This ordinance shall be known and may be cited as the "Multiple Unit Residential Regulations of Bloomingdale, Georgia."

The Mayor and Councilmembers of the City of Bloomingdale, Georgia, pursuant to the authority conferred by the provisions of Georgia Law, 1957, Vol. 1, page 420 and the amendments thereto as codified in [former] Chapter 69-12 of the [1933] Georgia Code, annotated, have ordained and enacted into law the following articles and sections.

The jurisdiction of this ordinance shall be all that area within the corporate limits of the City of Bloomingdale, Georgia.

The purpose of establishing high-density residential districts shall be to encourage the logical and timely development of land for apartment and other high-density residential purposes in accordance with the objectives, policies, and proposals of the future land use plan: to permit a variety of housing; to assure the suitable design of apartments in order to protect the surrounding environment of adjacent and nearby neighborhoods; and to ensure that the proposed development will constitute a residential environment of sustained desirability and stability and not produce a volume of traffic in excess of the capacity for which access streets are designed.

A building may be erected or used, and a lot may be used or occupied for the following purposes, and no other, provided that the requirements of the following sections are met:

A.

Apartment house or group of apartment houses which constitute a single operating or proprietary unit.

B.

Any use permitted in R-1 and R-2 districts.

C.

Playgrounds, parks, tot lots, and other public or semipublic noncommercial recreational facilities as well as open spaces.

D.

Accessory uses customarily incidental to the above uses.

E.

Conditional uses listed in appendix A zoning if permission is granted by the board of appeals.

The maximum height of buildings and other structures erected or enlarged in this district shall be:

A.

For any dwelling, 35 feet, and not to exceed two stories.

B.

For any building accessory to any dwelling, 15 feet and not exceeding one story.

A.

The lot area, lot width, yard requirements and building coverage requirements for single-family detached dwellings, two-family—twins and two-family—duplexes shall be the same as required in appendix B subdivisions.

B.

Dwelling, multiple family or dwelling, single family attached.

1.

Building coverage. No more than 50 percent of the lot area shall be occupied by a building or buildings.

2.

Open space requirements. No less than 20 percent of the lot area shall be maintained as open space, "open space" is defined as all area not occupied by buildings, pavement, or other structures. Open space shall be landscaped or grassed and shall be maintained by the developer.

3.

Dwelling units per acre. There shall be no more than eight dwelling units per developable acre.

4.

Front yards. There shall be a front yard on each lot which shall be not less than 20 feet in depth.

5.

Side and rear yards. No building shall be located closer than 20 feet of a side or rear property line adjacent to a residential district, or within ten feet of any property line.

6.

Distance between buildings. The minimum distance between buildings shall be 20 feet.

7.

Buffers. A minimum ten-foot wide buffer shall be provided along all property lines that abut a lower density residential development (R-1 and R-2 districts). This buffer will either be planted with screening type plant material that will reach a minimum of six feet in height or a solid six-foot high wood or masonry fence shall be installed along the property line.

8.

Dwelling, single-family attached. A main dwelling unit attached in groups of at least three to adjacent main dwelling units by means of roof and/or interior wall, with each dwelling unit occupying its own lot. Each unit extends from foundation to roof with open space on at least two sides and a separate means of ingress and egress for each unit.

C.

Miscellaneous design requirements.

1.

Paving and drainage. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with state highway department specifications. All drives and parking areas shall be graded to drain to approved structures or waterways. Paving and drainage must meet requirements of section 501.2, appendix B specifications.

2.

Access. Provisions shall be made for ingress and egress to and from vehicle streets and highways serving the apartments without congestion to or interference with normal traffic flow. The city engineer may require traffic studies to determine that the capacity of existing roads will not be exceeded due to the proposed development.

3.

Utilities. No development shall be permitted unless public water supply and sanitary sewage capacity is available. To ensure that proper water flows are available for fire protection, eight-inch minimum mains with six-inch minimum fire hydrant leads must be provided to all fire hydrants. Tap-in fees for sewer and water will be charged for each dwelling unit. Utilities must meet requirements of section 506, appendix B subdivisions.

4.

Plan. The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit.

5.

Amenities. The developer shall be encouraged to give consideration to the provision of community recreational areas, laundry facilities, playground and tot lots and other services necessary for the comfort and convenience of apartment residents. Appropriate recreational facilities include swimming pools, tennis courts, jogging/fitness trails, and docks/fishing areas. A minimum of one appropriate amenity shall be required for each 48 units within a development. The requirements shall be as follows:

6.

