The Multi-Family Residential District will allow a variety of higher density housing where public water and sewer services are available and when those public water and sewer services have the capacity to serve new development but discourage developments which would generate traffic levels and patterns on neighborhood roads in conflict with the road's current capacity and acceptable service level.

(Ord. of 3-12-2019)

In addition to the development standards contained in Article V, Section 1 of this Ordinance, the following standards are required within the MFR District.

A.

Minimum Heated Floor. The minimum building area per dwelling unit is 600 square feet.

B.

Minimum Lot Area. In residential areas with public water and public sewer facilities, the minimum lot area shall be 3 acres.

C.

Maximum Building Height. The maximum building height is 35 ft. This height applies to all projections intended for human habitation, satellite, television and radio antennas. For buildings and structures with such projections, the minimum required yards must be increased 1 ft. for every 2 ft. of height greater than 35 ft.

D.

Maximum Dwelling Units per Acre. The maximum multi-family dwelling units per acre in this district are 10.

(Ord. of 3-12-2019)

For principle uses in this district, see Article V, Section 2 of this Ordinance.

(Ord. of 3-12-2019)

For requirements regarding accessory buildings in this district, see Article VI, Section 21 and 22 of this Ordinance.

(Ord. of 3-12-2019)

A.

The following Accessory Uses are permitted in this district.

1.

Those Accessory Uses determined by the Zoning administrator and subject to review by the City Council to be customarily appurtenant to those uses permitted in this district.

2.

Home Occupations.

3.

Domestic towers or domestic antennas.

B.

The following Accessory Uses are permitted as Conditional Uses in this district. Towers or antennas meeting the standards and development criteria established by the City of Butler in Article XXIII of this ordinance.

C.

The following Accessory Uses are prohibited in this district.

1.

Public Garage.

2.

Repair Garage.

3.

Kennel.

(Ord. of 3-12-2019)

A.

For Conditional Uses allowed in this district, see Article V, Section 2 of this Ordinance.

B.

For requirements regarding approval of Conditional Uses in this district, see Article XXVI, Sections 12 and 13 of this Ordinance.

(Ord. of 3-12-2019)

For requirements regarding Buffers and Protective Screening in this district, see Article VI, Section 23 of this Ordinance.

(Ord. of 3-12-2019)

A.

Pre-application Conference: Prior to filling a formal application for MFR, the applicant shall confer with the Zoning Administrator and the City Council in order to review the general character of the plan based on tentative land use (a site plan is required) and to obtain information on development standards and ordinances affecting the proposed project.

B.

Submission of Application for MFR Approval:

1.

The applicant must file a petition with the Zoning Administrator for approval of the proposed MFR. This application must be supported by a site development plan and a written plan of intent. The relationship between the proposed development plan and the surrounding area, both existing and proposed, must be shown. Eight copies of the site development plan and written plan of intent must accompany the application. The site development plan consists of a series of drawings which must show the following:

a.

A general location map.

b.

The site development plan shall be drawn at a scale suitable to show the extend of the proposed development. North arrow and correct scale will be shown on all drawings. Scales of 1 in. = 100 ft. are acceptable.

c.

Existing topographic conditions, including contour intervals of no more than 5 ft. on field surveys or photogrammetric methods.

d.

The existing and proposed land uses and the approximate location of all buildings and structures. All lot lines and setbacks documenting compliance must be shown.

e.

The approximate location of existing and proposed streets and driveways. Rights-of-way and pavement widths shall be shown.

f.

The location of all existing and proposed utilities and easements, including but not limited to water, sanitary sewage, storm water drainage, natural gas, electricity and cable TV lines.

g.

The present zoning pattern in the area.

h.

A legal description of the subject property.

i.

The location and use of existing and proposed public, semi-public, and community facilities such as schools, parks and open areas on the site. This includes areas proposed to be dedicated or reserved for community or public use.

j.

Perspective drawings of representative building types; however, this is not required for single-family detached dwellings.

k.

A preliminary storm water drainage plan prepared and stamped by a registered professional engineer.

