Within each district the following minimum lot areas, minimum lot widths, minimum yard requirements, maximum height requirements, and maximum lot coverages shall apply unless otherwise specified in this Ordinance:

70.1. Residential Districts.

70.1.1. R-1 Single Family Residential

(1) Minimum lot area: 10,000 square feet

(2) Minimum lot width at the building line: 75 feet

(3) Minimum front yard setback from public right-of-way: 25 feet

(4) Minimum side yard setbacks:

(a) From public right-of-way: 25 feet

(b) From any other property line: 10 feet

(5) Minimum rear yard setbacks:

(a) From public right-of-way: 25 feet

(b) From any other property line: 15 feet

(6) Maximum building height: 35 feet

(7) Maximum lot coverage: 35%

70.1.2. R-2 Low Density Residential

(1) Minimum lot area:

(a) Single-family dwellings: 10,000 square feet

(b) Two and three family dwellings: 4,000 square feet per dwelling unit

(c) Townhouses: 10,000 square feet for the first three units, plus 4,000 square feet for each additional unit.

(i) Minimum lot width at building line: 70 feet

(ii) Minimum front yard setback from public right-of-way: 25 feet

(iii) Minimum side yard setbacks:

1. From public right-of-way: 25 feet

2. From any other property line: 10 feet

(iv) Minimum rear yard setback from other property line: 15 feet

(v) Maximum percentage of lot coverage: 35 percent

(vi) Maximum building height: 35 feet

(vii) Minimum dwelling unit size (heated area):

1. Single-family dwellings: None

2. Two and three family dwellings: 600 square feet per unit

3. Townhouses: None

70.1.3 R-3, Medium and High Density Multi-Family Residential District

(1) Minimum lot area:

(a) Two and three family dwellings: 4,000 square feet per unit.

(b) Multi-family dwellings of more than three units:

10,000 square feet for the first two units; plus 2,000 square feet for each additional unit.

(2) Minimum lot width at building line:

(a) Condominium and Apartment Developments: 80 feet

(b) Townhouses: 70 feet

(3) Minimum front yard setback from public right-of-way: 30 feet

(4) Minimum side yard setbacks:

(a) Apartments/condominiums:

(i) From a public right-of-way: 25 feet

(ii) From property line abutting an adjacent property zoned as a Residential District: 25 feet

(iii) From any other property line: 15 feet

(b) Townhouses:

(i) From a public right-of-way: 25 feet

(ii) From any other property line: 15 feet

(5) Minimum rear yard setbacks:

(i) From a public right-of-way: 30 feet

(ii) From property line abutting an adjacent property zoned as a Residential District: 25 feet

(iii) From any other property line: 15 feet

(6) Maximum percentage of buildable lot coverage: 30%

(7) Maximum building height: 45 feet or 3 stories

(8) Minimum dwelling unit size:

(a) Two and three family dwellings: 800 square feet per unit

(b) Multi-family dwelling of more than three units: 800 square feet for the first six (6) units, plus 600 square feet per unit for each additional unit

70.1.4. R-4, Single-Family Mobile Home District

(1) Minimum lot area: 7,500 square feet

(2) Minimum lot width at the building line: 50 feet

(3) Minimum front yard setback from public right-of-way: 25 feet

(4) Minimum side yard setbacks:

(a) From public right-of-way: 25 feet

(b) From any other property line: 10 feet

(5) Minimum rear yard setbacks

(a) From a public right-of-way: 25 feet

(b) From any other property line: 15 feet

(6) Maximum percentage of lot coverage: 30%

(7) Maximum building height: 20 feet

70.1.  R-5, Mobile Home Park District

(1) Minimum lot area: Five (5) acres

(2) Maximum density: Seven (7) mobile homes per acre.

(3)Minimum space area: Each mobile home shall be located on a lot or space having an area of at least 4,000 square feet.

(4) Mobile Home Placement and Separation. The minimum distance required for the separation of a mobile home shall be:

(a) 20 feet from side to side;

(b) 20 feet from side to rear;

(c) 15 feet from rear to rear;

(d) Individual driveways for each mobile home shall be at least 15 feet from adjacent driveways

(5) No mobile home shall be located closer than 30 feet from street right-of-way lines and not closer than 20 feet from property line. Notwithstanding the foregoing, any mobile home located at a sale center on Highway 40 E. shall be placed at least 25 feet from the front property line.

