4.1.1. Intent

The V-C district is intended for areas around Lake Lanier to be utilized and reserved for agricultural, residential, and compatible recreational purposes.

4.1.2. Uses

As defined in Article 7 (Use Provisions), Sec. 7.2 (Allowed Use Table).

4.1.3. Dimensional Standards

See Table 4.1.1 for district standards and Sec. 2.1 (Measurements and Exceptions) for additional requirements.

Table 4.1.1. V-C Dimensional Standards

4.1.4. Overlay Compliance

See Article 6 (Special and Overlay Districts) for additional or alternative standards which may be applicable in overlay districts.

4.1.5. Other Standards

See Article 2 (Rules Common to All Districts) and Article 7 (Use Provisions) and Article 8 (Site Development) for additional standards which may be applicable.

4.2.1. Intent

The R-1-L district is to be utilized and reserved for low-density residential purposes on larger lots.

4.2.2. Uses

As defined in Article 7 (Use Provisions), Sec. 7.2 (Allowed Use Table).

4.2.3. Dimensional Standards

See Table 4.1.1 for district standards and Sec. 2.1 (Measurements and Exceptions) for additional requirements.

Table 4.2.1. R-1-L Dimensional Standards

4.2.4. Overlay Compliance

See Article 6 (Special and Overlay Districts) for additional or alternative standards which may be applicable in overlay districts.

4.2.5. Other Standards

See Article 2 (Rules Common to All Districts) and Article 7 (Use Provisions) and Article 8 (Site Development) for additional standards which may be applicable.

4.3.1. Intent

The R-1 district is to be utilized and reserved for low-density single-family residential and agricultural purposes on medium sized lots.

4.3.2. Uses

As defined in Article 7 (Use Provisions), Sec. 7.2 (Allowed Use Table).

4.3.3. Dimensional Standards

See Table 4.3.1 for district standards and Sec. 2.1 (Measurements and Exceptions) for additional requirements.

Table 4.3.1. R-1 Dimensional Standards

4.3.4. Overlay Compliance

See Article 6 (Special and Overlay Districts) for additional or alternative standards which may be applicable in overlay districts.

4.3.5. Other Standards

See Article 2 (Rules Common to All Districts) and Article 7 (Use Provisions) and Article 8 (Site Development) for additional standards which may be applicable.

4.4.1. Intent

The R-TF district is to be utilized and reserved for medium-density residential and agricultural purposes on medium sized lots.

4.4.2. Uses

As defined in Article 7 (Use Provisions), Sec. 7.2 (Allowed Use Table).

4.4.3. Dimensional Standards

See Table 4.4.1 for district standards and Sec. 2.1 (Measurements and Exceptions) for additional requirements.

Table 4.4.1. R-TF Dimensional Standards

4.4.4. Overlay Compliance

See Article 6 (Special and Overlay Districts) for additional or alternative standards which may be applicable in overlay districts.

4.4.5. Other Standards

See Article 2 (Rules Common to All Districts) and Article 7 (Use Provisions) and Article 8 (Site Development) for additional standards which may be applicable.

4.5.1. Intent

The R-X district is to be utilized and reserved for a mix of residential housing types in areas served by public water and sewer and with direct access to local streets, collector streets, major streets or state highways. The district allows flexibility of design in spacing and placement of dwellings interior to a development while protecting surrounding properties.

4.5.2. Uses

As defined in Article 7 (Use Provisions), Sec. 7.2 (Allowed Use Table).

4.5.3. Dimensional Standards

See Table 4.5.1 for district standards and Sec. 2.1 (Measurements and Exceptions) for additional requirements.

Table 4.5.1. R-X Dimensional Standards

4.5.4. Open Space

See Sec. 8.5 for open space standards.

4.5.5. Development Standards

The following standards apply to all properties zoned R-X:

A.

Residential Requirements

1.

The following housing types are permitted in the R-X district:

a.

Single-family dwellings

b.

Two-family dwellings

c.

Townhouses

d.

Carriage House

e.

Accessory Dwelling Units

f.

Guest House

g.

Cottage Courts

2.

All developments must provide at least two different housing types, except for Cottage Courts which may be permitted as a single use.

