowed in a zoning district, approval of a special use is required. An application for a traditional neighborhood development shall follow the zoning process for special use approval as prescribed in section 89-1316 with the following modifications:

All such special use approval applications shall be accompanied by a zoning exhibit for review and approval by the planning and community development director. The zoning exhibit shall provide all information necessary to demonstrate that it achieves the criteria provided in section 89-467 (this section) as applicable.

(1)

If the special use approval application is approved by the board of commissioners, then such zoning approval shall be conditioned to the applicant achieving development in substantial conformity with the zoning exhibit, including any modifications or conditions approved by the board of commissioners pursuant to its deliberations on the application.

(2)

Zoning exhibit approval shall not constitute entitlement to permits.

(3)

In addition to meeting the requirements of section 89-1316, the zoning exhibit shall include the following information:

a.

A location map showing the boundaries of the property and identifying the current zoning of the property, as well as zoning on adjacent properties.

b.

A plan showing applicable details, to include lots, streets and right-of-ways, setback lines, dwelling sizes, off-street parking, on street parking, street trees, sidewalks, multiuse trails, stormwater management facility areas, floodplain and wetland boundaries, topography and open space.

c.

Specifications, calculations and applicable percentages for common open space, density calculations, lot sizes, land use, gross and net acreage, dwelling units, and parking.

d.

Color-rendered elevations of front, sides and rear of all typical units, including proposed building materials, building heights and any other structures.

e.

Conceptual signage plan.

(4)

Each applicant for a traditional neighborhood development shall provide evidence of the unified, single ownership of the entire parcel, consistent with the provisions of section 89-467(e).

(5)

Phasing plan. A phasing plan shall be submitted with the concept plan, and approved by the planning and community development director, unless the entire development is to be completed at one time. Such phasing plan shall describe and illustrate in written and graphic format the incremental implementation of the traditional neighborhood development over a number of years, including the sequence, timing and responsibility for construction of each building, support facilities, infrastructure and utilities. Revision of the phasing plan is permitted and must be approved by the planning and community development director prior to each construction phase.

(6)

Concept plan. A concept plan must be submitted and approved by the planning and community development director after the special use approval process and prior to submittal of an application for a land disturbance permit. The purpose of the concept plan review is to ensure the soundness of the proposed development, compatibility with the surrounding area and compliance with zoning conditions. The concept plan shall be developed in substantial conformance with the zoning exhibit approved by the board of commissioners, along with any conditions added thereto by the board of commissioners.

(7)

Building plans. Prior to issuance of a building permit for any occupied structure to be located within a traditional neighborhood development, the builder shall provide architectural plans and elevations at a scale no smaller than ⅛"=1'-0" that demonstrate compliance with the zoning exhibit and any conditions added thereto by the board of commissioners.

(8)

Other requirements. The applicant shall adhere to all other applicable requirements of this Unified Development Code and other applicable requirements of Barrow County. In any case where the standards and requirements of this section conflict with other provisions of the Barrow County Code of Ordinances, the requirements of this section shall govern.

(c)

Criteria for approval.

(1)

Traditional neighborhood developments are encouraged in appropriate locations throughout the county that allow the use of innovative techniques, such as traditional neighborhood design, resource conservation subdivisions, and village concepts. Such planned developments must provide compatible and unified development while allowing flexibility within the current zoning regulations.

(2)

All traditional neighborhood developments should propose innovative design and the protection and accommodation of important natural resources and open space. TNDs are reviewed individually to determine compatibility, suitability, and health, safety and welfare issues. Individual requirements relating to such developments become part of the concept plan through conditions of zoning.

(3)

Review criteria. The following is a list of criteria that will be used by the county to determine the suitability of a proposed TND in addition to the standards for approval of a special use contained in the procedures and permits article of this Development Code:

a.

The uses proposed will not be detrimental to present and potential surrounding uses;

b.

Exceptions from this Development Code are warranted by the design and amenities incorporated in the development plans;

c.

The Traditional Neighborhood Development is in conformance with the general intent of this Development Code and the Barrow County Comprehensive Plan; and

d.

The traditional neighborhood development must be deemed by the board of commissioners to incorporate features of exceptional architectural, landscaping or site design prior to TND approval. Such plans upon which this determination is made shall be incorporated into the TND approval of the project.

(d)

Development parameters.

