(a)

Purpose and intent. The R-1, Single-Family Residential District is intended to establish and preserve quiet, stable neighborhoods of detached, single-family residences in a conventional suburban design and layout at low densities. R-1 districts are free from uses other than detached, single-family dwellings, except those which are compatible with and convenient to the residents of such a district, and which do not detract from the visual attractiveness, health, safety, and stability of a low-density, single-family residential neighborhood. The overall density of R-1 districts shall not exceed one and one-half single-family, detached dwelling units per acre.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(Ord. of 2-18-2003, § 501)

(a)

Purpose and intent. The R-1A, Single-Family Residential District is intended to establish and preserve quiet, stable neighborhoods of detached, single-family residences in a conventional suburban design and layout at low densities. R-1A districts are free from uses other than detached, single-family dwellings, except those which are compatible with and convenient to the residents of such a district, and which do not detract from the visual attractiveness, health, safety, and stability of a moderately low density, single-family residential neighborhood. The overall density of R-1A districts shall not exceed 2.5 single-family, detached dwelling units per acre.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(Ord. of 2-18-2003, § 502)

(a)

Purpose and intent. The R-2, Moderate-Density Residential District is intended to provide suitable land for a variety of dwelling types at moderate densities in areas served by public water and sanitary sewer. Dwelling types include detached, single-family residences and two-family dwellings (duplexes). Other types of dwellings, such as triplexes, quadraplexes, townhouses, and detached single-family condominiums may be appropriate, subject to approval as conditional uses and if designed to be in keeping with the character of existing development in R-2 districts. The overall density of R-2 districts shall not exceed three dwelling units per acre.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(Ord. of 2-18-2003, § 503)

(a)

Purpose and intent. The R-3, Multiple-Family Residential District is intended to provide suitable land for a variety of dwelling types at moderately high densities in areas served by public water and sanitary sewer. R-3 districts include existing multifamily developments in the city that exceed the overall density permitted for the district. R-3 districts may provide for a mixture of residential dwelling types, including detached single-family dwellings on small lots, fee-simple townhouses, attached or detached residential condominiums and apartments. The overall density of R-3 districts shall not exceed six dwelling units per acre.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(Ord. of 2-18-2003, § 504)

(a)

Purpose and intent. The OP, Office-Professional Zoning District is intended to encourage and provide suitable areas for professional, medical, and general offices and certain related activities. OP districts apply primarily to office parks and areas planned and developed for office uses. In some cases, the OP district serves as a transition between one or more commercial zoning districts and one or more residential zoning districts.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: an accordance with section 113-182.

(Ord. of 2-18-2003, § 505)

(a)

Purpose and intent. The INST, Institutional Zoning District is specifically tailored to accommodate public and semipublic uses in the city which include but are not limited to public and private elementary, middle, and secondary schools, city, county, and state government offices, municipal fairgrounds, hospitals, churches, institutional residential facilities such as nursing homes and care centers, parks, recreational vehicle parks, public land, open space, public utilities, and other institutions and public uses.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(d)

Development and operation. Development and operation: in accordance with the subdivision and land development regulations.

(Ord. of 2-18-2003, § 506; Ord. of 2-16-2010, § 3)

(a)

Purpose and intent.

(1)

The CBD, Central Business District is intended to maintain and encourage office and business development in the central business area of the city. The CBD district is distinguished from other commercial zoning districts in that the CBD permits greater lot coverages, building heights, and building intensities. The CBD also is less restrictive with the absence of front and side building setbacks and exemptions from minimum off-street parking requirements.

(2)

Permitted uses include those that contribute to a pedestrian-friendly central business district and that maintain the character of the district as the governmental office, financial, and commercial business center for the city. Automobile-related facilities and services are not appropriate to this character, and thus, new highway business uses are not permitted in the CBD. Housing may be an appropriate part of development and redevelopment proposals in the CBD, subject to conditional use approval.

(3)

Rezoning to CBD is not appropriate except when clearly needed to expand the existing CBD in a contiguous fashion and to provide for new development or redevelopment with characteristics that would contribute to the pedestrian-friendly, compact form of the existing CBD.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(d)

Special requirements. Special requirements: Any development involving a new building more than three stories in height, or eight dwelling units or more, shall require conditional use approval in accordance with article II of this chapter.

