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Cusseta City Zoning Code

Sec. 8

District regulations.

Within the zoning districts established there are uses permitted, density limitations imposed, and special requirements set forth. This section establishes those uses permitted, limits density, and sets forth certain special regulations in order to achieve compatibility with the Cusseta-Chattahoochee County Comprehensive Plan.

8.1

Uses permitted in all districts. There shall be permitted in all districts the following uses:

A.

Public utilities (but not including power and gas substations and pumping stations).

B.

Accessory structures.

8.2

Conditional uses permitted in all districts with review. There shall be permitted in all districts the following conditional uses only after site plan review by the planning commission and approval by the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia:

A.

Public buildings of a governmental nature, including libraries. The floating zone district "PUB" shall be denoted on the official zoning map for all approved uses.

B.

Public utilities, not otherwise specified, including power and gas substations and pumping stations. The floating zone district "PUB" shall be denoted on the official zoning map for all approved uses.

C.

Public school buildings and associated uses, public vocational schools, public research and training facilities. The floating zone district "PUB" shall be denoted on the official zoning map for all approved uses.

D.

Public recreational facilities, including parks, playgrounds, stadiums, etc. The floating zone district "PUB" shall be denoted on the official zoning map for all approved uses.

8.3

Conditional uses.

Uses with an asterisk (*) following the district are considered to be a conditional use. These uses are deemed "appropriate" in some locations within a district or group of districts, but only if certain conditions are met. The planning commission may recommend that additional conditions need to be adopted in order to protect the health, safety and welfare of the county.

All conditional uses will require the submission of an overall development scheme stating the development intentions of the landowner, including but not limited to the following: a statement of location and intensity of proposed use(s) and activity(ies), a physical description of proposed facilities accommodating such uses, and a general location of existing and proposed public utilities. Public notification procedures described in section 15.2 shall be followed for all conditional use permits.

8.4

Number of single-family detached dwellings per lot. No more than one single-family detached dwelling and/or principal building and its customary accessory building shall hereafter be erected on any one lot less than one acre in area. On lots more than one acre in area one single-family detached dwelling and/or principal building and two customary accessory buildings may be erected on any one lot. More than two accessory buildings on a lot greater than one acre may be allowed after review and approval by the Chattahoochee County Planning Commission.

8.5

Specific district regulations. The following pages contain specific regulations for each district including uses permitted, uses prohibited, required lot area, density limitations, setbacks, and height limitations. All lands, buildings and structures shall be developed in accordance with the zoning district regulations and use regulations applicable to the zoning district in which such land, buildings, and structures are located. Any development of land not in accordance with that permitted under this ordinance shall be prohibited.

I. Zoning district regulations.

A-1 Agricultural district.

1.

Minimum lot requirements: 20 acres.

2.

Dwelling units allowed: one for every 20 acres.

3.

Minimum lot width at front building line: 150 feet.

4.

Front yard setback: 85 feet on major thoroughfare; 35 feet on any other street.

5.

Side yard setback: 15 feet on each side.

6.

Rear yard setback: 20 feet.

RR Rural residential district.

1.

Minimum lot requirements: five acres.

2.

Dwelling units allowed: one for every five acres.

3.

Minimum lot width at front building line: 150 feet.

4.

Front yard setback: 85 feet on major thoroughfare; 35 feet on any other street.

5.

Side yard setback: 15 feet on each side.

6.

Rear yard setback: 20 feet.

R-1 Residential district.

1.

Minimum lot requirements: one acre.

2.

Dwelling units per one acre: one.

3.

Minimum lot width at front building line: 75 feet.

4.

Front yard setback: 55 feet on major thoroughfare; 35 on any other street.

5.

Side yard setback: 15 feet on each side.

6.

Rear yard setback: 20 feet.

R-2 Residential (site-built dwellings) district.

1.

Minimum lot requirements: one acre.

2.

Dwelling units per one acre: one.

3.

Minimum lot width at front building line: 75 feet.

4.

Front yard setback: 55 feet on major thoroughfare; 35 on any other street.

5.

Side yard setback: 15 feet on each side.

6.

Rear yard setback: 20 feet.

R-3 Medium density residential district.

1.

Minimum lot requirements: 32,000 square feet.

2.

Dwelling units per lot: one.

3.

Minimum lot width at front building line: 50 feet.

4.

Front yard setback: 35 feet on major thoroughfare; 20 on any other street.

5.

Side yard setback: 15 feet on each side.

6.

Rear yard setback: 20 feet.

R-4 Medium density residential (site built dwellings) district.

1.

Minimum lot requirements: 32,000 square feet.

2.

Dwelling units per lot: one.

3.

Minimum lot width at front building line: 50 feet.

4.

Front yard setback: 35 feet on major thoroughfare; 20 on any other street.