(1)

Mix of uses. In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses. A Traditional Neighborhood Development should consist of a mix of residential uses, a community center, and open space as listed below:

a.

Residential uses. The following types can occur anywhere within the traditional neighborhood development. For infill development, the mix of residential uses may be satisfied by existing residential uses adjacent to the traditional neighborhood development.

1.

Single-family detached dwellings;

2.

Single-family attached dwellings, including duplexes, townhouses, row houses;

3.

Multi-family dwellings, including senior housing.

b.

Community center, composed of a mix of commercial, residential, civic or institutional, and open space uses as identified below. The project dimensions should be organized so that residential blocks are within approximately ¼ mile from the community center. Higher density housing components are encouraged within the community center, including live/work units that combine a residence and resident's workplace.

1.

Commercial uses appropriate in the community center should be small scale and pedestrian oriented. Individual commercial uses within the community center should not exceed 6,000 square feet in size but may be larger for specialty and bulk sales stores. Appropriate uses include:

i.

Food services (neighborhood grocery stores, butcher shops, bakeries, restaurants not including drive-throughs, cafes, coffee shops, neighborhood bars or pubs).

ii.

Retail uses (florists or nurseries; hardware stores; stationery stores; book stores; studios and shops of artists and artisans).

iii.

Services (day care centers; music, dance or exercise studios; offices, including professional and medical offices; barber; hair salon; dry cleaning).

iv.

Accommodations (bed and breakfast establishments, small hotels or inns).

2.

Civic or Institutional uses in the community center.

i.

Municipal offices, fire stations, libraries, museums, community meeting facilities, and post.

ii.

Places of worship.

iii.

Schools and educational facilities.

3.

Open space uses in the community center.

i.

Central square.

ii.

Neighborhood park.

iii.

Playground.

(2)

Maximum number of dwelling units. A traditional neighborhood development shall not exceed the overall maximum density of dwelling units per acre allowed, plus ten percent. The maximum number of lots, townhouse units and multi-family units shall not exceed the maximum density allowed for the zoning district under Table 4.1 of Article IV (including streets, open space and nonresidential areas) plus ten percent for each area designated on the concept plan. (For TNDs in the C-1, C-2 or C-3 zoning districts, the residential densities allowed in the R-3 zoning district for each type of use shall be used, plus ten percent.)

(3)

Lot and block standards. In order to encourage walkable design and connectivity, short blocks arranged in a grid pattern are encouraged.

a.

The street network shall form an interconnected grid pattern. Culs-de-sac shall be minimized and may only be allowed following review and approval based on site conditions such as topography, water features, or safety.

b.

Street layouts should provide for development blocks that are generally in the range of 200—400 feet deep by 400—800 feet long. A variety of lot sizes should be provided that allow diverse housing choices.

c.

Lot widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.

(4)

Building setbacks.

a.

Building setback, front—Community center area. Structures in the community center area have no minimum setback. Commercial and civic or institutional buildings should abut the sidewalks in the community center area.

b.

Building setback, front—Residential. Single-family detached residences shall have a building setback in the front between [0 and 25] feet. Single-family attached residences and multi-family residences shall have a building setback in the front between [0 and 15] feet.

c.

Building setback, rear—Residential. The principal building on lots devoted to single-family detached residences shall be setback no less than [30] feet from the rear lot line.

d.

Side setbacks. Provision for zero lot-line single-family dwellings should be made, provided that a reciprocal access easement is recorded for both lots and townhouses or other attached dwellings, provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure.

(5)

Parking.

a.

The number of required off-street parking spaces may be reduced in equal number by the number of on-street parking spaces, or by a shared parking agreement.

b.

All off-street parking shall be located to the side or rear of the principal buildings within TND District and screened from residential districts, Off-street parking in the front yard is not permitted.

c.

The planning and community development director may grant an administrative variance to reduce by no more than 20 percent the number of required parking spaces for uses that are located along pedestrian walkways.

d.

All uses that are required to provide off-street parking spaces for motorized vehicles also shall provide bicycle racks within 100 feet of the principal entrance of the building (out of public right-of-way) that it serves.

(6)

Building orientation and facade.

a.

The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street or courtyard.

b.

The front facade of the principal building on any lot in a traditional neighborhood development shall face onto a public street.

c.

The front facade shall not be oriented to face directly toward a parking lot.

d.

Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.

e.

For commercial buildings, a minimum of 50 percent of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior.

f.