3.

When only two housing types are provided, no single housing type may represent less than 20% of the total dwelling units in a development, except as provided in Sec. 4.5.5.A.2.

4.

When more than two housing types are selected, no single housing type may represent less than 10% of the total dwelling units in a development, except as provided in Sec. 4.5.5.A.2.

5.

Cottage Courts, Townhouses, and Accessory Dwelling Units must meet the additional standards found in Sec. 7.3.1.

4.5.6. Overlay Compliance

See Article 6 (Special and Overlay Districts) for additional or alternative standards which may be applicable in overlay districts.

4.5.7. Other Standards

See Article 2 (Rules Common to All Districts) and Article 7 (Use Provisions) and Article 8 (Site Development) for additional standards which may be applicable.

4.6.1. Intent

The R-MF district is to be utilized and reserved for medium and high-density residential on large sized lots.

4.6.2. Uses

As defined in Article 7 (Use Provisions), Sec. 7.2 (Allowed Use Table).

4.6.3. Dimensional Standards

See Table 4.6.1 for district standards and Sec. 2.1 (Measurements and Exceptions) for additional requirements.

Table 4.6.1. R-MF Dimensional Standards

4.6.4. Open Space

See Sec. 8.5 for open space standards.

4.6.5. Overlay Compliance

See Article 6 (Special and Overlay Districts) for additional or alternative standards which may be applicable in overlay districts.

4.6.6. Other Standards

See Article 2 (Rules Common to All Districts) and Article 7 (Use Provisions) and Article 8 (Site Development) for additional standards which may be applicable.

4.7.1. Intent

The MHP district is to be utilized and reserved for residential developments consisting of more than one manufactured home on a single lot.

4.7.2. Uses

As defined in Article 7 (Use Provisions), Sec. 7.2 (Allowed Use Table).

4.7.3. Dimensional Standards

See Table 4.7.1 for district standards and Sec. 2.1 (Measurements and Exceptions) for additional requirements.

Table 4.7.1. MHP Dimensional Standards

4.7.4. Development Standards

The following development standards apply to all properties zoned MHP.

A.

Site Design

1.

Individual spaces within the park must be at least 8,000 square feet in area if separate individual sewage disposal facilities are located within the bounds of the manufactured home space. In cases where shared or central sewage disposal facilities are utilized, the individual space size may be reduced to 6,000 square feet.

2.

The front setback for each manufactured home must be at least 25 feet from the front line of the individual space.

3.

Manufactured homes must be separated from other buildings and structures by at least 25 feet.

4.

All manufactured home spaces must front upon an interior driveway. All interior driveways may have a width of at least 30 feet and have unobstructed access to a public street or highway.

5.

All interior streets within the park must be graded, based, and paved in accordance with the typical cross section as approved by the county engineer. If a proposed street is to be greater than 300 feet in length, a plan profile for the road system must be submitted along with the site plan for review by the county engineer.

6.

The park street system must be lit and adequately maintained by the owner. The lighting units must be spaced and equipped to provide for the safe movement of pedestrians and vehicle traffic at night, subject to approval by the Director.

7.

Parks designed to accommodate more than 25 manufactured homes must provide one or more recreation areas. The size of the recreation area must be at least 100 square feet for each manufactured home space. Recreation areas must be located as to be free of traffic hazards and should, where topography permits, be centrally located.

a.

If a swimming pool is developed or planned as a part of the park, the facility must be enclosed by fence at least four feet high. Fences must include a self-latching or self-closing gate.

8.

All park grounds must be maintained with grass, trees, and shrubs.

B.

Community Service Facilities

1.

Community service facilities may be permitted for the convenience and well-being of park residents. Such structures include, but are not limited to, the following:

a.

Park management offices, repair shops, and storage.

b.

Community sanitary facilities.

c.

Community laundry facilities.

d.

Community postal facilities.

e.

Indoor community recreation facilities.

f.

Commercial facilities of 1,000 square feet or less supplying essential goods or services for the use of park residents. Such facilities should be centrally located and may not be erected along the boundary of the park.

C.