2.

If a proposed development creates special problems or involves unusual circumstances as determined by the Zoning Administrator and the City Council additional information shall be required in order to properly evaluate the proposal as follows:

a.

An off-street parking and loading plan.

b.

An economic feasibility report or market analysis.

c.

A traffic study of the area and a circulation plan within the proposed development as well as to and from existing streets adjacent to the site.

d.

Additional studies or reports as required.

3.

The written plan of intent must include the following information:

a.

A statement of the present ownership of all land within the proposed development and financial statement from the developer that indicates the ability to develop and complete the proposed development.

b.

An explanation of the character of the proposed development; including a summary of acres, number and types of dwelling units and gross density by type of land use.

c.

A development and construction time schedule showing major activities of proposed development.

d.

A general statement of the proposed development schedule.

e.

Agreements, provisions and covenants which govern the use, maintenance and protection of the development and any common or open areas.

C.

Review and Approval of MFR Application:

1.

An application for approval of an MFR request is treated administratively as an application for an amendment to this ordinance (a rezoning). This is because MFR districts area created only upon request of a developer, whose application materials demonstrate a firm commitment to construction of a well-designed MFR. Upon approval of the MFR, existing zoning must be changed to an MFR zone which is an amendment to the ordinance. The amendment procedures contained in Article XXVI, must be followed in granting the amendment to permit MFR. Approval of MFR zoning shall in every instance be conditioned by the site development plan approved by the City Council.

2.

If the development plan is approved as submitted, the official map of Butler will be changed to indicate the MFR district. If the plan is approved with modifications, the applicant must file with the Zoning Administrator the following:

a.

Written notice of consent to the modifications.

b.

Properly revised site development plans.

3.

The official map will then be changed. The site plan and supporting information of any approved plan will be properly identified and permanently filed with the Zoning Administrator.

4.

No building permits will be issued by the Zoning Administrator until the development plan has been approved by the City Council.

5.

The standard review time(s) for the Zoning Administrator will be ten (10) business days, per period of review, or per each submission or change in documents by the submitting party. If a period of more than ten (10) business days is required for review or approval the Zoning Administrator shall inform the submitting party of the delay and provide an estimated completion date.

D.

Issuance of Building Permits. The Zoning Administrator will issue building permits for buildings and structures in the area covered by the approved development plan, if the proposed buildings and structures are in conformity with the approved development plan, the development schedule and all other applicable regulations.

E.

Revision of Development Plan after Approval.

1.

Minor extensions, alterations or modification of existing buildings or structures may be permitted after review and approval by the City Council; such changes must be consistent with the purposes and intent of the development plan.

2.

Any major or substantial change in the approved development plan which affects the intent and character of the development, the density of land use pattern, the location or dimensions of streets or similar substantial changes must be reviewed and approved by the Zoning Administrator and City Council after receipt of recommendations from the Zoning Administrator and City Council in accordance with the provisions of Article XXVI. A request for a revision of the development plan must be supported by a written statement indicating the nature of the revision and the reasons it is considered necessary or desirable to revise the development.

(Ord. of 3-12-2019)

A.

General. The condition of soil, ground water, drainage and ground slope must not create hazards to the property or to the health or safety of residents. The site must not be exposed to objectionable smoke, noise, odors, or other adverse conditions and no part subject to flooding or erosion can be used for any purpose that would expose people or property to danger.

B.

Soil and Groundcover. Exposed ground surfaces throughout the development must be protected with a vegetative growth that prevents soil erosion, standing puddles, and dust. If this is not possible, such areas may be covered with a solid material such as stone, or may be paved.

C.

Site Drainage. The ground surfaces throughout the development must be equipped to drain all storm water in a safe, efficient manner, either through grading or installation of drains. All storm water must be drained into a detention or retention structure prior to flowing off site.

(Ord. of 3-12-2019)

A.

Grounds. All subdivision grounds shall be maintained with grass, trees and shrubs to enhance the appearance of the subdivision and to prevent soil erosion or the creation of dust during dry weather.

