- AGRICULTURAL AND CONVENTIONAL RESIDENTIAL ZONING DISTRICTS4
Editor's note—Ord. No. 694, § 1(Exh. A), adopted June 1, 2023 repealed and readopted Article 6 to read as set out herein. Former Article 6, §§ 6.1—6.5 pertained to similar subject matter and derived from Ord. No. 348-11, § 9, adopted Nov. 18, 2010 and Ord. No. 657, § 1(Exh. A), adopted Dec. 16, 2021.
(a)
Purpose and Description. The Agricultural District is established to maintain those areas within the City of Flowery Branch that are not intended to convert to urban or suburban development in the short term.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12 and 40 of this Zoning Ordinance.
(Ord. No. 694, § 1(Exh. A), 6-1-2023)
(a)
Purpose and Description. This zoning district is established to accommodate single-family residences at low suburban densities and to protect the future development of land in accordance with the comprehensive plan. This district consists predominantly of detached single-family dwellings (site built or modular) and is intended to implement the "suburban residential" character area established in the comprehensive plan. The regulations that apply to the R-1 district are designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12 and 40 of this Zoning Ordinance.
(Ord. No. 694, § 1(Exh. A), 6-1-2023)
(a)
Purpose and Description. This zoning district is established to accommodate single-family residences at moderate suburban densities and to protect the future development of land in accordance with the comprehensive plan. This district consists of detached single-family dwellings (site built or modular) and is intended to implement the "suburban residential" character area established in the comprehensive plan. The regulations that apply to the R-2 district are designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12 and 40 of this Zoning Ordinance.
(Ord. No. 694, § 1(Exh. A), 6-1-2023)
(a)
Purpose and Description. This zoning district is intended exclusively for the placement of manufactured homes in manufactured home parks and for the development of land in accordance with the comprehensive plan. This district is also intended to implement the implement the "urban density community" character area established in the comprehensive plan, as it pertains to existing manufactured home park use. The regulations that apply to the MHP district are designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts." Dimensional requirements such as specifications for manufactured home spaces shall be as designated on an approved site plan.
(d)
Limitations on Rezoning. There shall be no rezoning to the MHP zoning district, unless it is contiguous to an existing MHP zoning district, or unless it is designated MHP at the time of annexation into the city limits.
(e)
Design Requirements. See Articles 10 and 40 of this Zoning Ordinance.
(a)
Purpose and Description. This zoning district is intended exclusively for the development and construction of single-family attached townhomes in accordance with the comprehensive plan. This district is also intended to implement the "urban density community" character area established in the comprehensive plan. The regulations that apply to the SF-TH district are designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12, and 40 of this Zoning Ordinance.
(Ord. No. 733, § 1(Exh. A), 3-20-2025)
(a)
Purpose and Description. This zoning district is intended to implement the "multi-unit-family residential" designation of the future land use plan contained within the comprehensive plan of the City of Flowery Branch. It is also intended to implement the "urban density communities" character area established in the comprehensive plan.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12, and 40 of this Zoning Ordinance,
(e)
Parking Requirements. See Article 21.
(Ord. No. 733, § 1(Exh. A), 3-20-2025)
_____
Table 6.1
Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning
Districts
(P = Permitted Use C = Conditional Use X = Prohibited)
Table 6.2
Dimensional Requirements for Agricultural and Conventional Residential Zoning Districts
*Density shall be calculated per the definition of Net Density in Article 2 - Section 2.2.
(1) Where an on-site sewage system is used, minimum lot size requirements of the Hall County Environmental Health Department shall be required and may exceed these minimums.
(Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 733, § 1(Exh. A), 3-20-2025; Ord. No. 735, § 1(Exh. A), 4-3-2025)
_____
(a)
Purpose. Legacy Zoning Districts were classifications under previous zoning ordinances that no longer align with current zoning practices or standards. These categories serve several purposes and reflect specific intents.
(b)
Applicability. Properties zoned in legacy districts remain subject to the regulations of those districts and any additional applicable regulations imposed thereafter until such time as the properties are rezoned in accordance with law.
(c)
The following districts are referred to as legacy districts. The Official Zoning Map may continue to show these districts which were designated under the former Zoning Ordinance, but no new legacy district areas may be added to the Official Zoning Map, nor may any boundary of an existing legacy district be expanded. No property within the city limits may be rezoned to a legacy district.
1)
R-3, Residential Multi-Family District. The purpose of the Legacy Residential Multi-Family District was to recognize multi-family Zones established for which a category is shown on the official Zoning Map. The purpose of the Residential Multi-Family District was intended to provide for higher density residential development and related uses and to protect the future development of land in accordance with the comprehensive plan. This district consists predominantly of multi-family residences (apartment complexes and townhouses), two-family residences, and detached single-family dwellings (site built or modular) and was intended to implement the "urban density community" character area established in the comprehensive plan. The regulations that apply to the R-3 district were designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents. The permitted and conditional uses in R-3 are shown in Table L.1 and the dimensional requirements are shown in Table L.2.