New structures on opposite sides of the same street should follow similar design guidelines. This provision shall not apply to buildings bordering civic uses.

(e)

Ownership control.

(1)

All of the land in a TND initially shall be in single ownership by an individual, a partnership, tenants in common, a corporation or by some other legal entity.

(2)

The use of common open space and open green space and other common areas shall be governed by an owner's association which shall provide for: all users to have equal access and right of use to all shared facilities; perpetual and continued maintenance of open and shared space; tax liability in the case of default; mandatory membership in the owner's association and its creation is required before any individual properties are sold; the method of assessment for dues and related costs; and where appropriate, party wall maintenance and restoration in the event of damage or destruction.

(3)

Owner's associations, including homeowner's associations, covenants or similar private agreements shall comply with the provisions of section 89-470.

(Ord. of 10-13-2020)

Senior housing developments provide a development opportunity for neighborhoods with specialized design and amenities oriented toward senior citizens.

(a)

Purpose:

(1)

To meet the need for senior housing.

(2)

To allow senior citizens to live and remain in Barrow County through different life cycle stages.

(3)

To provide a range of housing choices that can enable seniors of various abilities and income levels to live without leaving established networks of nearby family and friends.

(4)

To provide senior housing project design that meets the safety and physical access needs of residents.

(5)

To provide senior housing with opportunities for social, recreational, and other services that contribute to the independence and well-being of seniors.

(6)

To provide housing for seniors properly located near services, shopping, transportation, and support networks.

(b)

Special approval required. Because senior housing developments allow housing types and nonresidential uses that may not otherwise be allowed in a zoning district, approval of a special use is required. An application for a senior housing development shall follow the zoning process for special use approval as prescribed in section 89-1316 with the following modifications:

All such special use approval applications shall be accompanied by a zoning exhibit for review and approval by the planning and community development director. The zoning exhibit shall provide all information necessary to demonstrate that it achieves the criteria provided in section 89-468 (this section) as applicable.

(1)

If the special use approval application is approved by the board of commissioners, then such zoning approval shall be conditioned to the applicant achieving development in substantial conformity with the zoning exhibit, including any modifications or conditions approved by the board of commissioners pursuant to its deliberations on the application.

(2)

Zoning exhibit approval shall not constitute entitlement to permits.

(3)

In addition to meeting the requirements of section 89-1316, the zoning exhibit shall include the following information:

a.

A location map showing the boundaries of the property and identifying the current zoning of the property, as well as zoning on adjacent properties.

b.

A plan showing applicable details, to include lots, streets and right-of-ways, setback lines, dwelling sizes, off-street parking, on street parking, street trees, sidewalks, multiuse trails, stormwater management facility areas, floodplain and wetland boundaries, topography and open space.

c.

Specifications, calculations and applicable percentages for common open space, density calculations, lot sizes, land use, gross and net acreage, dwelling units, and parking.

d.

Color-rendered elevations of front, sides and rear of all typical units, including proposed building materials, building heights and any other structures.

e.

Conceptual signage plan.

(4)

Each applicant for a senior housing development shall provide evidence of the unified, single ownership of the entire parcel, consistent with the provisions of section 89-468(g).

(5)

Phasing plan. A phasing plan shall be submitted with the concept plan, and approved by the planning and community development director, unless the entire development is to be completed at one time. Such phasing plan shall describe and illustrate in written and graphic format the incremental implementation of the traditional neighborhood development over a number of years, including the sequence, timing and responsibility for construction of each building, support facilities, infrastructure and utilities. Revision of the phasing plan is permitted and must be approved by the planning and community development director prior to each construction phase.

(6)

Concept plan. A concept plan must be submitted and approved by the planning and community development director after the special use approval process and prior to submittal of an application for a land disturbance permit. The purpose of the concept plan review is to ensure the soundness of the proposed development, compatibility with the surrounding area and compliance with zoning conditions. The concept plan shall be developed in substantial conformance with the zoning exhibit approved by the board of commissioners, along with any conditions added thereto by the board of commissioners.

(7)

Building plans. Prior to issuance of a building permit for any occupied structure to be located within a traditional neighborhood development, the builder shall provide architectural plans and elevations at a scale no smaller than ⅛"=1'-0" that demonstrate compliance with the zoning exhibit and any conditions added thereto by the board of commissioners.