Parking. One and one-half paved off-street parking spaces shall be provided for each one bedroom dwelling unit, two paved off-street parking spaces for each two-bedroom dwelling unit, and 2½ paved off-street parking spaces shall be provided for each three-bedroom dwelling unit.

7.

Garbage disposal. Individual garbage cans shall be provided by the developer to each unit for the disposal of and collection of garbage. Trash cans must be clustered to serve a minimum of eight units, generally one trash disposal area should be provided per acre. A two-foot square concrete pad shall be provided for each can in the cluster. Provisions should be made to adequately screen these cans from adjoining dwelling units using landscaping or low fencing.

8.

Mailboxes. Mail will be delivered to cluster type mailboxes in accordance with United States Postal Service regulations.

(Ord. of 7-20-06)

The mayor and council and the city planning commission shall administer this ordinance. It shall be the duty of the planning commission to inspect sketch plans and to suggest changes which should be made in the proposed design of a multiple unit residential area to insure the approval of the preliminary plan. It shall be the duty of the planning commission to inspect preliminary plans and to approve or disapprove such plans. It shall be the duty of the planning commission to inspect final plans and the information submitted with such final plans and to recommend approval of such final plans when the requirements of this ordinance have been met and to recommend disapproval of such final plans when the requirements of this ordinance have not been met. When the planning commission acts on the final plan it shall forward it to the mayor and council with its recommendations.

(600.1) Notice required. The names and addresses of the owners of all properties abutting a tract or parcel of land of which a land development plan is required shall be submitted with such plan. The city shall notify said abutting property owners of the date, time and place of any public hearing at which said plan will be reviewed by the mayor and councilmembers.

Previous to the filing of an application for approval for a preliminary plan, a sketch plan may be submitted to the planning commission for review and recommendation. When submitted, this sketch plan shall show in simple sketch form the proposed layout of streets, roads, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch. It shall include the following information: (a) the boundary lines of the property; (b) watercourses and marshes found on the tract of land and the limits of habitable use; (c) the locations, names and right-of-way width of any existing streets on the land, or on land adjacent to the tract of land.

Prior to submitting final construction documents for a multiple unit development, an original and four prints of a preliminary plan, showing the proposed design of the development, shall first be submitted to the planning commission for approval. Until the preliminary plan of a proposed development has been approved by the planning commission, a developer shall not grade, scrape or otherwise open or extend a street in the proposed development, nor shall he stake out or lay out lots in such development, nor shall he in any manner cause construction to actually begin on a development.

(602.1) Plan requirements. The original copy of the preliminary plan shall be drawn on transparent tracing paper with either black ink or soft pencil. Such plan shall be drawn at a scale of not less than 200 feet to the inch. The preliminary plan shall contain the following information:

(602.1.1) Existing features:

(a)

The bearings and distances of the boundary lines of the property to be developed.

(b)

The location of any streams, natural drainageways, and other waterways which exist on the property.

(c)

The distance and direction to public water lines and sanitary sewer lines.

(d)

The names, locations, and right-of-way widths of existing streets either on the property or on the land adjoining the property.

(e)

Existing contours of the property in solid lines and at one-foot intervals and based on mean sea level datum.

(f)

The name of [the] subdivision or property owners adjoining the property.

(g)

The location of railroads, of public or private rights-of-way or easements, and of parks or other public spaces either on the property or adjoining the property.

(602.1.2) Proposed design features:

(a)

Size and location of proposed buildings; dimensions should be given to indicate front, side and rear setbacks and buffer requirements.

(b)

Location of roads and parking areas.

(c)

Preliminary water and sewer line layouts.

(d)

Preliminary storm drainage concept plan.

(e)

Notes shall include existing and proposed zoning.

(f)

Variances requested, density of units per acre, and parking ratios provided for each type of unit. (One bedroom, two bedroom, three bedroom, etc.)

(g)

Location of amenities, garbage disposal facilities, and cluster mailboxes should be given.

(h)

The expected limits of the 100-year flood where appropriate.

(602.1.3) Other information:

(a)

Name of proposed development, scale of the plat, north arrow, date, size of the tract being developed, key map showing locations of the proposed development in the city. A statement from the developer shall be placed on the preliminary plan which shall describe the method by which storm sewers, sanitary sewers, and water facilities will be provided. If septic tanks or individual waste disposal systems are to be used in a development, then percolation tests shall be made in accordance with the county health department requirements and the results of such tests, together with a contour map showing the site of each test hole, shall accompany the preliminary plan.

(b)

Reserved.

(c)

Reserved.

(d)

When the preliminary plan includes only a part of the tract on which the developer has an interest, the developer shall submit a tentative master plan for all of said tract.