B.

Walkways.

1.

All developments must have safe, convenient all-season pedestrian and handicap access of adequate width for intended use. Walks must be durable and convenient to maintain. Sudden changes in alignment and gradient should be avoided.

2.

Common walks, where provided, should be at least three and one-half (3½) feet wide.

3.

All apartment dwellings must be connected either to common walks, paved streets, paved driveways, or parking spaces adjacent to paved streets. Such individual walks must have a minimum width of three and one-half (3½) feet.

C.

Maintenance. All owners/operators of said development shall be responsible for the upkeep of all drives/access roads and walkways within the confines of said development. The ground of said subdivision shall be clear of all litter, trash, garbage, inoperable automobiles, trucks, etc. The grounds shall be well-maintained (cutting of grass and maintenance of other landscaping) and drainage ways kept clean to assure a habitable and sanitary environment.

D.

Trees. All developments shall maintain a minimum tree density of 20 trees per acre. The density may be achieved by counting existing trees to be preserved, but planting new trees or be a combination of the two. The property owner may base the density calculation on the net site area, excluding the infrastructure improvements (roads, utility lines, etc.) and buffer zones. A parking lot will not be considered an infrastructure improvement.

(Ord. of 3-12-2019)

A.

Street Construction and Design.

1.

All interior streets within the multi-family development must be paved with a material and thickness which meets the standards specified by the City of Butler.

2.

The maximum permitted grade for streets is ten (10%) percent. Short runs with a maximum grade of fifteen (15%) percent may be permitted upon specific approval of the Zoning Administrator if traffic safety is assured by adequate leveling areas and avoidance of lateral curves.

3.

Offset intersecting streets must be offset at the center lines at least one hundred fifty (150) feet. Reverse curves must be connected by a straight section that is at least seventy-five (75) feet long.

4.

If a proposed street is to be greater in length than 300 ft., a plan profile for the road system shall be submitted along with the site plan. The City Council shall approve all road construction specifications at the time the final plat is submitted.

B.

Street Width.

1.

No On-Street Parking: Twenty-four (24) feet.

2.

Parking on One Side: Thirty-two (32) feet.

3.

Parking on Both Sides: Forty (40) feet.

4.

All dead end streets which exceed two hundred (200) feet in length must have a turn-around at the closed end with an outside paved diameter of at least eighty (80) feet and shall be no longer than one thousand (1,000) feet.

5.

Each proposed development over twenty (20) acres in size shall have a minimum of two (2) access streets.

6.

All access streets that intersect a state highway must have both acceleration and deceleration lanes that comply with Georgia Department of Transportation (GDOT) guidelines.

C.

Streetlights. Outdoor lighting is required which will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:

1.

All parts of the street system of the development: One-half (0.5) foot candle.

2.

Potentially hazardous locations, such as major street intersections, steps and stepped ramps: Individually lighted, with a minimum of one (1) foot-candle.

(Ord. of 3-12-2019)

A.

Off-Street Parking. Paved off-street parking areas must be provided for the use of residents. At least two (2) spaces for each dwelling unit must be furnished.

B.

Guest Parking. Paved parking areas for guests may be either on-street, in a separate off-street lot, or a combination of both. At least one (1) parking space per two (2) dwelling units must be furnished.

C.

For other Off-Street Parking and Service Standards see Article XXI of this Ordinance.

(Ord. of 3-12-2019)

Service buildings, recreation buildings and other such facilities of the development must meet the requirements of applicable codes and regulations adopted by the City of Butler

(Ord. of 3-12-2019)

A minimum of three hundred (300) square feet for each dwelling unit must be open space. This may be either one large area or several separate areas. This land area must be suitable for recreational use and contain equipment appropriate for residents of the proposed development.

(Ord. of 3-12-2019)

An approved trash container compatible with the City of Butler sanitation service or its agent shall be located within 150 ft. of any development and shall be screened by a solid opaque fence of adequate height to screen from view any material in the container. Such trash containers shall be provided by the development owner/operator.

(Ord. of 3-12-2019)