(8)

Other requirements. The applicant shall adhere to all other applicable requirements of this Unified Development Code and other applicable requirements of Barrow County. In any case where the standards and requirements of this section conflict with other provisions of the Barrow County Code of Ordinances, the requirements of this section shall govern.

(c)

Criteria for approval: The following is a list of criteria that will be used by the county to determine the suitability of a proposed senior housing development in addition to the standards for approval of a special use contained in the procedures and permits article of this Development Code:

(1)

Whether the site includes appropriate amenities, such as recreational facilities, game rooms, meeting rooms, lounges and exercise rooms.

(2)

Whether the site has reasonable transportation access to medical services, shopping, religious and cultural activities, recreational facilities, libraries, municipal buildings, and social services patronized by seniors.

(3)

Whether the site is served by public water and public sanitary sewer facilities that are adequate to accommodate the additional demand placed upon them by the proposed development.

(4)

Whether the public roads outside the project site are adequate to bear the additional traffic that will be generated by the adult living community and meet current engineering standards with respect to roadway width and alignment and have acceptable sight distances at the site entry/exit and at intersections in the vicinity of the site.

(d)

Age restrictions. Occupancy shall be limited to households which consist of:

(1)

One or more persons who are seniors aged 55 and over.

(2)

A spouse of a qualified resident senior citizen.

(3)

Exception. Notwithstanding the other provisions of this section, one unit may be occupied by a project superintendent or manager and his/her immediate family, provided that at least 80 percent of the units have at least one occupant who is aged 55 or over.

(e)

Maximum number of dwelling units.

(1)

A senior housing development shall not exceed the overall maximum density of dwelling units per acre allowed, plus ten percent. The maximum number of lots, townhouse units and multi-family units shall not exceed the maximum density allowed for the zoning district under Table 4.1 of Article IV (including streets, open space and nonresidential areas) plus ten percent for each area designated on the concept plan.

(2)

For senior housing developments in the C-1, C-2 or C-3 zoning districts, the residential densities allowed in the R-3 zoning district for each type of use shall be used, plus ten percent.

(f)

Mixed uses. Senior housing districts may provide for a mix of uses on the first floor of multi-family buildings or within a senior housing district.

(1)

Nonresidential land uses compatible with senior housing districts include:

a.

Medical/health/dental office;

b.

Pharmacy;

c.

Café/restaurant;

d.

Market/convenience store;

e.

Salon/spa/barber shop.

(2)

Amenities. Alternative amenities appropriate for seniors may be substituted for required residential amenities of comparable cost. Amenities and services appropriate for senior housing districts include:

a.

Clubhouses with group dining facilities, meeting rooms, or computer rooms;

b.

Pavilion buildings;

c.

Passive recreational greenspace;

d.

Walking trails constructed to ADA standards;

e.

Gardens;

f.

Wellness center;

g.

Inter-faith chapel.

(3)

Building design standards. All dwellings shall incorporate accessibility standards which shall include the following:

a.

A step-free feature to at least one entrance of the unit.

b.

A 36-inch wide, clear passage doorways throughout the unit.

c.

Wheelchair, step-free access to the following areas, at a minimum: kitchen; dining area; entertainment area (e.g., living room/den, great room, etc.); at least one bedroom; at least one full bathroom; and laundry room with washer/dryer connection.

d.

Reinforced bathroom walls to allow for future installation, if necessary, of grab bars.

(g)

Ownership control.

(1)

All of the land in a senior housing development initially shall be in single ownership by an individual, a partnership, tenants in common, a corporation or by some other legal entity.

(2)

The use of common open space and open green space and other common areas shall be governed by an owner's association which shall provide for: all users to have equal access and right of use to all shared facilities; perpetual and continued maintenance of open and shared space; tax liability in the case of default; mandatory membership in the owner's association and its creation is required before any individual properties are sold; the method of assessment for dues and related costs; and where appropriate, party wall maintenance and restoration in the event of damage or destruction.

(3)

Owner's associations, including homeowner's associations, covenants or similar private agreements shall comply with the provisions of section 89-470. In addition, senior housing developments must comply with the provisions of subsection (h) below.

(h)

Additional requirements.

(1)

The organization established for the management of the development shall comply with the U. S. Department of Housing and Urban Development (HUD) rules and regulations for verification of occupancy and shall maintain procedures for routinely determining the occupancy of each unit. Such procedures may be part of a normal leasing or purchasing agreement and must provide for regular updates as required by HUD.

a.