(e)

All exhibits accompanying the preliminary plan shall be prepared by a registered civil engineer or landscape architect and shall contain the seal of such engineer or landscape architect.

(602.2) Filing of preliminary plan. The preliminary plan shall be filed with the planning commission not less than 20 days prior to the regular planning commission meeting at which it is considered.

(602.3) Fee for review of preliminary plan. [The fee for preliminary plan review] shall be paid at the time of submittal to the City of Bloomingdale. This fee shall be $50.00 or $5.00 per unit, whichever is greater.

(602.4) Action on preliminary plan. If the planning commission finds that the proposed design of the multiple unit development shown on the preliminary plan complies with the design requirements of these regulations, it shall recommend approval of such preliminary plan to the mayor and council. If the planning commission finds that the proposed design of the development shown on the preliminary plan does not comply with the design requirements of these regulations, then the planning commission shall either recommend disapproval of such plan or shall recommend approval of such plan on the condition that specified violations are corrected prior to the submittal of the final plans. When the planning commission recommends disapproval of a preliminary plan, it shall give the developer the reasons for such disapproval in writing. Except where an extension of time is authorized by the applicant for preliminary plan review, the planning commission shall have 30 days from the date of the submission of a preliminary plan to act on such plan. Unless action is taken on an application for preliminary plan review within the 30-day period, a written recommendation of approval shall be issued by the planning commission on demand of the applicant. The mayor and council, upon receipt of a recommendation from the planning commission, shall hold a public hearing thereon and shall notify in writing all abutting property owners and the developer of the multiple unit project time, date and place of said hearing. The mayor and council may either approve, disapprove or require modifications to the development plan.

(602.5) Time limit on preliminary approval. The mayor's and council's approval of a preliminary plan shall be valid for one year. If final plans have not been received on a development which has been granted preliminary plan approval on or before the end of this one-year period, then the plan of such development shall be resubmitted for preliminary approval: provided, however, that this time may be extended unless changes have occurred in this ordinance, or in the character of the property surrounding the property of the proposed development which it makes necessary to revise the design of the proposed development.

Before construction may begin on a multiple unit development, an original and four prints of final construction plans showing the final design of the development shall be submitted to the planning commission for review. Until final plans have been submitted to and reviewed by the planning commission and approved and signed by the mayor and the clerk of the city, no construction including clearing, grading or utility work may occur on the property. For large developments the final plans may be submitted for approval progressively in contiguous phases satisfactory to the planning commission.

(603.1) Final plan requirements. The original copy of the final plan shall be drawn on 24-inch by 36-inch sheets of linen, with black India ink at a scale of not less than 60 feet to the inch. Where necessary, the final plans may be on several linen sheets accompanied by an index sheet showing the entire project. The final plans shall contain the following information:

(a)

Primary control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred.

(b)

Tract boundary lines; right-of-way lines of streets; easements and other rights-of-way; property lines of all lots; and in all such cases with surveyed dimensions, bearings or deflection angles, radii, arcs, and central angles of all curves shown.

(c)

Name and right-of-way width of each street or other rights-of-way.

(d)

Location, dimensions, and purposes of any easement.

(e)

Water and sewer plans and specifications, including sanitary sewer profiles, and construction details.

(f)

Paving, grading and drainage plans and specifications, including typical pavement cross sections, road and storm sewer profiles for construction, and construction details.

(g)

Soil erosion control plans and specifications will be required for all developments over five acres in area.

(h)

Clearing and tree protection plans and specifications.

(i)

Proposed final contours in solid line at one-foot intervals and based on mean sea level datum.

(j)

Proposed building lines and staking information.

(k)

Purpose for which sites are dedicated or reserved.

(l)

Minimum building setback line and buffer location and design.

(m)

Location and identification of monuments.

(n)

Names of record owners of adjoining lands.

(o)

Certificate that all work was performed by a registered civil engineer.

(p)

Statement by owner dedicating streets, rights-of-way, easements, and any sites for public use. Such dedications must be formally accepted by the mayor and council of the city before such dedications shall be binding on the city.

(q)

Title, scale, north arrow, and date.

(r)

Key map showing the location of the development in the city.

(s)

All plans shall show the expected limits of the 100-year flood where appropriate.

(603.2) Certification from county health department. If development is not to be served by either public sewers or public water, or both, then the final plan shall be accompanied by a certificate from the county health department certifying health department approval of the water supply system and/or waste disposal system to be used.