2)
PUD, Planned Unit Development District. The purpose of the Legacy Planned Unit Development District was to recognize Planned Unit Development Zones established for which a category is shown on the official Zoning Map. The purpose of the Planned Unit Development District was intended to implement certain residential and mixed-use developments in a way that meets objectives that could not necessarily be accomplished by conventional residential zoning districts. It was specifically intended to primarily implement the "suburban residential" character area established in the comprehensive plan but may also be have been used to implement the "urban density community," "mixed use—neighborhood," and "activity center" character areas.
Table L.l
Permitted and Conditional Uses in Legacy District R-3
(P = Permitted Use C = Conditional Use X = Prohibited)
Table L.2
Dimensional Requirements for Legacy District R-3
(1)
Where on on-site sewage system is used, minimum lot size requirements of the Hall County Environmental Health Department shall be required and may exceed these minimums.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
The Planned Unit Development District was intended to meet the following objectives:
(a)
Allow and encourage more unique, flexible, creative, and imaginative arrangements and mixes of land uses in site planning and development than are permitted through conventional land use requirements.
(b)
Encourage a broader mix of residential housing types, including detached and attached dwellings, than would normally be constructed in conventional subdivisions.
(c)
Allow and encourage the development of tracts of land as single developments that are planned neighborhoods or communities, including civic and semi-public uses (e.g., schools, playgrounds, meeting halls, etc.) that help to make up a community.
(d)
Preserve the natural amenities of the land through maintenance of conservation areas and open spaces within developments.
(e)
Provide for the more efficient use of land through clustering and other flexible, innovative development arrangements that will result in smaller networks of utilities and streets and thereby lower development and housing costs.
(f)
Provide a more desirable living environment than would be possible through the strict application of conventional residential zoning requirements.
(g)
Establish application requirements that are more rigorous than rezoning applications and conditional use permits but no more onerous than necessary to enable thorough analyses.
(h)
Ensure that the design of building forms is interrelated and architecturally harmonious.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
Permitted uses were to be proposed by an applicant for rezoning to PUD and were limited to those uses approved by the Governing Body; provided, however, that the following applied when the site proposed to be rezoned and developed was designated as "suburban residential" on the adopted future development map of the City of Flowery Branch:
(a)
At least twenty (20) percent of the total area of the planned unit development shall be conservation, open space, and/or landscaped area.
(b)
At least seventy (70) percent of the units proposed and approved as part of the planned community development shall be detached, single-family dwellings.
In the case of a PUD zoning district that was already developed or partially developed on the effective date of this zoning ordinance, said development should continue to be governed by the conditions of zoning, site or development plan approval, architectural elevations, approved mixes of uses, and any other development-specific stipulations of the original PUD approval, until or unless otherwise amended by the Governing Body, and the land use parameters described in this Section shall not apply to such prior PUD zoning district approvals by the Governing Body. Provided however, that whenever a particular site within a PUD references uses permitted in other zoning districts in the zoning ordinance, such references shall be interpreted to apply to the permissible uses of the referenced zoning district at the time of the application for development of the particular site regardless of the time of the PUD approval.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
Amendments to approved PUDs shall be permitted but governed by the procedures and provisions for changing the official zoning map as specified in Article 34 of this zoning ordinance, and any amendments shall require type 2 design plan review and approval unless waived by the Zoning Administrator in cases where design plan approval would not be warranted given the nature of the amendment proposed.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
No building permit or certificate of occupancy shall be issued for a building, structure, or use, nor shall any excavation, grading, or land disturbance applications be approved, for any PUD that has not been approved in accordance with the provisions of this Article. The Zoning Administrator shall authorize the issuance of building permits for buildings and structures in the area covered by the approved PUD only if they are in conformity with the approved PUD, after improvements are installed in accordance with applicable improvement requirements, and if found to be in conformance with all other applicable regulations. The Zoning Administrator shall authorize the issuance of a certificate of occupancy for any completed building, structure, or use located in the area covered by the PUD only if it conforms to the requirements of the approved PUD and all other applicable regulations. After completion of a PUD, the use of land and construction, modification, or alteration of any buildings, structures, or uses within the area covered by the PUD shall continue to be regulated by the approved development plan, architectural elevations, conditions of zoning approval, and any other specifications for the PUD.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
- AGRICULTURAL AND CONVENTIONAL RESIDENTIAL ZONING DISTRICTS4
Editor's note—Ord. No. 694, § 1(Exh. A), adopted June 1, 2023 repealed and readopted Article 6 to read as set out herein. Former Article 6, §§ 6.1—6.5 pertained to similar subject matter and derived from Ord. No. 348-11, § 9, adopted Nov. 18, 2010 and Ord. No. 657, § 1(Exh. A), adopted Dec. 16, 2021.
