(1)

This article establishes standards that apply to the development, use, or alteration of land, buildings and structures within the boundaries of a special zoning district.

(2)

The zoning district regulations of this article contain additional standards and procedures that are supplemental to all other regulations and requirements of the UDO. Should the requirements of these special district standards and procedures conflict with standards of other requirements of the UDO, the requirements of the special district shall apply.

(a)

The provisions of the special districts shall apply to all parcels of land and rights-of-way within the boundaries of the special zoning districts.

(b)

The provisions of the special districts shall apply to all applications for land disturbance permits, plan review, plat approval, sign permits, and building permits for all property within the respective special zoning district boundaries, unless expressly exempted.

(c)

All special zoning districts identified as "overlays" shall also require conformance with the approved underlying zoning district regulations.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Purpose and intent. The PUD, planned unit development special district is intended to permit the planning and development of parcels of land that are suitable in location and character for the uses proposed as unified and integrated developments in accordance with detailed development plans. The existing zoning map and underlying zoning regulations governing all properties within the planned unit development special zoning district shall remain in full force and effect. The regulations contained within this section constitute an overlay district that shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this section shall apply. The PUD district is intended to provide a means of accomplishing the following specific objectives:

(a)

To provide flexibility, unity, and diversity in land planning and development, resulting in convenient and harmonious groupings of uses, structures and common facilities;

(b)

To allow appropriate relationships of open spaces to intended uses and structures; and

(c)

To provide a procedure that can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics.

(2)

Minimum standards. The following minimum standards shall apply to all PUD districts:

(a)

PUD districts shall have a minimum contiguous area of ten acres.

(b)

PUD districts may vary the following dimensional standards of existing zoning districts: minimum rear yards, minimum side yards, minimum front yards, minimum parking ratios, and minimum lot size. All dimensional standard variations shall be delineated as part of an approved PUD district.

(c)

A minimum of 25 percent of the lot area shall be dedicated open space, which shall meet the provisions for open space in section 102-B-5-5.

(d)

The boundaries of each PUD, upon approval, must be shown on the zoning map, and shall be in conformance with the adopted comprehensive plan, as well as any adopted master plan.

(3)

Application of regulations.

(a)

Site plan. Development of the PUD is governed by a site plan that designates the standards of zoning and development for the PUD. The site plan must be submitted as a part of the PUD rezoning application.

(b)

At a minimum the site plan must include:

(i)

Analysis of existing site conditions. An analysis of existing site conditions including a boundary survey and topographic map of the site including information on all existing manmade and natural features, utilities, all streams and easements, and features to be retained, moved or altered. The existing shape and dimensions of the existing lot to be built upon including the size, measurement and location of any existing buildings or structures on the lot shall be included;

(ii)

Master plan. A master plan outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, doors, densities, parking ratios, open space, height, sidewalks, yards, under and over-head utilities, internal circulation and parking, landscaping, grading, lighting, drainage, amenities, and similar details including their respective measurements;

(iii)

Landscape plan. A landscape plan showing proposed regulations and calculations which shall include, but not be limited to, information on landscaping, tree species and the number of all plantings and open space including the landscaping that is being preserved, removed and that which is replacing the landscaping that is removed;

(iv)

Architectural design. Preliminary architectural plans and all elevations with sufficient detail to demonstrate proposed design criteria shall include, but not be limited to, scaled floor plans and elevation drawings of proposed buildings and structures and information on building materials, features, exterior finish legend, windows, doors, colors, and items affecting exterior appearance, such as signs, air conditioning, grills, compressors, and similar details including their respective measurements. As a part of the architectural design, a "four-sided" design philosophy must be used. Materials used shall be enduring in their composition;

(v)

Phasing plan. Should a PUD be expected to require five years or longer to complete, a phasing plan shall be provided by the applicant that indicates the timeframe for construction and development of different aspects of the PUD;

(vi)

Type and location of all intended uses;

(vii)

Expected gross land areas of all intended uses, including open space;

(viii)

Gross floor area or density and residential unit size for all buildings or structures;

(ix)

Multi-modal circulation plan;

(x)

Street cross-sections;

(xi)

Parking analysis;

(xii)

Plan of how environmental features will be protected or impacted; and

(xiii)

Any other information deemed necessary by the zoning administrator.

(c)

To the extent that the approved site plan and development standards for a PUD contradict the development regulations and the UDO, the approved site plan for the PUD district governs.