(603.3) Certificate from engineer. After construction but prior to final acceptance by the city for certificate of occupancy, the developer's engineer must certify that the developer has complied with both of the following conditions:

(a)

All improvements have been installed in accordance with the requirements of this ordinance and in accordance with the design approved by the mayor and council on the final plan; and

(b)

A bond, escrow account or certified check has been posted, which is available to the city, and in sufficient amount to assure the maintenance thereof for a period of not less than 12 months from completion. The mayor and council may reduce the bond or escrow account 50 percent at the end of six months. At the end of the second six months, the developer shall request an inspection, and if no faults or failures have developed, the mayor and council shall release the bond or escrow. Such bond or escrow shall remain in force until released by the mayor and council after due inspection of said improvements and shall not automatically expire at the end of 12 months.

(603.4) Filing final plan. The final plan shall be filed with the planning commission not less than 20 days prior to a regular meeting of the planning commission.

(603.5) Fee for review of final plan.[The fee for final plan review] shall be paid at the time of submittal to the City of Bloomingdale. This fee shall be $100.00 or $10.00 per unit, whichever is greater, but shall not exceed $300.00 unless unusual circumstances require an increase in the fees. The fee in such cases will be set by the city council upon recommendation by the planning commission.

(603.6) Action on final plan. If the planning commission finds that all the requirements of this ordinance have been met, it shall recommend approval of the final plan and submit such plan to the mayor and council. If the planning commission finds that all the requirements of this ordinance have not been met, and after deficiencies have been discussed and reviewed with the sponsor, and the sponsor given a period of time which shall not exceed 90 days to corrective action, the planning commission shall recommend disapproval of the final plan to the mayor and council and shall set forth its reasons for such recommendations in writing. Except where an extension of time is authorized by the applicant for final plan review, the planning commission shall have 30 days from the date of the submission of a final plan to submit its recommendations on such plan to the mayor and council. Unless such action is taken within 30 days, then such plan shall be deemed to have received a recommendation for approval from the planning commission and the mayor and council may take final action on such plan without waiting further for recommendations of the planning commission.

When a peculiar shape, or the topography of a tract of land, or other unusual condition, makes it impractical for a developer to comply with the literal interpretations of the design requirements of this ordinance, the planning commission may recommend that such requirements be varied, provided, however, that in so doing the intent and purposes of this ordinance are not violated.

Any person violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to such penalties as are provided by law for other misdemeanors.

Unless a multiple unit development hereafter established shall be designed, developed, and recorded in accordance with the provisions of this ordinance, then:

(a)

The city shall not accept the dedication of any street within such development, nor shall the city improve, maintain, grade, pave, or light any street within such development unless such street or streets shall have received the status of public streets prior to the adoption of this ordinance.

(b)

The city shall not assume any responsibility for drainage problems within such developments unless city owned and maintained drainage structures already exist in such subdivision.

(c)

No unit of local government shall be authorized to extend any publicly operated services or utility into such development.

For the purpose of this ordinance, certain words or terms used herein shall be defined as follows:

(1)

Interpretation of words. Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural include the singular.

(2)

Person. The word "person" includes a firm, corporation or copartnership.

(3)

Shall. The word "shall" is always mandatory and not merely directory.

(4)

[Missing].

(5)

Sewage, public. A system that is owned, maintained, and operated by the city, a community corporation or a privately owned system serving a community and approved by the Chatham County Health Department.

(6)

Street. A way for vehicular traffic which affords the principal means of access to abutting property.

(7)

Water, public. A system that is owned, maintained, and operated by the city, a community corporation or a privately owned system serving a community and approved by the Chatham County Health Department.

This ordinance may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall submit its report within 30 days after receiving an amendment proposal from the mayor and council; otherwise said amendment proposal shall be deemed approved by the planning commission. Before enacting an amendment to these regulations, the mayor and council shall hold a public hearing thereon, notice of which shall be published at least 15 days prior to such hearing in a newspaper of general circulation in Chatham County.

These regulations shall apply to include any one or more new parcels of land divided out of any parcel of land not already on record at Bloomingdale City Hall prior to August 18, 1988, or if such above parcels were created prior to August 18, 1988, such must have been recorded in the clerk's office of the Chatham Superior Court as a master plan (being part of the original map of Bloomingdale shall be deemed sufficient) or if not recorded with the clerk's office such must have been placed on record with the proper Chatham County authority to approve (sic) development plans.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the ordinance as a whole, or any other part thereof than the part so declared to be unconstitutional or invalid.

This ordinance shall take effect and be enforced from and after its adoption.

All ordinance[s] and parts of ordinances in conflict herewith are here[by] repealed.