Deed restrictions. Approval of a special use for a development consisting of senior housing shall be conditioned upon either the placement of restrictive covenants on the deeds or the developer/organization established for the management of the development, ensuring and enforcing compliance. These restrictions shall run in perpetuity with the land and in either case:

1.

Occupancy shall be limited to persons in accordance with age restrictions as noted in section above as well as state and federal housing guidelines, and

2.

No further development of the parcel including increasing the number of dwelling units or enlarging the permitted buildings is allowed without first applying for and receiving a revised special use approval.

(Ord. of 10-13-2020)

(a)

Natural resource or conservation easement required.

(1)

All primary conservation areas in a conventional subdivision, open space subdivision or any type of planned development (mixed use master planned development, traditional neighborhood development, or senior housing development), that are required to be protected by the provisions of this Development Code, shall be permanently protected from further subdivision, development, and unauthorized use, by a natural resource or conservation easement.

(2)

Land within a natural resource or conservation easement may be included within the lots in a subdivision, or ownership may be transferred to a homeowners' association or to a nonprofit conservation organization or land trust organized under Georgia law.

(3)

See the environmental protection article of this Development Code regarding natural resource and conservation easements.

(b)

Common open space. In an open space subdivision or any type of planned development listed in subsection (a)(1) above, a minimum percent of the gross project site area shall be reserved for common open space and recreation, as follows:

(1)

At least 20 percent total site in an open space subdivision mixed use master planned development must be set aside as open space for conservation, preservation or passive recreational use, such as walking trails and picnicking. Except in the AG, AR and R-1 zoning district, the minimum required open space shall be exclusive of all areas classified in the environmental protection article of this Development Code as primary conservation areas; such areas may be included in the minimum open space in the AG, AR and R-1 zoning district.

(2)

Areas classified as secondary conservation areas in the environmental protection article of this Development Code are to be given preference for inclusion in the minimum required open space.

(3)

Land devoted to stormwater detention facilities may not be counted toward the minimum unless the facility is a permanent lake or pond and is designed and intended for recreational access and use by the occupants of the development.

(4)

An additional ten percent in an open space subdivision or any type of planned development listed in subsection (a)(1) above, must be provided for common open space and may include active recreation areas for the proposed development, such as swimming pools, tennis courts, community facilities, etc.

(5)

Required buffers on the perimeter of the property may be included in the minimum open space requirement but may account for no more than one-half of the overall minimum open space requirement.

(6)

While common open space shall not be required to be contiguous, no individual portion of the minimum required open space shall be less than one acre in size, nor less that 50 feet wide in its narrowest dimension, except as follows:

a.

The open space area, by the very nature of its designated boundaries, is less than 50 feet in width. Examples include strips of steep slopes and "fingers" of floodplains that extend up drainage swales.

b.

Parkways between road travelways, which must be at least 26 feet in width in order to be counted as part of the minimum requirement.

c.

Viewshed protection areas intended to screen the view of the subdivision development, if provided, must be at least 200 feet in width unless the topography of the land adequately screens the view of the buildings in the subdivision from the abutting roadway.

(7)

No portion of the residential lots shall be credited toward the minimum open space requirement. No portion of any street right-of-way or public or private utility easement shall be credited toward the minimum open space requirements.

(8)

The required common open space shall be platted at the same time that adjacent residential lots are platted, in whole or in phases.

(c)

Private open space. In any of the three types of planned developments, every single-family or two-family dwelling on a lot smaller than 10,000 square feet, and every townhouse dwelling shall have a minimum 400 square foot private yard or patio.

(1)

The private yard or patio shall be arranged for use by the occupants of the dwelling and located in the side or rear yard.

(2)

The private yard or patio must be enclosed by any combination of the following: a masonry wall, wood fence, trellis or lattice with a minimum height of six feet; or an evergreen hedge, shrubs or trees that will achieve a height of six feet within three years of planting under normal growing conditions.

(d)

Recreation amenity.

(1)

Every conventional subdivision, open space subdivision, or mixed use master planned development, traditional neighborhood development, or senior housing development having any single-family detached lots less than two acres in size and proposed to contain more than a total of 24 dwelling units of any type shall include a community recreation amenity to serve the development, based on the number of dwelling units in the development.