70.1.6. R-6 Single-Family Large Tract Residential District

(1) Minimum lot area: 1.5 Acres

(2) Minimum lot width at the building line: 100 feet

(3) Minimum front yard setback from public right-of-way: 30 feet

(4) Minimum side yard setbacks

(a) From a public right-of-way: 25 feet

(b) From any other property line: 20 feet

(5) Minimum rear yard setbacks:

(a) From a public right-of-way: 25 feet

(b) From any other property line: 20 feet

(6) Maximum building height: 35 feet

(7) Maximum percentage of lot coverage: 40 percent

(8) Minimum subdivision size: 100 Acres

70.1.7. R-7 Townhouse Residential District

(1) Minimum lot area: 1,600 square feet

(2) Minimum lot width at the building line: 16 feet

(3) Minimum front yard setback from public right-of-way: 15 feet

(4) Minimum side yard setbacks

(a) From a public right-of-way: 25 feet

(b) From any other property line: 15 feet

(5) Minimum rear yard setbacks:

(a) From a public right-of-way: 25 feet

(b) From any other property line: 20 feet

(6) Maximum building height: 35 feet

(7) Maximum percentage of lot coverage: 60 percent

70.2. Commercial Districts.

70.2.1. C-1, Central Business District.

(1)

Minimum lot area: 3,000 square feet.

(2)

Minimum lot width: 30 feet.

(3)

Minimum front yard setback: None; however, public walkways shall be accessible.

(4)

Maximum front yard setback: 25 feet.

(5)

Minimum side yard: None, unless the parcel is adjacent to property zoned as a Residential District, in which case the minimum side yard shall be 15 feet.

(6)

Minimum rear yard: None, unless the parcel is adjacent to a property zoned as a Residential District, in which case the minimum rear yard shall be 15 feet.

(7)

Maximum percentage of lot coverage: must be presented for new construction for approval.

(8)

Maximum building height: 45 feet.

(9)

Minimum Sidewalk width along street frontage: 5 feet.

(10)

The main building entrance shall be located on a public street, or shall have a porch and canopy, or other architectural treatment, that announces a side or recessed entrance by extending to the sidewalk or street. Main entrances shall be defined by features such as transom windows, sidelights, recesses, lighting, architectural details, signs, or awnings.

70.2.2. C-1A, Commercial Corridor District.

(1)

Minimum lot area: 7,500 square feet.

(2)

Minimum lot width at building line: 70 feet.

(3)

Minimum front yard setback from public rights-of-way: 25 feet.

(4)

Minimum side yard setbacks:

(a)

From a property line abutting a property zoned as a Residential District: 15 feet

(b)

From a public right-of-way: 25 feet

(5)

Minimum rear yard setbacks:

(a)

From a property line abutting a property zoned as a Residential District: 15 feet

(b)

From any other property line: 7 feet

(c)

From a public right-of-way: 25 feet

(6)

Maximum building height: 55 feet.

(7)

Maximum percentage of lot coverage by buildings: 35%.

(8)

Minimum Sidewalk width along street frontage: 5 feet.

70.2.3 C-2, General District.

(1)

Minimum lot area: 10,500 square feet.

(2)

Minimum lot width at building line: 75 feet.

(3)

Minimum front yard setbacks:

(a)

From property line abutting King Avenue (S.R. 40): 40 feet

(b)

From any other public right-of-way: 25 feet

(4)

Minimum side yard setbacks:

(a)

From a property line abutting a property zoned as a Residential District: 15 feet

(b)

From a public right-of-way: 25 feet

(c)

From any other property line: 7 feet

(5)

Minimum rear yard setbacks:

(a)

From a property line abutting a property zoned as a Residential District: 15 feet

(b)

From any other property line: 7 feet

(c)

From a public right-of-way: 25 feet

(6)

Maximum building height: 55 feet.

(7)

Maximum percentage of lot coverage by buildings: 35%

70.2.4. C-4, Interchange Commercial District

(1) Minimum lot width at building line: 100 feet

(2) Minimum front yard setback from public right-of-way: 50 feet

(3) Minimum side yard setbacks:

(a) From a public right-of-way: 35 feet

(b) From any other property line: 10 feet

(4) Minimum rear yard setback from property line: 15 feet

(5) Maximum building height: 35 feet

70.2.5. C-5, Neighborhood Convenience Center District

(1) Minimum lot width at building line: 75 feet

(2) Minimum front yard setback from the public right-of-way: 25 feet

(3) Minimum side yard setbacks:

(a) From a public right-of-way: 25 feet

(b) From any other property line: 15 feet

(4) Minimum rear yard setback: 15 feet

(5) Maximum building height: 35 feet

70.2.6. C-ED, Commercial Entertainment District

(1) Minimum district area: 10 acres

(2) Minimum lot area: 7,500 square feet

(3) Minimum lot width at building line: 75 feet

(4) Minimum front yard setbacks:

(a) From King Avenue (S.R. 40): 40 feet {from right-of-way}

(b) From other public rights-of-way: 25 feet

(5) Minimum side yard setbacks:

(a) From a property line abutting another property zoned C-ED: 0 feet

(b) From any other property line, including a property line abutting a public right-of-way: 25 feet

(6) Minimum rear yard setbacks:

(a) From a property line abutting another property zoned C-ED: 0 feet

(b) From any other property line, including a public right-of-way: 25 feet

(7) Maximum building height: 50 feet, unless approved by the Fire Chief. However, no building height shall exceed the distance from said building to the adjacent zoning district boundary.

(8) Maximum percentage of lot coverage by buildings: 35%

(9) Minimum district buffer: A full year-round visual buffer shall separate all developed parts of the district from surrounding residential zones. The buffer may be a fence or vegetated berm with a vertical visual buffering of at least 20 feet and be at least 25 feet wide, or a vegetative only buffer of at least 15 feet height and 50 feet wide.

70.2.7. C-PLMU, Commercial Planned Large Multi-Use District

(1) Minimum district area: 100 acres

(2) Minimum lot area: 20,000 square feet

(3) Minimum lot width at building line: 75 feet

(4) Minimum front yard setbacks:

(a) From King Avenue (S.R. 40) and Laurel Island Parkway: 40 feet {from right-of-way};

(b) From any other public right-of-way: 25 feet

(5) Minimum side yard setbacks:

(a) From a property line abutting another property zoned C-PLMU: 0 feet

(b) From public rights-of-way: 25 feet

(c) From a property line abutting a property zoned as a Residential District: 25 feet

(6) Minimum rear yard setbacks:

(a) From a property line abutting another property zoned C-PLMU: 0 feet

(b) From a property line abutting a property zoned as a Residential District: 25 feet.

(7) Maximum building height: 50 feet, unless approved by the Fire Chief. However, no building height shall exceed the distance from said building to the adjacent zoning district boundary.

(8)  Maximum percentage of lot coverage by buildings: 35%

(9) Minimum district buffer: A full year-round visual buffer shall separate all developed parts of the district from surrounding residential zones. The buffer may be a fence or vegetated berm with a vertical visual buffering of at least 20-feet and be at least 25-feet wide, or a vegetative only buffer of at least 15-feet height and 50-foot wide.

70.3. Wholesale and Industrial Districts

70.3.1. I-L, Light Industrial District

(1) Minimum lot area: As required to meet district's area regulations and intent.

(2) Minimum lot width at building line: 100 feet

(3) Minimum front yard setback from : 30 feet

(4) Minimum side yard setback from property line or public right-of-way: 30 feet

(5) Minimum rear yard setbacks:

(a) From property line: 20 feet

(b) From public rights-of-way: 30 feet

(6) Maximum building height: 45 feet

(7) Public and private technical, and industrial training facilities including on site housing for attendees shall meet these minimum required setbacks

(8) Minimum district buffer: A full year-round visual buffer shall separate all developed parts of the district from surrounding residential zones. The buffer may be a fence or vegetated berm with a vertical visual buffering of at least 20-feet and be at least 25-feet wide, or a vegetative only buffer of at least 15-feet high and 50-feet wide.

70.3.2. I-G, General Industrial District

(1) Minimum lot area: As required to meet district's regulations and intent.

(2) Minimum lot width at building line: 200 feet

(3) Minimum front yard setback from public right-of-way: 50 feet

(4) Minimum side yard setbacks:

(a) From property line: 40 feet

(b) From public rights-of-way: 50 feet

(5) Minimum rear yard setback from property line: 40 feet

(6) Maximum building height: 85 feet

70.4. MU, Multi-Use District:

(1) Minimum Lot Area: 5,000 square feet for up to four (4) units (2 bottom, 2 top), 1,000 square feet for each additional unit

(2) Minimum Lot Width: Forty (40) feet

(3) Minimum Front Yard Setbacks:

(4) Minimum Side Yard Setbacks:

(a) From public rights-of-way: 20 feet

(b) From a property line abutting another property zoned MU: 7 feet

(c) From any other types of adjacent property lines: 15 feet

(5) Minimum Rear Yard Setbacks:

(a) From public rights-of way: 15 feet

(b) From a property line abutting a property zoned as a Residential District: 15 feet

(c) From a property line abutting another property zoned MU: 7 feet

(d) From any other types of adjacent property lines: 10 feet

(6) Maximum Building Height: Forty-five (45) feet

70.5. Minimum Setbacks. Within the zoning districts herein defined, the following minimum setback requirements shall apply:

MINIMUM SETBACKS

{Definitions of a, b, c above}

a. Ten (10) feet plus five (5) additional feet for each story (floor), but not exceeding twenty (20) feet; and when dwelling unit faces side yard, the dwelling [Unit] shall not be less than twenty (20) feet from the side.

b. None, except when abutting residential district and then not less than twenty (20) feet.

c. None, except when abutting residential district and then not less than twenty (20) feet.