(Ord. of 2-18-2003, § 507)

(a)

Purpose and intent. The NS, Neighborhood Shopping District is intended to provide areas for limited, small-scale commercial uses of a convenience nature serving nearby residential neighborhoods as opposed to a regional market. With the exception of convenience stores with gasoline pumps, NS districts do not permit or accommodate automotive uses or other types of more intensive highway business activities, or those uses which are of such magnitude or type that would result in the generation of excessive traffic, noise, odors, pollution, safety hazards, or other adverse impacts which would detract from the desirability of adjacent properties for residential use. Uses within NS districts generally occur within enclosed buildings with no outside storage and limited outdoor display of goods and merchandise. In some cases, NS districts are established adjacent to the central business district with the intention of providing pedestrian-friendly retail districts that are connected to and compatible with the central business district.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(Ord. of 2-18-2003, § 508)

(a)

Purpose and intent.

(1)

The HB, Highway Business District is intended to provide suitable areas for those business and commercial uses which primarily serve the public traveling by automobile and which benefit from direct access to state highways. HB districts are generally designed so that the automobile has precedence over the pedestrian. Automobile sales and service, lodging, and ministorage facilities are representative uses. Open storage and open-air business uses are also permitted, subject to certain screening requirements.

(2)

HB districts apply to many properties fronting along certain portions of the state highways in the city. Generally, highway business districts are considered unsuitable for locations that abut single-family residential districts, because the uses permitted in such districts create off-site impacts (e.g., noise, lighting, traffic, odor, aesthetics) that are incompatible with detached, single-family neighborhoods.

(3)

Due to the adopted policy of encouraging more pedestrian-friendly development in a city that already has significant traffic and congestion burdens, rezoning to the HB district is strongly discouraged. Great scrutiny shall be given to any requests for rezoning to HB. Substantially compelling evidence of the need for additional highway business uses in the city and evidence of the lack of significant off-site impacts upon adjoining uses must accompany any request to rezone to the HB zoning district.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(Ord. of 2-18-2003, § 509)

(a)

Purpose and intent. The PSC, Planned Shopping Center District is intended to accommodate a planned mix of retail shopping facilities including retailers within large, single-tenant buildings, along with outparcels for restaurants. The PSC district in the city serves as a major regional shopping destination for, retail goods, dining, building supplies, indoor commercial recreation, and personal and lodging services in the county. Uses permitted within the PSC district also include certain highway business and open-air business uses. The PSC district is generally designed so that the automobile has precedence over the pedestrian, but facilities that safely accommodate pedestrian are to be provided. Development in the PSC district is designed in a conventional, suburban layout with abundant off-street parking in front of commercial buildings.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(d)

Special requirements. Special requirements: When an R-1, R-1A, or R-2 zoning district, or a single-family subdivision in unincorporated the county, abuts or adjoins (i.e., is located across the street from) a PSC zoning district, a natural buffer replanted where sparsely vegetated with a width of not less than 50 feet shall be provided and maintained along all property lines abutting or adjoining an R-1, R-1A, or R-2 zoning district or a single-family subdivision in unincorporated the county.

(Ord. of 2-18-2003, § 510)

(a)

Purpose and intent. The OCMS, Office-Commercial Multi-Story District is intended to provide areas for office buildings with accessory commercial uses greater in height (up to six stories) than are allowed in other office and commercial districts. Taller buildings are intended to encourage efficient construction which will better facilitate increased landscaping and greenbelt areas and improved aesthetic qualities in a campus-style environment. Due to floor-area ratios permitted in the OCMS district, which are higher than in other commercial districts of the city, off-street parking is in almost all circumstances required to be provided in parking decks. OCMS districts permit a variety of commercial and service uses that support the needs of office workers on-site and, when provided, such commercial uses will likely avoid the need for individual vehicle trips off-site during lunch hours. OCMS districts, due to their greater building intensities and heights, are suitable only adjacent to State Highway 400. The greater building heights and intensities, decked parking, and increased open spaces are intended to accommodate significant development in areas with steep or relatively steep topography, while preserving the original land forms and topographic contours as much as possible.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(d)

Special requirements. Dimensional requirements: When an R-1, R-1A, or R-2 zoning district, or a single-family subdivision in unincorporated Forsyth County, abuts or adjoins (i.e., is located across the street from) an OCMS zoning district, a natural buffer replanted where sparsely vegetated with a width of not less than 50 feet shall be provided and maintained along all property lines abutting or adjoining an R-1, R-1A, or R-2 zoning district or a single-family subdivision in unincorporated Forsyth County. No OCMS zoning district shall be established unless the site plan for the property contained within the OCMS district contains a plan showing a pedestrian and recreational trails network for the proposed development. The pedestrian and recreational trails network shall be subject to the approval of the mayor and council.