5.

Side yard setback: 15 feet on each side.

6.

Rear yard setback: 20 feet.

R-5 Multi-family residential district.

1.

Minimum lot requirements: one acre.

2.

Maximum dwelling units per acre: four.

3.

Minimum lot width at front building line: 75 feet.

4.

Front yard setback: 35 feet on major thoroughfare; 20 on any other street.

5.

Side yard setback: 15 feet on each side.

6.

Rear yard setback: 20 feet.

[sic] planted with a buffer strip of shrubs and trees to provide an aesthetic appearance.

I-1 Industrial district.

1.

Minimum lot requirements: two acres.

2.

Maximum lot coverage: 50 percent of total area.

3.

Minimum lot width at front building line: 75 feet.

4.

Side yard setback: 30 feet (see note other req. 7a).

5.

Street side setback: 50 feet.

6.

Rear yard setback: 50 feet (see note other req. 7b).

7.

Other requirements:

a.

A side yard setback of 50 feet shall be required where a side yard abuts a residential district, and 20 feet of the setback shall be planted with a buffer strip of shrubs and trees to provide an aesthetic appearance.

b.

When a rear yard abuts a residential district, 20 feet of the setback shall be planted with a buffer strip of shrubs and trees to provide an aesthetic appearance.

c.

A landscaped or naturally vegetated area a minimum of five feet wide shall be required on three sides of the property unless waived by the Chattahoochee County Planning Commission.

8.

Off-street parking: as required in section 11.3.

9.

Off-street loading and unloading: as required in section 11.4.

II. Floating zones.

CORD Commercial outdoor recreation development.

1.

A site plan for the total acreage must be submitted to the planning commission for review to ensure consistency with the overall plans for the appropriate development of the county. Final approval of the plan rests with the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia.

2.

Amendments to the approved site plan must be submitted to the planning commission for review and forwarded to the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia for final approval.

3.

When [a] CORD abuts a public road, the minimum setback requirements shall be those of the most restrictive adjacent zoning district.

4.

A landscaped or naturally vegetated area a minimum of 20 feet wide shall be required on three sides of the property.

MHU-1 Manufactured housing unit district-parks (mobile home parks).

Acreage requirements: Manufactured housing unit parks shall be located on a site containing not less than 20 acres and not more than 30 acres.

Area: The area of a park must be of a size to allow an average of 15,000 sq. ft. per manufactured housing unit lot. The entire area designated as MHU-1 must be utilized for placement of MHU's with a minimum density of two units per acre; exclusive for the areas used for utilities and amenities: office, laundry, playground or other public use areas.

Yards: front - 50 feet; rear and side - 25 feet for manufactured housing unit park.

Space front yard: ten feet minimum.

Space side yard: 20 feet between manufactured housing units.

Space rear yard: 25 feet minimum.

Parking: two spaces for each manufactured housing unit.

Other requirements.

1.

Survey site plan required shall include the following: name and address of owner, vicinity map, with a minimum scale of one inches = 100 feet, north arrow, numbered lots, lot numbers, size of lots, street layout, trash container(s) location, location of all utilities including sewage, unless originally approved with site plans.

2.

Streets within mobile home parks will be maintained to the same standard as other streets in the community. Within three years of adoption of this ordinance, streets within current mobile home parks will be maintained with a minimum or gravel. Mobile home parks that are currently paved will be required to maintain that pavement. Streets within mobile home parks created after 2021 will be paved.

3.

Each manufactured housing unit space shall be furnished with connections to water, sewer or septic (tank), and electricity utilities; and shall be approved by the appropriate public department, in accordance with state law.

4.

Manufactured housing units designed for residential use may not be used for nonresidential use within manufactured housing unit parks, except for the manufactured housing unit park office. Manufactured housing units designed for recreational purposes are allowed.

5.

Each manufactured housing unit space may have an accessory building located in the rear yard and such accessory unit shall not be located closer than ten feet to the manufactured housing unit.

6.

Trash removal shall be in accordance with the Cusseta-Chattahoochee County Recycling Plan.

7.

All owners, operators of said manufactured housing parks shall be responsible for the upkeep within the confines of said park to assure a clean, habitable and sanitary environment.

8.

A 20-foot wide buffer strip shall be planted within the 25-foot side and rear yards of the manufactured housing unit park.

9.

Skirting. All manufactured housing units shall have suitable skirting between the base of the unit and the ground with suitable ventilation.

10.

Anchors. All units shall be provided with anchors as required by state law.

11.

Travel trailers. Manufactured housing unit space shall not be used for the accommodation of travel trailers or recreational vehicles under any circumstances.

12.