Utilities

Every park must have a public, community or private water and sewer system, approved by the county Health Department and the local water department when appropriate. Water and sewer approval must be obtained prior to submission of a site plan to the Planning Commission.

D.

Restrictions

No individual lot in any park may be sold or control of that lot transferred with the intent or effect of a sale unless that lot and park meet all requirements of the county subdivision regulations and the park owner holds a valid subdivision recording permit.

4.7.5. Overlay Compliance

See Article 6 (Special and Overlay Districts) for additional or alternative standards which may be applicable in overlay districts.

4.7.6. Other Standards

See Article 2 (Rules Common to All Districts) and Article 7 (Use Provisions) and Article 8 (Site Development) for additional standards which may be applicable.

4.8.1. Intent

The CS district is designed to allow for the development of subdivisions that cluster development and provide for preservation of natural resources or open space as an alternative to conventional subdivision development. This section is specifically intended to:

A.

Provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure;

B.

Provide a residential development option that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land;

C.

Preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat;

D.

Permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development;

E.

Reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development;

F.

Promote interconnected greenways and corridors throughout the community;

G.

Promote contiguous greenspace with adjacent jurisdictions;

H.

Encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood;

I.

Encourage street designs that reduce traffic speeds and reliance on main arteries;

J.

Promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles;

K.

Conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to open space; and

L.

Preserve important historic and archaeological sites.

4.8.2. Applicability of Regulations

The CS district is available as an alternative for the development of subdivisions that are served by public sewer or an approved private sewer system as provided for in Chapters 13.20 and 13.30 of Title 13 of the Official Code of Hall County, Georgia, and as permitted according to Sec. 7.2 (Allowed Use Table). The applicant must comply with all other provisions of this UDC and all other applicable laws, except those that are incompatible with the provisions contained in this Sec 4.8.

4.8.3. Ownership of Development Site

The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, the site must be developed according to a single plan with common authority and common responsibility.

4.8.4. Maximum Yield and Housing Density

A.

The maximum yield is the total number of lots on which dwelling units may be constructed. The maximum yield is determined by dividing the total area to be subdivided by the minimum lot area specified in this UDC for the zoning district for that tract of land.

B.

The housing density per lot may be as specified in this UDC for the zoning district applicable to the tract of land being subdivided.

C.

A preliminary plat must be prepared and submitted by the applicant. The design must be capable of being constructed given site features and the requirements of this UDC and all other applicable laws.

4.8.5. Dimensional Standards

Once the maximum yield is determined pursuant to Sec. 4.8.4, the preliminary plat must be submitted which meets the requirements of this Sec. 4.8 and Article 9 of this UDC. The minimum lot size is determined by dividing the total area of the land to be subdivided, less the area of the open space, by the associated maximum yield. The lots in a conservation subdivision may be less than the minimum lot size required by this UDC for the zoning district for that tract of land, provided that each lot must have an area of at least 10,000 square feet.

4.8.6. Application Requirements

A.

Site Analysis Map

Concurrent with the submission of a preliminary plat, the applicant must prepare and submit a site analysis map to ensure that the important site features have been adequately identified prior to the creation of the site design and that the proposed open space will meet the requirements of this UDC. The site analysis map must include the following information:

1.

Property boundaries.

2.

All streams, rivers, lakes, wetlands and other hydrologic features.

3.

Topographic contours of no less than five-feet intervals for hilly terrain (slopes greater than ten percent), two feet intervals for rolling terrain (two percent to ten percent), and one foot for flat terrain (slopes less than two percent) as referenced in the Hall County, Georgia subdivision regulations.

4.

All primary and secondary conservation areas labeled by type, as described in Sec. 4.8.7.A.

5.

General vegetation characteristics.

6.

General soil types.

7.

The planned location of protected open space.

8.

Existing roads and structures.

9.

Potential connections with existing greenspace and trails.

B.

Other Requirements

The applicant must adhere to all other applicable requirements of the underlying zoning district, the Hall County Subdivision Regulations in Article 9, and all other applicable provisions of the Official Code of Hall County, Georgia.

4.8.7. Open Space

Open space is as defined in Sec. 8.5.1.B. The open space in a CS district must be reserved in perpetuity using an approved legal instrument.

A.