(Ord. of 2-18-2003, § 511)

(a)

Purpose and intent. The M-1, Restricted Industrial District is established with the purpose of reserving certain areas with relatively level topography, adequate water and sewerage facilities, and access to arterial streets for industrial operations, but where such areas' proximity to residential and other districts makes it desirable to limit industrial operations to those that are not objectionable by reason of the emission of noise, vibration, smoke, dust, gas, fumes, odors or radiation and that do not create fire or explosion hazards or other objectionable conditions. M-1 districts include freestanding, light industrial operations, as well as, planned industrial parks. Certain commercial uses having an open storage characteristic, or which are most appropriately located as neighbors of industrial uses, are also permitted within this district.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(Ord. of 2-18-2003, § 512)

(a)

Purpose and intent. The MU, multiple use district is intended to provide suitable land for a mixture of commercial and residential development. Effective July 3, 2018, no new applications will be accepted for rezoning land to the MU zoning district. All existing MU zoned land shall remain zoned MU until changed by amendment to the zoning map in conformity with all legal requirements. Uses and performance standards for those lands already zoned MU shall be as are set forth elsewhere in this zoning ordinance.

(b)

Permitted and conditional uses. Permitted and conditional uses: in accordance with section 113-181.

(c)

Dimensional requirements. Dimensional requirements: in accordance with section 113-182.

(Ord. of 2-18-2003, § 510; Ord. of 3-17-2009, § 2; Ord. of 7-17-2018, § 2)

(a)

Purpose and intent. The PUD zoning district is established with the following purposes and intentions:

(1)

Provide the primary means for implementing horizontal and vertical mixed-use development within the "mixed use" designation on the future land use plan map of the City of Cumming Comprehensive Plan;

(2)

Provide for the development of residential dwellings with office, institutional, service, and retail uses within the same building (i.e., "vertical" mixed use);

(3)

Provide for a means of rezoning and developing land for horizontal mixed uses (e.g., an office park adjacent to a residential neighborhood);

(4)

Allow and encourage more unique, flexible, creative, and imaginative arrangements and mixes of land uses in site planning and development than are permitted via other zoning districts established in this section;

(5)

Encourage a broader mix of residential housing types, including detached and attached dwellings, than would normally be constructed in conventional subdivisions;

(6)

Allow and encourage the development of tracts of land as a unified whole, connected in design and access, and resulting in high-quality, planned neighborhoods or communities;

(7)

Preserve the natural amenities of the land through maintenance of conservation areas and open spaces within developments, and provide for more usable and suitably located recreational facilities, open spaces, scenic areas, and/or civic spaces, either commonly or publicly owned, than would otherwise be provided by development pursuant to a conventional zoning district; and

(8)

Provide for the more efficient use of land through clustering that will result in smaller networks of utilities and streets.

(b)

Definitions and interpretations.

(1)

When the word "shall" is used, it is mandatory and must be followed. When the word "should" is used, it is a suggested guideline rather than a mandatory regulation. However, applications that depart from suggested guidelines in this section may be grounds for disapproval of an application for PUD zoning.

(2)

"Mixed use" means the combination of one or more residential land uses with one or more institutional, office, retail, or services in the same development.

(3)

"Horizontal mixed use" means development of residential dwellings with office, institutional, service and/or retail uses on the same development site but where such uses are not combined in the same building.

(4)

"Vertical mixed use" means development of residential dwellings with office, institutional, service, and/or retail uses within the same building.

(5)

"New urbanism" means a type of land development planning that integrates housing, work places, shopping, and recreation into compact, pedestrian-friendly, mixed-use neighborhoods.

(6)

"Traditional neighborhood development" means a type of land development planning that existed prior to the automobile and that includes several of the following characteristics: streets laid out in a grid system, alleys, buildings oriented to the street, pedestrian orientation, front porches on houses, compatible mixed land uses, and village squares and greens.

(7)

Open space: Any combination of primary conservation areas and secondary conservation areas, as defined, that together form a permanent, undivided or relatively undivided, undeveloped area. This may include buffers and areas not containing any manmade structures or pavements.

