The purpose of this district is to create an area within which a planned development may be established under specified conditions designed to minimize impacts upon surrounding land uses, preserve the carrying capacities of surrounding roadways, and maximize the visual compatibility of such development with its surroundings. Such development may include a mixture of uses under certain circumstances; however, at least 50 percent of the land area within the development shall be residential in character. Commercial uses shall be permitted only when the proposed development shall be adjacent to and primarily accessed by collector streets and roads. This district has a maximum acreage of eight acres.

(Ord. No. 24-02, § 2(Att. 1), 1-8-2024)

Prior to the initial public hearing to rezone the property, preliminary and specific land use development plans and a plat of the site shall be submitted to and shall have been approved by the regulatory staff representing the applicable governing authority. The preliminary land use development plan shall show the traffic and pedestrian circulation plan, use-specific parking plan, the location and dimension of buffer areas, the arrangement of uses, including the square footage (total gross floor area) of the proposed uses, e.g., retail, business, offices, net residential dwelling unit density, number of hotel/motel rooms, easements and dedications, and such other information as is required for planned districts. Once approved by the applicable governing authority, it shall not be altered without repeating the process for initial approval.

The plans shall meet the minimum requirements for a larger common plan of development, and the project shall not be exempt from such requirements.

(Ord. No. 24-02, § 2(Att. 1), 1-8-2024)

The plat shall show the location and dimensions of buffers, easements, fire hydrants, dedication and reservation of lands, setbacks and other conditions for development as approved by the planning commission. Such plat shall be signed by all owners of real property shown upon the approved land use development plan and be duly recorded prior to the issuance of building or development permits.

(Ord. No. 24-02, § 2(Att. 1), 1-8-2024)

When commercial uses shall be allowed, the following uses shall be permitted within a U-PUD zoning district:

5-4-1

Retail business—Service and office uses.

(a)

Lodging facilities: hotels/motels.

(b)

Cultural facilities: art galleries; museums; theaters; libraries; churches; public and private schools; teaching of music, voice, and dance; and child care facilities.

(c)

Offices of health services/practitioners physicians, surgeons, dentists and dental surgeons, osteopathic physicians, chiropractors and other licensed practitioners similar to those listed; laboratories serving professional requirements for dentists, physicians, and environmental assessments.

(d)

Physical fitness and health service clinics: including a pharmacy and incidental sales as an accessory use.

(e)

General office uses: including but not limited to administrative, sales representatives, legal service, engineering and architectural, accountants, auditing, bookkeeping, finance, real estate, insurance and personal services.

(f)

Retail sales and service: including but not limited to coffee shops, bakeries, food stores, pet grooming facilities, nail salons, beauty salons, barber shops, drugstores, clothing stores, home furnishings and hardware, specialty shops, craft shops, photography studios, art studios, antique shops, gift and floral shops, print or letter shops, bookstores, office supplies and equipment, and outdoor sales incidental to permitted principal uses. These establishments shall not exceed 1,800 square feet.

(g)

Eating and drinking establishments: Restaurants with table service and/or takeout/drive-thru service. These establishments shall not exceed 3,000 square feet.

(h)

Cocktail lounges: Must have a valid alcohol license from the applicable jurisdiction. These establishments shall not exceed 800 square feet.

(i)

Off-street parking lots/garages.

(j)

Prohibited:

• Automated or non-automated car washes;

• Coin-laundry facilities;

• Community donation boxes;

• Dollar-type stores or thrift stores;

• Firing ranges;

• Gas stations (if the facility will be located on a parcel less than 2 acres);

• Group Homes, homeless shelters, rooming house or crisis center;

• Hookah, e-cigarette, and/or vapor lounges;

• Industrial facilities;

• Junkyards;

• Kennels;

• Liquor stores;

• Marine sales and/or repair;

• Mini-warehouses and self-service storage facilities;

• Night clubs (any place alcohol sold and people encouraged to dance or with amplified music provided);

• Pawn shops;

• Psychics, fortune tellers, clairvoyants and the like;

• Retail sales of alternative nicotine products;

• Salvage yards/recycling centers/flea markets/yard sales;

• Sawmill;

• Sexually-oriented adult uses;

• Shipping/packaging/mail centers;

• Tattoo parlors;

• Taxi-cab or limousine services;

• Tobacco or vaping stores;

• Truck stops;

• Vehicle repair or service stations;

• Veterinarian or animal hospitals with outdoor kennels;

• Wireless telecommunication facility or cell towers;

• Wrecked motor vehicle compound.