(a)
Purpose and Description. The Agricultural District is established to maintain those areas within the City of Flowery Branch that are not intended to convert to urban or suburban development in the short term.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12 and 40 of this Zoning Ordinance.
(Ord. No. 694, § 1(Exh. A), 6-1-2023)
(a)
Purpose and Description. This zoning district is established to accommodate single-family residences at low suburban densities and to protect the future development of land in accordance with the comprehensive plan. This district consists predominantly of detached single-family dwellings (site built or modular) and is intended to implement the "suburban residential" character area established in the comprehensive plan. The regulations that apply to the R-1 district are designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12 and 40 of this Zoning Ordinance.
(Ord. No. 694, § 1(Exh. A), 6-1-2023)
(a)
Purpose and Description. This zoning district is established to accommodate single-family residences at moderate suburban densities and to protect the future development of land in accordance with the comprehensive plan. This district consists of detached single-family dwellings (site built or modular) and is intended to implement the "suburban residential" character area established in the comprehensive plan. The regulations that apply to the R-2 district are designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12 and 40 of this Zoning Ordinance.
(Ord. No. 694, § 1(Exh. A), 6-1-2023)
(a)
Purpose and Description. This zoning district is intended exclusively for the placement of manufactured homes in manufactured home parks and for the development of land in accordance with the comprehensive plan. This district is also intended to implement the implement the "urban density community" character area established in the comprehensive plan, as it pertains to existing manufactured home park use. The regulations that apply to the MHP district are designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts." Dimensional requirements such as specifications for manufactured home spaces shall be as designated on an approved site plan.
(d)
Limitations on Rezoning. There shall be no rezoning to the MHP zoning district, unless it is contiguous to an existing MHP zoning district, or unless it is designated MHP at the time of annexation into the city limits.
(e)
Design Requirements. See Articles 10 and 40 of this Zoning Ordinance.
(a)
Purpose and Description. This zoning district is intended exclusively for the development and construction of single-family attached townhomes in accordance with the comprehensive plan. This district is also intended to implement the "urban density community" character area established in the comprehensive plan. The regulations that apply to the SF-TH district are designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12, and 40 of this Zoning Ordinance.
(Ord. No. 733, § 1(Exh. A), 3-20-2025)
(a)
Purpose and Description. This zoning district is intended to implement the "multi-unit-family residential" designation of the future land use plan contained within the comprehensive plan of the City of Flowery Branch. It is also intended to implement the "urban density communities" character area established in the comprehensive plan.
(b)
Permitted and Conditional Uses. Permitted and conditional uses shall be as provided in Table 6.1, "Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning Districts."
(c)
Dimensional Requirements. Dimensional requirements shall be as provided in Table 6.2, "Dimensional Requirements in Agricultural and Conventional Residential Zoning Districts."
(d)
Design Requirements. See Articles 10, 12, and 40 of this Zoning Ordinance,
(e)
Parking Requirements. See Article 21.
(Ord. No. 733, § 1(Exh. A), 3-20-2025)
_____
Table 6.1
Permitted and Conditional Uses in Agricultural and Conventional Residential Zoning
Districts
(P = Permitted Use C = Conditional Use X = Prohibited)
Table 6.2
Dimensional Requirements for Agricultural and Conventional Residential Zoning Districts
*Density shall be calculated per the definition of Net Density in Article 2 - Section 2.2.
(1) Where an on-site sewage system is used, minimum lot size requirements of the Hall County Environmental Health Department shall be required and may exceed these minimums.
(Ord. No. 694, § 1(Exh. A), 6-1-2023; Ord. No. 733, § 1(Exh. A), 3-20-2025; Ord. No. 735, § 1(Exh. A), 4-3-2025)
_____
(a)
Purpose. Legacy Zoning Districts were classifications under previous zoning ordinances that no longer align with current zoning practices or standards. These categories serve several purposes and reflect specific intents.
(b)
Applicability. Properties zoned in legacy districts remain subject to the regulations of those districts and any additional applicable regulations imposed thereafter until such time as the properties are rezoned in accordance with law.
(c)
The following districts are referred to as legacy districts. The Official Zoning Map may continue to show these districts which were designated under the former Zoning Ordinance, but no new legacy district areas may be added to the Official Zoning Map, nor may any boundary of an existing legacy district be expanded. No property within the city limits may be rezoned to a legacy district.