(c)

Permitted uses. The uses permitted within the PUD zoning district shall be as proposed by the applicant and shown on a development plan during the rezoning process as may be approved by the Cumming City Council as conditions of zoning approval. An application for PUD zoning shall provide for and require the development of mixed use, as defined.

(d)

Dimensional requirements. Dimensional specifications (i.e., building height, building setbacks, minimum lot area, minimum lot width, maximum lot coverage, minimum open space, maximum floor-area ratios, etc. shall be as proposed by the applicant for each proposed land use, as shown on a development plan and/or articulated in a letter of intent during the rezoning process as may be approved by the Cumming City Council as conditions of zoning approval. Standards and specifications proposed by the applicant on the plan or in the letter of intent are legally binding on the development if approved, unless otherwise specified by the Cumming City Council.

(e)

Pre-submission conference. Prior to filing an application to rezone property to the PUD zoning district, the applicant shall be required to schedule and attend a pre-submission conference with the zoning administrator. At the pre-submission conference the applicant shall present a preliminary development plan and provide information summarizing the PUD zoning application and various aspects of the proposed development. The zoning administrator shall prepare a pre-application checklist for PUD zoning applications. An applicant for PUD zoning shall be required to complete and submit the pre-application checklist prior to or during the pre-submission conference. During the conference and within ten calendar days following the pre-submission conference, the zoning administrator may offer suggestions to the applicant on how to revise the development plan to be consistent or more consistent with the requirements and guidelines for planned unit developments specified in this section. The zoning administrator may share the preliminary development plan and pre-application checklist with city staff and appointed and elected city officials for informal feedback and suggestions and to gauge receptiveness to the PUD proposal.

(f)

Zoning application requirements. In addition to requirements for rezoning applications generally, as specified in article II, division 4 of this zoning ordinance, the following shall be required and must be submitted with any request for rezoning to the PUD zoning district. Incomplete applications will not be processed.

(1)

Revised pre-application checklist. A pre-application checklist prepared by the zoning administrator and completed by the applicant. The zoning administrator is authorized to reject an application for PUD zoning if the pre-application checklist or the zoning administrator's subsequent review of the application reveals significant departures from or inconsistencies with the requirements and guidelines for planned unit developments specified in this section. If the application is rejected the zoning administrator shall inform the applicant in writing the reasons for not processing the application.

(2)

Letter of intent. A project narrative describing the proposed planned unit development, and addressing the project's consistency with the adopted comprehensive plan of the city and the criteria for zoning decisions established in this zoning ordinance. The letter of intent shall describe all principal uses within the development, including different dwelling types, each expressed in total acreage and total number of residential units. The percent of land area within the planned unit development devoted to each principal use shall be indicated. Uses not specified in the application shall be deemed to be prohibited unless otherwise approved by the Cumming City Council. The applicant shall also submit a written community benefit statement identifying the relative benefits that will accrue to the community as a result of the property being developed as a PUD zoning district. Specific mention should be made of the development's consistency with the City of Cumming's comprehensive plan and other adopted local or regional plans, the development's consistency with accepted principles of land planning, the mix of uses included, open spaces and civic spaces provided, natural features retained, and architectural designs to be provided. This statement is a developer's opportunity to define why the PUD proposal merits approval and how it will serve the community better than a conventional development.

(3)

Development plan. A master development plan, showing land uses, proposed streets, open spaces, principal building footprints, parking spaces (for all uses except single-family lots) and other proposed features, drawn to an engineering scale.

(4)

Dimensional requirements. The application for PUD zoning shall show on the development plan and/or articulate in the letter of intent, the following dimensional specifications for each lot, principal land use and/or building proposed:

a.

Height. Maximum height in feet and number of stories for each building or use type, and the minimum height for nonresidential buildings.

b.

Lot size and width. The minimum lot size and minimum lot width of any properties to be subdivided (e.g., detached, fee-simple single-family lots).

c.

Setbacks. Minimum front, side, and rear building setbacks.

d.

Maximum building coverage (percentage of lot) for each principal use or land division within the planned unit development and, for nonresidential development, the maximum floor-area ratio of buildings. For vertical mixed-use buildings, the application shall address in a comparison table the proposed project's consistency with table 3-2, "building and density/intensity specifications for the mixed use district" of the City of Cumming Comprehensive Plan; deviations from table 3-2 may be approved by the Cumming City Council for good cause shown.

Building and Density/Intensity Specifications for the Vertical Mixed-Use Buildings
(Table 3.2 from adopted comprehensive plan)

e.