Age of units. The manufactured housing unit to be placed must be certified under the U.S. Department of Housing and Urban Development and as applicable to the Georgia State Fire Marshal's Office and manufactured and not be in excess of 20 years of age when placed in a manufactured home park and not be in excess of ten years of age in other areas of Cusseta-Chattahoochee County.

13.

See Manufactured housing unit, section 11.12.

14.

Recreational facilities for residents and guests may be provided.

15.

Business license to operate a mobile home park is required.

III. Planned unit development regulations.

The purposes of these regulations are to encourage the appropriate development of tracts of land in all zoning districts sufficiently large to allow comprehensive planning and to provide flexibility in the application of certain regulations in a manner consistent with the general purposes of the zoning ordinance, thereby promoting a harmonious variety of uses, the economy of shared services and facilities, compatibility with surrounding areas, and the creation of attractive, healthful, efficient and stable environments for living, shopping and working.

Ownership.

To qualify as a planned unit development (PUD) the tract or tracts of land included in such development must be under one ownership or control or must be the subject of a joint application by the owners of all the property included. The holder of a written option to purchase or any governmental agency shall be deemed to be the owner of such land for purposes of satisfying this requirement. Unless otherwise provided as a condition for approval of a planned unit development, the applicant may divide and transfer units of any development for which approval has been granted, provided that the transferee shall complete each such unit, and use, and maintain it, in strict conformance with the approved development plan.

Review criteria.

A PUD may be approved only when the following review criteria are met:

1.

The proposal shall produce a functional, enduring and desirable environment, with no significant adverse impacts to adjacent properties.

2.

The proposal shall be consistent with the plans of Cusseta-Chattahoochee County.

3.

The design and site planning shall insure compatibility and harmony with existing and planned uses on adjacent properties. Design elements to be considered include, but shall not be limited to, architectural style, placement of buildings upon land, building heights and bulk, off-street parking, open space, privacy and landscaping.

4.

The proposal shall ensure compatibility and harmony with natural features of the site and adjoining properties. Natural features to be considered include, but shall not be limited to, topography, native vegetation, wildlife habitats and watercourses.

5.

The location, design and size of the proposal are such that occupants will be adequately served by existing or proposed facilities and services.

6.

The proposal shall provide adequate common open space areas free of buildings, streets, driveways, or parking areas. The common open space shall be so designed and located that it is easily accessible to all occupants of the project and is usable for open space and recreational purposes.

7.

Off street parking facilities shall provide parking sufficient for occupants of the development and their guests and shall be planned part of the development to minimize exposure and impact on surroundings.

8.

Perpetual maintenance of all common land and facilities through means acceptable to the county shall be ensured.

9.

The location, design and size of the proposal are such that the traffic generated by the development can be accommodated safely, without causing congestion on major streets and without requiring the unnecessary traversing of other local streets.

Performance bonds.

Cusseta-Chattahoochee County may, as a condition of approval, require a cash bond or surety bond for completion of all or specified parts of the development. The bond shall be in a sum of 100 percent of the estimated cost of the work and conditioned upon the faithful performance of the work specified within the time specified.

Development standards.

The maximum allowable density shall be based on the overall land area, excluding public streets, rights-of-way and lands devoted to nonresidential facilities, and shall not exceed the overall density permitted by the applicable zoning district in which the PUD is proposed.

Distribution of facilities.

All facilities including off-street parking and loading facilities, usable open space and landscaping, buffering and screening may be located within the development without reference to lot lines or blocks, except the required parking spaces that serve residential development shall be located within 200 feet of the building containing the living units served.

Waiver of dimensional requirements.

The minimum lot area, width, frontage and yard requirements and maximum height requirements otherwise applying may be waived or modified for purpose of promoting a unified site plan.

Coordination with other requirements and procedures.

The requirements prescribed in the planned unit development regulations are intended to be supplementary to and coordinated with those of other sections of this ordinance and to the requirements of the subdivision regulations, which shall also apply to all planned unit developments which require subdivision review. Subdivision review under the subdivision regulations shall be carried out simultaneously with the planned unit development procedures prescribed hereinafter. The development plans shall be submitted in a form to satisfy requirements of the subdivision regulations for preliminary and final maps.

General procedures.

Application for a planned unit development shall be made by the owner of the subject property or by his authorized agent on a form prescribed by the building inspector and shall be filed with such inspector. The application shall be accompanied by such information as is required under this procedure and submitted in a quantity specified by the inspector. The planned unit development procedure shall comprise a two-part process: a development plan review and a final review.

Development plan review.

The development plan review shall provide an opportunity for detailed review of proposed developments by Chattahoochee County officials and the general public.

1.

Elements of the process. The development plan review process includes the following elements: Submission of a detailed development plan by the applicant, a development plan review by various city departments and other public and private agencies and departments as appropriate, public review of a response to the development plan through one or more public hearings, and formal action by the planning commission on the development plan.

2.