1)
R-3, Residential Multi-Family District. The purpose of the Legacy Residential Multi-Family District was to recognize multi-family Zones established for which a category is shown on the official Zoning Map. The purpose of the Residential Multi-Family District was intended to provide for higher density residential development and related uses and to protect the future development of land in accordance with the comprehensive plan. This district consists predominantly of multi-family residences (apartment complexes and townhouses), two-family residences, and detached single-family dwellings (site built or modular) and was intended to implement the "urban density community" character area established in the comprehensive plan. The regulations that apply to the R-3 district were designed to encourage the formation and continuance of a stable, healthy, and attractive living environment for its residents. The permitted and conditional uses in R-3 are shown in Table L.1 and the dimensional requirements are shown in Table L.2.
2)
PUD, Planned Unit Development District. The purpose of the Legacy Planned Unit Development District was to recognize Planned Unit Development Zones established for which a category is shown on the official Zoning Map. The purpose of the Planned Unit Development District was intended to implement certain residential and mixed-use developments in a way that meets objectives that could not necessarily be accomplished by conventional residential zoning districts. It was specifically intended to primarily implement the "suburban residential" character area established in the comprehensive plan but may also be have been used to implement the "urban density community," "mixed use—neighborhood," and "activity center" character areas.
Table L.l
Permitted and Conditional Uses in Legacy District R-3
(P = Permitted Use C = Conditional Use X = Prohibited)
Table L.2
Dimensional Requirements for Legacy District R-3
(1)
Where on on-site sewage system is used, minimum lot size requirements of the Hall County Environmental Health Department shall be required and may exceed these minimums.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
The Planned Unit Development District was intended to meet the following objectives:
(a)
Allow and encourage more unique, flexible, creative, and imaginative arrangements and mixes of land uses in site planning and development than are permitted through conventional land use requirements.
(b)
Encourage a broader mix of residential housing types, including detached and attached dwellings, than would normally be constructed in conventional subdivisions.
(c)
Allow and encourage the development of tracts of land as single developments that are planned neighborhoods or communities, including civic and semi-public uses (e.g., schools, playgrounds, meeting halls, etc.) that help to make up a community.
(d)
Preserve the natural amenities of the land through maintenance of conservation areas and open spaces within developments.
(e)
Provide for the more efficient use of land through clustering and other flexible, innovative development arrangements that will result in smaller networks of utilities and streets and thereby lower development and housing costs.
(f)
Provide a more desirable living environment than would be possible through the strict application of conventional residential zoning requirements.
(g)
Establish application requirements that are more rigorous than rezoning applications and conditional use permits but no more onerous than necessary to enable thorough analyses.
(h)
Ensure that the design of building forms is interrelated and architecturally harmonious.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
Permitted uses were to be proposed by an applicant for rezoning to PUD and were limited to those uses approved by the Governing Body; provided, however, that the following applied when the site proposed to be rezoned and developed was designated as "suburban residential" on the adopted future development map of the City of Flowery Branch:
(a)
At least twenty (20) percent of the total area of the planned unit development shall be conservation, open space, and/or landscaped area.
(b)
At least seventy (70) percent of the units proposed and approved as part of the planned community development shall be detached, single-family dwellings.
In the case of a PUD zoning district that was already developed or partially developed on the effective date of this zoning ordinance, said development should continue to be governed by the conditions of zoning, site or development plan approval, architectural elevations, approved mixes of uses, and any other development-specific stipulations of the original PUD approval, until or unless otherwise amended by the Governing Body, and the land use parameters described in this Section shall not apply to such prior PUD zoning district approvals by the Governing Body. Provided however, that whenever a particular site within a PUD references uses permitted in other zoning districts in the zoning ordinance, such references shall be interpreted to apply to the permissible uses of the referenced zoning district at the time of the application for development of the particular site regardless of the time of the PUD approval.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
Amendments to approved PUDs shall be permitted but governed by the procedures and provisions for changing the official zoning map as specified in Article 34 of this zoning ordinance, and any amendments shall require type 2 design plan review and approval unless waived by the Zoning Administrator in cases where design plan approval would not be warranted given the nature of the amendment proposed.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)
No building permit or certificate of occupancy shall be issued for a building, structure, or use, nor shall any excavation, grading, or land disturbance applications be approved, for any PUD that has not been approved in accordance with the provisions of this Article. The Zoning Administrator shall authorize the issuance of building permits for buildings and structures in the area covered by the approved PUD only if they are in conformity with the approved PUD, after improvements are installed in accordance with applicable improvement requirements, and if found to be in conformance with all other applicable regulations. The Zoning Administrator shall authorize the issuance of a certificate of occupancy for any completed building, structure, or use located in the area covered by the PUD only if it conforms to the requirements of the approved PUD and all other applicable regulations. After completion of a PUD, the use of land and construction, modification, or alteration of any buildings, structures, or uses within the area covered by the PUD shall continue to be regulated by the approved development plan, architectural elevations, conditions of zoning approval, and any other specifications for the PUD.
(Ord. No. 732, § 1(Exh. A), 3-6-2025)