(d)

Due to the mixed use nature of PUD proposals, design must be determined based upon the context and guidance of the comprehensive plan and specific character area plans for the area in which the PUD is located, as applicable.

(e)

Any additional information deemed necessary by the zoning administrator to determine compliance with ordinance standards.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

This special district is regulated by the Hogansville Historic Preservation Commission. See article XIV for the regulations and procedures of this district.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)

(1)

Establishment of downtown business special district overlay; boundaries. The downtown business overlay district shall encompass and include all of that area as follows:

(a)

All that area fronting on either side of Main Street from Church Street to Molyneaux;

(b)

All that area fronting on either side of Commerce Street;

(c)

All that area fronting on either side of High Street;

(d)

All that area fronting on either side of College Street from its intersection with Commerce Street to its intersection with Main Street; and

(e)

All that area fronting on either side of Oak Street from its intersection with High Street to its intersection with Main Street.

(2)

Vending machines and merchandise; restricted. Except as otherwise set forth in this division, all vending machines or any other items for sale within the downtown business special district overlay shall be located fully within enclosed buildings.

(3)

Exception for permitted special events.

(a)

Sales and displays otherwise prohibited by this UDO shall be allowed, on a limited basis, for permitted special events, festivals and downtown development authority sponsored events which are properly permitted pursuant to the terms of this section.

(b)

Any person desiring to display or sell items within the downtown business special district overlay outside of enclosed buildings in conjunction with a special event or festival shall obtain a permit from the city which shall be for a period not to exceed three successive days. Said application must be submitted at least 15 days in advance of the event, and shall contain the following information, and any other information reasonably requested by the city:

(i)

The name, address and telephone number of the person seeking to conduct the special event;

(ii)

If the special event is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;

(iii)

The date(s) when the special event is to be held; and

(iv)

The hours when the special event will begin and terminate.

(c)

The cost of such special event permit shall be as established by the established fee schedule, but such permit fee shall be waived for events sponsored by the downtown development authority or any other nonprofit organization.

(d)

The city manager or his designated representative shall act upon the application for a special event permit within five working days after the receipt thereof. Such application shall be granted as provided for in this section when, from a consideration of the application and from such other information as may otherwise be obtained, it is determined:

(i)

The conduct of the special event will not substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic within the area of the event;

(ii)

The conduct of the special event will not require the diversion of so great a number of police officers and other city personnel as to prevent normal services provided by the city;

(iii)

The concentration of persons and vehicles at assembly points of the event will not unduly interfere with proper fire and police protection to areas contiguous to the event area; and

(iv)

The information contained in the application is not found to be false or nonexistent in any material detail.

(4)

Sidewalk displays of merchandise.

(a)

Within the downtown business special district overlay, no merchant or other person shall use or occupy the sidewalks of the city for the display of goods, wares or merchandise except as set forth in this Code section. A merchant may display goods, wares or merchandise on city sidewalks immediately adjacent to such merchant's store premises providing all of the following conditions are met:

(i)

The merchant holds a then-current license or occupation tax certificate from the city for the sale of goods and merchandise of the type that will be displayed on city sidewalks;

(ii)

The display shall not obstruct building entrances, fire exits, utility meters, seller entrances, stand pipes or other safety equipment;

(iii)

An area of not less than five feet of unobstructed pedestrian passage way shall be maintained at all times between any display and the nearest curb, tree, pole or other permanent object situate in the right-of-way;

(iv)

All sidewalk displays as provided for in this section shall be removed from the sidewalk during any time when the business displaying such merchandise is closed to customers;

(v)

All final sales transactions between merchant and customer shall be conducted within the business establishment and not on the city sidewalk;

(vi)

Merchandise must be placed in a manner so as not to interfere with pedestrian traffic on the sidewalk;

(vii)

Any merchant displaying goods, wares or merchandise on city sidewalks must execute an indemnification agreement in favor of the city in a form satisfactory to the city; and

(viii)

The city shall have the right to require any merchant placing merchandise on the sidewalk to immediately remove same in the event that access to said portion of the sidewalk is required for repair of any city facilities or for any other lawful public purpose.

(b)

This section shall not prohibit the display and sale of goods and merchandise during festivals or other special events that are approved and sanctioned by the city council pursuant to subsection (3) of this section.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023)