(Ord. No. 24-02, § 2(Att. 1), 1-8-2024)

(a)

Multifamily dwellings, including triplexes, quadplexes, townhouses, flats, apartments, or condominiums.

(b)

Single-family row houses.

(c)

Single-family detached and semidetached dwellings with each dwelling unit located on a separate lot.

(d)

Two-family dwellings.

(Ord. No. 24-02, § 2(Att. 1), 1-8-2024)

5-5-1

Urbanized area location. The parcels intended for this rezoning must be solely contained within the boundaries of the Dalton Urbanized Area as defined by the United States Census Bureau using the most recent decennial census data. The parcels may also be outside the Dalton Urbanized Area but within the interior boundary formed by I-75 and the portion of Georgia State Route 3 sometimes known as the North/South Bypass. These areas are depicted in the map attached as Exhibit F.

5-5-2

Architectural design. All structures shall conform with the architectural design standards included in appendix 5-A of this zoning district description.

5-5-3

Green space requirement. Green space shall be not less than 20 percent of the total designated residential area not counting public or private streets, driveways, alleys or parking areas.

5-5-4

Density.

(a)

The net dwelling unit density for the designated residential area shall be submitted as part of the unified rezoning application and shall be clearly depicted on the site plan. Once approved by the applicable governing authority, it shall not be altered without repeating the process for initial approval.

(b)

The approved dwelling unit density shall be placed upon the official zoning map along with the urban PUD district.

5-5-5

Buffer. All buffers and screening shall be as approved by the planning commission and shall be shown upon the approved site plan. A ten-foot minimum natural or landscaped buffer, of which at least five feet shall be a vegetative buffer, shall be provided along the property line where a designated residential development abuts and exterior boundary of the U-PUD adjacent to a residential zoning district, including portions of streets (opened or unopened), unless an alternate buffer of equal or better protection is provided by the developer and approved by the applicable governing authority.

A ten-foot minimum natural or landscaped buffer, of which at least five feet shall be a vegetative buffer, shall be provided between designated residential development and nonresidential uses within the U-PUD, excluding portions abutting a street right-of-way. Such buffer is to be maintained as part of the common open area for the development.

5-5-6

Driveways. The proposed driveway layout shall be depicted on the site plan and must be approved by the applicable governing authority. Absent extraordinary circumstances, one driveway per habitable structure shall be provided.

5-5-7

Road or streets, public or private. Roads or streets shall be built to a standard approved by the applicable governing authority.

5-5-8

Minimum building setbacks. Minimum building setbacks shall conform with minimum requirements as set forth in the adopted international building/residential codes.

5-5-9

Spacing of buildings. The minimum spacing between multifamily buildings (defined as triplex or greater) shall be not less than ten feet; provided, however, where the front of a building faces the rear of a building the space between the front and rear of such building shall be not less than 30 feet.

5-5-10

Parking. A site-specific parking plan shall be included as part of the submittal for review by the applicable governing authority. Parking requirements may be met with a combination of on- and off-street parking. On-street parking shall not count toward minimum public road, street or alley width.

5-5-11

Preservation of common area. The developer or homeowner's association established by the developer, by recorded deeds, plats, covenants and restrictions running with the land, shall preserve and maintain for the owners and occupants of the units all infrastructure of the development; in addition to the land set aside for open space, parks or recreational use, and common off-street parking spaces established for the development unless such responsibility shall be legally assumed by a unit of government.

5-5-12

Utilities. All utilities serving the development shall be located underground. Access to water/sewer mains shall be determined jointly by Dalton Utilities and the applicable public works department.

(Ord. No. 24-02, § 2(Att. 1), 1-8-2024)