Open space. The minimum open space obtained for the planned unit development as a whole, and the minimum open space incorporated within different land divisions within the planned unit development, as appropriate. Generally speaking, stormwater infrastructure such as detention ponds are not considered "open space," but, in the discretion of the governing authority with appropriate development characteristics in place, they may be counted towards open space requirements. By way of example, a stormwater detention pond that is designed as an amenity for a development could qualify for part of open space calculations.

f.

Residential density. The number of dwelling units per acre for all residential types. This shall include separate calculations for the following: Dwellings on individual lots within subdivisions; freestanding multiple-family dwellings (if proposed), and the density and floor area ratio for residential units within vertical mixed-use buildings.

g.

Residential dwelling size. Minimum heated floor area per dwelling unit for each dwelling type.

h.

Parking. The number of parking spaces for each principal use and the ratio provided (i.e., the rate of parking space provision for each unit of land use), and whether the minimum parking space requirements of this zoning ordinance are met or proposed to be modified. Also, specify the number of parking spaces that are surface parking and, if proposed, the number of spaces provided in structured parking (e.g., parking deck).

(5)

Subdivision plan. A plan for the division of property for different land uses or portions of the development which will be subdivided.

(6)

Phasing plan. Planned unit developments must include a schedule indicating the phasing and sequencing of all land subdivision and development.

(7)

Architectural elevations. Architectural drawings showing at minimum the front (other sides encouraged) elevation of principal buildings.

(8)

Street cross-sections. Cross-section drawings within minimum right-of-way, minimum pavement width, curbing detail, on-street parking plans (if applicable) of any streets or private access ways abutting and internal to the proposed planned unit development.

(9)

Design guidelines. Applicants are strongly encouraged but not required to submit guidelines for design and development.

(10)

Development of regional impact (DRI). If the proposed PUD or revision thereto meets one or more thresholds so that it constitutes a "development of regional impact," the PUD approval process shall be subject to the Rules of the Georgia Department of Community Affairs, Chapter 110-12-3, "Developments of Regional Impact" effective March 1, 2014, or as subsequently amended. If such review is required, upon request by the city, the applicant shall provide the necessary information for the city to submit to the Georgia Mountains Regional Commission.

If PUD zoning is approved, the development plan, dimensional requirements shown on the development plan or articulated in a letter of intent, subdivision plan, phasing plan, architectural elevations, street cross-sections, and design guidelines (if submitted) approved by the Cumming City Council via rezoning shall automatically be conditions of zoning and development approval and must be followed, unless specifically provided otherwise in the conditions of zoning approval.

(g)

Revisions after initial approval. Amendments to approved PUD zoning districts shall be permitted but governed by the procedures and provisions for amending the official zoning map as specified in this zoning ordinance. Minor revisions to approved PUD development plans may be administratively approved by the zoning administrator. A minor revision is one which, in the discretion of the zoning administrator, does not change the character or layout of a PUD, and does not change the classification or any land use (i.e. residential or commercial use) or density by more than ten percent.

(h)

Guidelines. This subsection provides suggested guidelines for land uses and design in planned unit developments. They are not mandatory, but successive departures from the guidelines may be grounds for disapproval of the PUD application. These guidelines are in addition to policies articulated in the city's adopted comprehensive plan, with which the PUD should demonstrate consistency.

(1)

General principles. Design principles of "new urbanism" and "traditional neighborhood development" are generally considered appropriate, scaled as appropriate to the overall suburban context of the City of Cumming.

(2)

Vertical mixed-use buildings. One or more vertical mixed-use buildings should be provided, combining residential, institutional, office-professional, service, retail, and/or indoor community recreation within the buildings. The vertical mixed-use component of the PUD should be the centerpoint of design and should attempt to create a destination with inviting streetscapes and civic and/or open spaces. Live-work units within vertical mixed-use buildings may be appropriate.

(3)

Freestanding commercial buildings. Commercial activities should be concentrated within vertical mixed-use buildings. Free-standing commercial buildings (without vertical housing), such as a grocery store may be appropriate within the PUD if abutting an existing arterial street or on lots with collector or arterial street access.

(4)

Mix of housing types. The mix of housing types will depend on the specific context and compatibility with surroundings. For PUDs with 40 acres or more, there should be a combination of dwellings including residences in vertical mixed-use buildings, fee-simple townhouses adjacent to the focal point of the PUD, and detached, single-family, fee simple lots (with variations in lot sizes), preferably continuing in a grid pattern established in the focal point or following conservation subdivision design.

