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Flowery Branch City Zoning Code

ARTICLE 6

- AGRICULTURAL AND CONVENTIONAL RESIDENTIAL ZONING DISTRICTS4


Footnotes:
--- (4) ---

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 A), adopted June 1, 2023 repealed and readopted Article 6 to read as set out herein.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.


Sec. 6.1.- A, Agricultural District.

(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)

Sec. 6.2. - R-1, Residential, Detached Single-Family, Low-Density District.

(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)

Sec. 6.3. - R-2, Residential, Detached Single-Family.

(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)

Sec. 6.4. - MHP, Manufactured Home Park District.

(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.

Sec. 6.5. - SF-TH, Single-Family Attached Townhome District.

(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)

Sec. 6.6. - RMU Residential Multi-Unit.

(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)

UseAR-1R-2MHPSF-THRMU
Accessory apartment, attached X X C X X C
Accessory apartment, detached X C C X X C
Accessory building, structure, or use P P P P X P
Agriculture, production of field crops, fruits, nuts, and vegetables P P X X X X
Agriculture, raising of poultry or livestock P C X X X X
Cemetery P C C X X X
Church, temple, synagogue, or place of worship, including specified accessory uses (see Sec. 14.3) (Ord. 348-11) C C C X X X
Club or lodge, nonprofit, sponsored by a civic or similar organization C C C X X C
Community recreation P P P P P P
Conservation areas and passive recreational facilities P P P P P P
Conservation subdivision C C P P X X
Construction field office (temporary use) X X P P P P
Dwelling, single-family detached, fee-simple P P P X P X
Dwellings, single-family detached, condominium X X X X P X
Dwelling, townhouse (single-family attached, fee-simple) X X X X P X
Dwelling, two-family (duplex); three-family (tri-plex) X X X X P X
Dwelling, multi-family (apartment, attached residential condominium) X X X X X C
Garden, non-commercial, accessory to single-family detached dwelling P P P X X X
Golf course P P P X P C
Guest house (accessory building/use) P P P X X X
Home occupation (Office Use Only) P P P P P P
Horse stables, non-commercial, as accessory to single-family residential use P C X X X X
Leasing or sales office for a subdivision or residential development (accessory or principal use) P P P P P P
Manufactured home, Class A C X X P X X
Model home for single-family subdivision or townhomes (temporary) P P P X P X
Public or semi-public use P P P X P P
School, private, elementary, middle, or high (Ord. 348-11) C C X X X X
School, special C X X X X X
Temporary use P P P X P P

 

Table 6.2
Dimensional Requirements for Agricultural and Conventional Residential Zoning Districts

Requirement (measurement unit)AR-1R-2MHPSF-THRMU
Maximum height (feet) 75 35 35 35 35 55
Maximum height (number of stories) 3 3 3 1 3 3 stories on slab; 3-4 split on a basement construction. Front elevation 3 story.
Maximum density (Net) 0.333* 2.18* 4* 4* 6* 10*
Minimum lot size for detached single-family dwelling (square feet) (1) 130,680 20,000 15,000 10,000 6,700 N/A
Minimum lot size for attached townhome, duplex and triplex (square feet) (1) N/A N/A N/A N/A 3,500 N/A
Minimum lot size for other uses (square feet) (1) 130,680 43,560 15,000 10,000 10,000 10,000
Minimum lot width for detached single-family. (square feet) (1) 200 90 75 50 40 N/A
Minimum unit width (feet) for single-family attached townhomes, duplex and tri-plex. N/A N/A N/A N/A 24 wide with rear entry garage; 26 wide with front entry garage. N/A
Minimum heated floor area per dwelling unit (square feet) 2,500 2,200 2,000 1,000 1,500 1,000
Minimum front yard setback from lot line, all principal buildings, (feet) 80 35 25 25 25 (0 if dwellings are alley accessed with rear entry garages) 25
Minimum side setback, interior lot line, all principal buildings (feet) 25 25 15 20 10 (min. 20 between buildings) 20 (min. 10 between buildings)
Minimum side setback, corner lot, all principal buildings (feet) 60 35 25 20 10 20
Minimum rear setback, all principal buildings (feet) 35 25 20 20 20; minimum distance of 25' from garage to sidewalk or back of curb for rear entry garages. 20
Minimum setback, all principal or accessory buildings and structures abutting residential Side and rear setbacks shall apply 50 50 100 50 50
Minimum width of natural buffer abutting residential None 40 35 50
Minimum landscape strip required along rights-of-way for any nonresidential use if permitted (width in feet) 15 15 10 10 20 20
Minimum landscape strip required along rights-of-way for any apartment or condominium (residential multi-unit) use (width in feet) N/A N/A N/A N/A N/A 20
Minimum landscape strip required alongside property lines for any nonresidential use if permitted (width in feet) 5 5 5 5 5 5
Maximum coverage of principal and accessory buildings (percent of lot) 25 25 35 50 75 50
Minimum landscaped open space, all principal uses except detached, single-family residential lots (percent) 20 20 15 15 15 20