(2)

If the development is to include community recreational facilities, then Table 5.3 establishes minimum requirements.

Table 5.4: Recreation Amenities

¹  Children's play area including active play equipment. Multiple play areas are allowed, but none less than ½ acre in size.

²  Any combination of tennis, basketball or volleyball courts.

³  For instance, 250—299 dwellings = 3 courts; 300—399 dwellings = 4 courts

⁴  Pools shall meet or exceed ANSI/NSPI-1 standards for Class B public pools.

⁵  Clubhouse may include such functions such as fitness area, workout studio, catering kitchen, or game room. In developments of more than 250 dwellings the space allocated to clubhouse may be divided amongst multiple facilities so long as each facility is a minimum of 1,500 sf.

⁶  Gathering area shall be an open, generally level space that is covered in turf that is suitable for large groups or free play. It may include paved or patio areas. No more than 50 percent of the area may be enclosed as a dog park.

(3)

All amenities shall be completed and available for use prior to issuance of a certificate of occupancy on more than 50 percent of the dwellings in the development.

(4)

The recreation amenity may be designed to serve the entire development or separate amenity areas may be provided for specific residential development areas. If multiple recreation amenity areas are provided, the total of all amenities shall be no less than the total required by Table 5.3 based on the entire development as a whole, distributed proportionally to each development area based on the number of dwelling units each amenity area serves.

(5)

Such recreation amenity areas may not be developed within a primary resource area.

(Ord. of 10-13-2020)

(a)

Homeowner's association; when required. For any residential development containing common open space or other lands in common ownership, a homeowner's association which provides for building and grounds maintenance and repair, insurance and working capital shall be required.

(1)

Membership in the homeowner's association must be mandatory for each property in the development.

(2)

Such associations must also include homeowner's declaration and bylaws, including covenants, conditions and regulations applicable to each property in the development.

(3)

The declaration and bylaws shall be enforced by the association or by an association management company designated by them, which shall have the power to compel the payment of membership dues and assessments.

(4)

The homeowners' association shall be formed under the provisions of O.C.G.A. Title 44, Chapter 3, Article 6, which is known as the "Georgia Property Owners' Association Act" (Code 1981, §§ 44-3-220 et seq. enacted by Ga. L. 1994, p. 1879, § 1) and shall contain adequate provisions to qualify it as a "holder" under the Georgia Uniform Conservation Easement Act, if it is to act as a holder of a conservation easement.

(5)

The documents creating the homeowner's association must provide that an adequate reserve fund for the association will exist at the time that control of the association transfers from the developer to the purchasers of homes in the development. The reserve fund must be equal to no less than one year's expenses reasonably expected for the minimum operations legally required of the association.

(6)

The covenants, conditions and regulations shall, at a minimum, regulate and control the following:

a.

Equal access and right of use to all shared facilities;

b.

Perpetual and continued maintenance of open and shared space, specifically including stormwater detention facilities;

c.

Tax liability in the case of default;

d.

The method of assessment for dues and related costs;

e.

Where appropriate, party wall maintenance and restoration in the event of damage or destruction;

f.

Animals, including household pets;

g.

Signs;

h.

Exterior items such as fences, lawn ornaments, and landscape areas and buffers;

i.

Building improvements;

j.

Outside storage;

k.

Overnight parking of vehicles;

l.

Decorations and holiday lighting; and

m.

Trash collection containers.

(7)

For subdivisions, the homeowner's association must be formed and incorporated at the same time the final plat for the subdivision or any portion of the subdivision is first recorded. A copy of the proposed homeowner's association documents is to be submitted with an application for final subdivision plat approval.

(8)

The homeowners association shall be responsible for the management and maintenance of all common properties, facilities, and infrastructure associated with the subdivision.

(b)

Owners' association. For nonresidential development projects, an association of the property owners that is consistent with the requirements for a homeowners' association will serve in lieu of the requirements of this section.

(c)

Condominium association. For condominium projects, incorporation of a condominium association consistent with state law will serve in lieu of the requirements of this section, provided that:

(1)

Specific maintenance responsibilities for stormwater detention facilities are included; and

(2)

The documents creating the condominium association must provide that an adequate reserve fund for the association will exist at the time that control of the association transfers from the developer to the purchasers of units in the development. The reserve fund must contain an amount equal to no less than one year of expenses reasonably expected for the minimum operations legally required of the association.

(Ord. of 10-13-2020)