Standards to Determine Open Space

1.

The open space must comprise at least 40 percent of the gross lot area.

2.

The following are considered primary conservation areas and must be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this section:

a.

The regulatory 100-year floodplain.

b.

Buffer zones of at least 75 feet in width along all perennial and intermittent streams.

c.

Slopes greater than 25 percent and at least 5,000 square feet in contiguous area.

d.

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act.

e.

Populations of endangered or threatened species, or habitat for such species.

f.

Archaeological sites, cemeteries, and burial grounds.

3.

The following are considered secondary conservation areas and may be included within the open space to the maximum extent feasible:

a.

Important cultural or historic sites or resources.

b.

Existing forested areas at least one acre in contiguous area.

c.

Individual existing healthy trees greater than eight inches caliper, as measured from the diameter at breast height (DBH).

d.

Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.

e.

Prime agricultural lands of at least five acres of contiguous area.

f.

Existing trails that connect the tract to neighboring areas.

4.

Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected open space but will not be considered as contributing to the minimum area requirement, except for historic structures and existing trails. Large areas of impervious surface are excluded from open space.

5.

At least 75 percent of the open space must be contiguous. The open space should adjoin any neighboring areas of open space, other protected areas, and nonprotected natural areas that would be candidates for inclusion as part of a future area of protected open space.

6.

The open space must be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots must be provided with safe, convenient access to the open space.

B.

Permitted Uses of Open Space

The following may be considered as permissible uses within required open space:

1.

Walking or bicycle trails, provided they are constructed of porous paving materials.;

2.

Passive recreation areas.

3.

Active recreation areas, provided that they are limited to no more than ten percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space.

4.

Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas.

5.

Nonstructural stormwater management practices.

6.

Easements for drainage, access, and underground utility lines including underground drip-emitter lines.

7.

Golf courses, provided that they may not account for more than 50 percent of the total open space.

8.

Other conservation-oriented uses compatible with the purposes of this section as determined by the Director.

C.

Prohibited Uses of Open Space

The following may not be considered as permissible uses within required open space:

1.

Roads, parking lots and impervious surfaces, except as specifically authorized in Sec. 4.8.7.

2.

Agricultural and forestry activities not conducted according to accepted Best Management Practices.

3.

Above ground parts, facilities, impervious surfaces and other apparatus associated with public sewer or approved private sewer systems.

D.

Ownership and Management of Open Space

1.

The applicant must identify an owner of the open space who will be responsible for maintaining the open space and any common facilities located within the subdivision. If a Homeowners Association is to be the owner, membership in the association is required for all homeowners of the subdivision and their successors.

2.

The applicant must submit a plan for management of open space and common facilities that:

a.

Allocates responsibility and guidelines for the maintenance and operation of the open space and any common facilities, including provisions for ongoing maintenance and for long-term capital improvements;

b.

Estimates the costs and staffing requirements needed for maintenance and operation of the open space and outlines the means by which such funding will be obtained or provided;

c.

Provides that any changes to the plan be approved by the Board of Commissioners; and,

d.

Provides for enforcement of the plan.

3.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, Hall County, Georgia may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, Homeowners Association, or to the individual property owners that make up the Homeowners Association and may include administrative costs and penalties. Such costs may become a lien on all subdivision properties.

E.

Legal Instrument for Permanent Protection

The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument for permanent protection must include clear restrictions on the use of the open space and include all restrictions contained in this UDC, as well as any further restrictions the applicant chooses to place on the use of the open space. The instrument may be one of the following:

1.

A permanent conservation easement in favor of either:

a.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization must be legitimate and in perpetual existence and the conveyance instrument must contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

b.

A governmental entity with an interest in pursuing goals compatible with the purposes of this section. If the entity accepting the easement is not Hall County, Georgia, then a right of enforcement favoring the county must be included in the easement.

2.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

3.

An equivalent legal tool that provides permanent protection, subject to approval by Hall County, Georgia.

A - Lot size is 21,780 square feet when serviced by public sewer or private system. Otherwise, 35,000 square feet is required.

B - Lot size is 43,560 square feet when serviced by public water system. Otherwise, 65,340 square feet is required.