(5)

Single-family, detached. Subdivisions for single-family homes should be developed in a grid pattern, or they should follow principles of conservation subdivision design. Lots should not be smaller in area than 6,000 square feet, and lot widths should not be less than 50 feet. Specification of these minimums does not necessarily imply approval of lot development at these.

(6)

Freestanding multiple-family residential buildings. Dwellings within vertical mixed-use buildings are preferred over freestanding apartment or residential condominium buildings. Phasing schedules should not provide for development of free-standing multiple-family residential buildings until after development of one or more vertical mixed-use buildings and/or commercial and institutional buildings, as appropriate. Densities should be considerably lower in free-standing multiple-family residential buildings than within vertical mixed-use buildings.

(7)

Institutional development. For larger PUDs (approximately 25 acres or more), inclusion of institutional residential living and care facilities (e.g., nursing home) or other institutional uses may be appropriately included. The principle of "life-cycle" housing, where residents of the PUD can transition from independent living to progressive successions of care in the same community, is encouraged. Inclusion of future church, school, community space, or other institutional land uses is appropriate for larger PUDs. Institutional land uses should be designed as transitional uses between vertical mixed-use or free-standing commercial buildings and any single-family subdivisions within or abutting the PUD. Office park components are also considered appropriate depending on context.

(8)

Open and civic spaces. Natural buffers for riparian areas, greenbelts, passive recreation areas, active outdoor recreation areas, village greens, courtyards, pocket parks, civic (hardscape) spaces, landscaping, and other amenity areas, or appropriate combinations thereof, should comprise no less than 20 percent of the land area within the PUD. For single-family subdivisions, where conservation subdivision principles are to be followed, the natural open space should comprise 30 percent or more of the subdivided land area. Where urban residential lots are proposed in a grid pattern surrounding the focal point (preferably vertical mixed-use building(s)), town greens should be incorporated comprising not less than ten percent of the land area devoted to urban residential subdivisions. Where a commercial or institutional use abuts an existing arterial or collector street, civic spaces and streetscapes should be incorporated, comprising not less than five percent of the commercial or institutional lot.

(Ord. of 7-17-2018, § 2)

The following is a table of permitted and conditional uses by zoning district:

See also article V of this chapter for specific use regulations which may apply.

Note—

;le=2;(1)  In cases where a use is proposed but is not listed in this table, the zoning administrator shall make an administrative determination as to whether or not the use is permitted in the zoning district or districts in question. The zoning administrator may determine that such use is substantially similar to a permitted use and allow that use to be permitted. The zoning administrator may determine that such use is substantially similar to a conditional use, and permit that use as a conditional use. The zoning administrator may determine that such use is prohibited altogether in the zoning district or districts in question. In making such determinations, the zoning administrator shall consult the purpose and intent statements of the zoning district or districts in question, in addition to comparing the use in question to uses specifically listed in this table.

;le=2;(2)  In the OP zoning district, within principal buildings of an office complex or use with a minimum aggregate gross floor area of 10,000 square feet or more, the following uses shall be permitted outright but restricted as to size and location within a building principally used as offices: Retail trade establishments, personal service establishments, restaurants including outside seating areas but not including drive-in or drive-through facilities, business service establishments not exceeding 2,500 square feet of gross floor area, and health spas. The total space within an office complex or use that can be devoted to one or more of these uses in the aggregate is ten percent of the total gross floor area of the office complex or use.

;le=2;(3)  With respect to an "auto broker," this use shall be conditional only in the event that any automobiles are stored on site or are stored at a different location within the jurisdictional limits of the City of Cumming. If no automobiles are stored on site or at a different location within the jurisdictional limits of the City of Cumming, the "auto broker" use shall be a permissible use where it is otherwise identified as conditional.