 

*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)

_____

Sec. 6.7. - Legacy Zoning Districts.

(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)

Use R-3
Accessory apartment, attached C
Accessory apartment, detached C
Accessory building, structure, or use P
Agriculture, production of field crops, fruits, nuts, and vegetables X
Agriculture, raising of poultry or livestock X
Cemetery X
Church, temple, synagogue, or place of worship, including specified accessory uses (See Sec. 14.3) C
Club or lodge, nonprofit, sponsored by a civic or similar organization C
Community recreation P
Conservation areas and passive recreational facilities P
Conservation subdivision P
Construction field office (temporary use) P
Dwelling, single-family detached, fee-simple P
Dwellings, single-family detached, condominium P
Dwelling, townhouse (single-family attached, fee-simple) P
Dwelling, two-family (duplex) P
Dwelling, multi-family (apartment, attached residential condominium) P
Garden, non-commercial, accessory to single-family detached dwelling X
Golf course X
Greenhouse, non-commercial, accessory to single-family detached dwelling C
Guest house (accessory building/use) P
Home occupation, including family day care home P
Horse stables, non-commercial, as accessory to single-family residential use X
Institutional residential living and care facility, serving no more than 17 persons C
Institutional residential living and care facility, serving 18 persons or more C
Leasing or sales office for a subdivision or residential development (accessory or principal use) P
Manufactured home, Class A C
Manufactured home, other than Class A X
Model home for single-family subdivision (temporary) P
Public or semi-public use P
School, private, elementary, middle, or high C
School, public P
School, special C
Temporary use P
Zero lot line housing C

 

Table L.2
Dimensional Requirements for Legacy District R-3

Requirement (measurement unit) R-3
Maximum height (feet) 45
Maximum height (number of stories) 3
Maximum density (units per acre) 12
Minimum lot size for detached single-family dwelling (square feet) (1) 10,000
Minimum lot size for two-family dwelling (square feet) (1) 20,000
Minimum lot size for other uses (square feet) (1) 10,000
Minimum lot width (feet) 50
Minimum heated floor area per dwelling unit (square feet) 1,000
Minimum heated floor area per dwelling unit, ground floor of a dwelling (square feet) 750
Minimum front yard setback from lot line, all principal buildings feet) 25
Minimum side setback, interior lot line, all principal buildings (feet) 10
Minimum side setback, comer lot, all principal buildings (feet) 25
Minimum rear setback, all principal buildings (feet) 20
Minimum setback, all principal or accessory buildings and structures abutting an R-1, R-2, or R-3 district (feet)
Minimum width of natural buffer abutting R-1, R-2, or R-3 district (feet) 40
Minimum landscape strip required along rights-of-way for any nonresidential use if permitted (width in feet) 20
Minimum landscape strip required along rights-of-way for any apartment or condominium (multi-family residential) use (width in feet) 20
Minimum landscape strip required alongside property lines for any nonresidential use if permitted (width in feet) 5
Maximum coverage of principal and accessory buildings (percent of lot) 40
Minimum landscaped open space, all principal uses except detached, single-family residential lots (percent) 15

 

(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)

Sec. 6.8. - Objectives of PUD Legacy District.

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)

Sec. 6.9. - Permitted Uses in PUD Legacy Districts.

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)

Sec. 6.10. - Amendments to PUD Legacy Districts.

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)

Sec. 6.11. - Permits and Certificates in PUD Legacy Districts.

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)