Application. All applicants submitting proposals for a planned unit development shall prepare and submit to the building inspector a development plan within one year from the date of the informational review conference.

3.

Content. The development plan shall be based on the generalized development plan presented in the informational review. All elements required within the development plan shall be sufficiently detailed to indicate intent and impact. The following shall be included in the development plan:

a.

An overall development scheme stating the development intentions of the landowner, including but not limited to the following: a statement of location and intensity of proposed uses and activities, a physical description of proposed facilities accommodating such uses, a statement of location and general configuration of lands to be dedicated for public open space and other public use, a general designation of utilities, and a general statement of form of site management proposed for common open spaces and facilities.

b.

A set of drawings of the entire development, accompanied by narratives as appropriate, indicating: perimeter boundaries of the site; streets and driveways, sidewalks and pedestrian ways and off-street parking and loading areas; location and approximate dimension of buildings and other structures, including activities and the number of living units; reservations for public uses and opens spaces; major landscaping proposals; and renderings clearly establishing the scale, character and relationship of buildings, streets and open spaces.

c.

A set of maps and statements providing information on the character and use of the surrounding area within 300 feet of the limits of the proposed development.

4.

Development plan review conference. Within 15 days of receipt of the completed development plan, a conference will be held between the applicant, the planning commission, the public works department, the building inspector and other departments or agencies deemed appropriate in order to review the development plan regarding compliance of various elements proposed with applicable planning and zoning regulations of the county.

5.

Planning commission public hearing. Within 40 days but not less than 15 days following the development plan review conference, a public hearing shall be held before the planning commission for formal action on the proposed development. As appropriate, this hearing may include and incorporate any hearing required for compliance with the subdivision regulations. Within 40 days following said hearing. The planning commission shall render a decision. Action taken by the planning commission may be a recommendation of any of the following:

a.

Approval.

b.

Conditional approval, wherein certain changes are required, or certain conditions of approval have been imposed, as deemed necessary and desirable in the judgment of the planning commission to ensure conformity to applicable criteria and standards.

c.

Denial, when the planning commission finds that the proposed development does not meet applicable criteria and standards.

6.

Commission of the Unified Government of Cusseta-Chattahoochee County public hearing. The planned unit development recommendation shall then go before the commission of the Unified Government of Cusseta-Chattahoochee County following the applicable procedures of this ordinance. Action taken by the commission of the Unified Government of Cusseta-Chattahoochee County shall be deemed final and may be any one of the following:

a.

Approval.

b.

Conditional approval, either as recommended by the planning commission or with other conditions.

c.

Denial.

If approved, such change shall be noted on the zoning map(s) as "PUD" and the development plan shall be on file in the building inspector's office.

Final review.

Final review enables involved county departments to review the final development plan prior to issuance of applicable permits.

1.

Elements of the process. Final review includes: submission of the final development plan by the applicant to the building inspector's office for compliance with applicable regulations and codes, and any conditions of approval as appropriate.

2.

Required submission. Within 18 months of approval of the development plan by the planning commission, the applicant shall file with the building inspector a final development plan for the entire development or, when submission in stages has been authorized by the planning commission pursuant to its review of the development plan, for the first unit or stage of development.

3.

Contents. The final development plan shall conform in all major respects with the approved development plan. In addition to all elements specified in this ordinance for the development plan, the final development plan shall include, in maps and narratives as appropriate, the following elements:

a.

The location of water, sewerage and drainage facilities.

b.

Detailed building and landscaping plans and elevations.

c.

Character and location of signs.

d.

Plans for street improvements.

e.

Grading or each moving plans.

f.

Application for any permits required by Cusseta-Chattahoochee County.

g.

Legal documents required for the dedication or reservation of group or common open spaces, for the creation of a nonprofit owners association, and/or for performance bonds.

h.

Changes, if any, as required by the commission of the Unified Government of Cusseta-Chattahoochee County as conditions for approval.

i.

As appropriate, the final development plan may be submitted concurrently with a final subdivision map and a zone change application.

4.

Noncompliance. In cases where the building inspector or other official individually or jointly find any major departure from applicable criteria or standards or from the approved development plan, the final development plan shall be found in noncompliance and shall be denied.

Appeals.

An appeal from the decision of the building inspector as to noncompliance may be made to the planning commission pursuant to their appeal procedure. In considering such appeal, the planning commission shall determine whether the proposal conforms to the requirements for compliance and may approve or disapprove the application or require such changes as noted by the building inspector or impose such conditions of approval as are in its judgment necessary to ensure compliance to the development plan and such other standards, criteria and regulations considered applicable.

(U.G. Ord. No. 2008-1, 3-4-2008; U.G. Ord. No. 2013-1, 5-14-2013; U.G. Ord. No. 2022-1, § I, 8-2-2022)