(Ord. of 2-18-2003, table 5.1; Ord. of 5-12-2005, § 2(A), (B); Ord. of 12-20-2005, § 2(A), (B); Ord. of 3-17-2009, § 3; Ord. of 2-16-2010, § 4; Ord. of 2-5-2019, § 2; Ord. of 2-5-2019, § 1; Ord. of 12-17-2019, § 5; Ord. of 8-4-2020, § 1; Ord. of 9-15-2020, § 1; Ord. of 11-4-2020, § 2)

(a)

Table of dimensional requirements. The following is a table of dimensional requirements by zoning district:

(b)

Donation of land to the city, nonconforming remainder. No lot shall be .reduced, divided or changed so that the size of lot, width of lot, street frontage, size of setbacks, density, lot coverage, open space requirement or any other dimensional requirement of this Code, including, without limitation, the dimensional requirements set forth in subsection 113-182(a), is not maintained, except to the extent a portion of such lot is acquired for a public purpose. In the event a portion of a lot is acquired for a public purpose which results in the reduction, division or change in a dimensional requirement of this Code, such lot shall not be deemed a nonconforming lot under division 3 of Article II of this chapter. Land is only "acquired for a public purpose" pursuant to this section when that land is deeded to the city, and the City of Cumming accepts the land for a public purpose, which acceptance is recorded on its minutes.

(Ord. of 2-18-2003, table 5.2; Ord. of 5-12-2005, § 2(C), (D); Ord. of 12-20-2005, § 2(C), (D); Ord. of 3-17-2009, § 4; Ord. No. 8-4-2020, § 2; Ord. of 3-21-2023(2), § 11)

(a)

Purpose and intent. The annexed property ("AP") district is intended to permit those landowners who petition to annex land into the corporate limits of the city without changing the use of their land or the intensity of the use of their land upon annexation, the option of maintaining the same land use performance standards upon the annexed property after annexation as were upon the land prior to annexation by virtue of the land performance standards of the county. Such an option permits landowners who wish to annex into the city without any change in use or development the opportunity to do so with a more gradual transition to the use and performance standards under the city's zoning ordinance.

(b)

Permitted uses in AP. The land use performance standards, both in permissible uses and the intensity of permissible uses, shall be the same as were allowed under the county zoning ordinance governing the land immediately prior to its annexation into the city. No change in the county zoning ordinance after an annexation shall affect or change the land use performance standards for the property annexed.

(c)

Conditional uses. The land use performance standards, both in conditional uses and the intensity of conditional uses, shall be the same as were conditionally allowed under the county zoning ordinance governing the land immediately prior to its annexation into the city. No change in the county zoning ordinance after an annexation shall affect or change the land use performance standards for the property annexed.

(d)

Assignment of AP.

(1)

Upon the effective date of this article, the AP zoning designation shall be an option for the initial zoning of property annexed into the corporate limits of the city.

a.

All persons wishing to maintain the same use of their land as well as the same intensity of the use of their land after annexation shall indicate such desire by indicating on their petition for annexation that they wish their property be zoned AP upon annexation.

b.

Only upon annexation is a landowner eligible to have his land classified within the AP zoning district. Once the land is assigned to a different land use district under the city's zoning ordinance as provided below, the AP district is no longer available.

(2)

Nothing contained herein shall be construed to require property upon annexation or any time after annexation to be assigned the AP zoning designation. Rather, the use of the AP zoning category is at the request of the zoning applicant and is conditioned upon the granting of the same by the mayor and council.

(3)

Once designated as AP by the mayor and council, no rezoning petition may be filed on an AP property for 24 months from the effective date of the annexation as determined by chapter 36 of title 36 of the Official Code of Georgia Annotated. The foregoing notwithstanding, property shall not remain within the AP zoning district for any longer than is described below.

(e)

Conversion to city created performance standards.

(1)

The AP zoning designation is intended to be a temporary land use district for those persons who desire to have their land annexed into the corporate limits of the city, without changing the use of their land or the intensity of the use of their land. It is not intended to permanently supplant the specific zoning designations of the city zoning ordinance, but instead, to provide for continuity in land use performance standards upon annexation.

(2)

The AP zoning designation may be applied to land annexed into the corporate limits of the city for a period of up to 36 months after the effective date of the annexation as determined by chapter 36 of title 36 of the Official Code of Georgia Annotated.

a.

At any time at least 24 months after the effective date of annexation of the property into the corporate limits of the city, the property may be rezoned pursuant to the application of the landowner or on the initiation of a rezoning by the governing authority.

b.

If no zoning change application has been filed by the end of 26 months from the effective date of the annexation, then the zoning administrator shall thereafter initiate a zoning change to be governed by the Zoning Procedures Law, chapter 66 of title 36 of the Official Code of Georgia Annotated, and the City of Cumming Code of Ordinances in order to assign the property a zoning district under the City of Cumming's zoning ordinance.

(Ord. of 2-5-2019, § 3; Ord. of 3-21-2023(2), § 13)