(Amend. of 7-23-2007; Ord. No. 2009-3, 4-27-2009; Ord. No. 2014-03, 3-31-2014; Ord. No. 2017-09, 10-23-2017; Ord. No. 2018-11, 11-26-2018; Ord. No. 2019-01, 1-14-2019; Ord. No. 2021-02, 1-11-2021)

71.1. Additional Requirements Governing the Placement of Mobile Homes in the R4 Districts and R-5 Districts:

(1) Mobile Home Placement. Mobile home supports or pillars shall be provided not more than 10 feet on center or less beginning from the front of the mobile home. Supports or pillars shall be placed upon concrete pads having minimum dimensions of 16″ x 16″ x 4″.

(2) Anchoring. All mobile homes shall be anchored prior to the unit being occupied or used in any other way. The anchoring system shall be designed to resist a minimum wind velocity of ninety (90) miles per hour.

(3) Stability. All mobile homes shall, prior to occupancy or other use, be stabilized in such a way so as to prevent tilting of the unit. No mobile home shall permanently rest on wheels used to transport it.

(4) Skirts. All mobile homes shall, prior to occupancy or other use, have skirts installed that are designed to compliment the appearance of the mobile home and are coordinated throughout the park.

(5) Permits. No mover or installer of a mobile home shall place a mobile home on any lot or parcel within the City of Kingsland without securing a permit to install saidmobile home. Permit shall certify eligibility of said lot or parcel for such installation. All mobile home installations at a mobile home park or lot shall be subject to inspection for:

a) Electrical compliance to current edition of N.E.C., Article 550 or 551, as applicable.

b) Plumbing compliance to GA State Plumbing Code, Chapter XIX and Dwg A31-A33 as applicable.

c) Structural/Anchorage compliance to GA State Building Code App. "H".

d) City ordinances as applicable to mobile home parks or R-4 lots. See Section 80 of this Ordinance.

(6) All installations must have City sticker certificate.

(7) Mobile home parks are subject to code compliance inspection at any time, but prior notice of one (1) week will be given by building department.

(8) Mobile home parks must be brought into compliance with state and city codes before installation permit is issued. Upon notice of deficiency, the mobile home park owner has one (1) month to initiate improvements or no new permits will be issued and code enforcement proceedings will commence.

(9) Transporting service company or mobile home park owner is responsible for above permits and fees. License numbers of contractors must be included on permits. The mobile home must bear a state certification sticker and current county tax location sticker.

(10) Replacement of Dilapidated Mobile Homes. A mobile home located within a conforming use may be replaced with a later model, a more substantial or better quality mobile home, provided it does not increase the density already established.

(11) Violations. Permit violation penalties and/or code violation penalties after grace period expires, where applicable will be as per the following schedule, the mobile home park owner (or in the case of single lot mobile home owner), that owner being responsible for payment:

(a) Mobile home park non-conformance to codes listed in this section:

$10.00 violation as found by inspection conducted as per section above. (Includes the sewer and water service, skirting and electrical service requirements.)

(b) Mobile homes installed without compliance to this policy:

$100.00 violation (Example: Without permits, or State Certification Sticker)

(c) Failed plumbing/electrical/structural inspection:

$10.00 reinspection. This item can be assessed on a per installation basis whereas numbers 1 and 2 above applies to entire mobile park.

(d) Failure to pay any of the above fees:

Within the one (1) month grace period after violation notice: 1.5 times the penalty listed in numbers 1 through 4 is inclusive of any permits required.

Within three (3) months of notice:

Legal steps, due process initiated to enforce compliance.

71.2. Additional requirements governing MH, mobile home park district.

71.2.1 Grading and Drainage: Each mobile home park shall be graded and drained in accordance with the Camden County Master Drainage Study Engineering Handbook and other requirements as determined by the City Council or their designated representative.

71.2.2. Common Open Space. At least ten (10) percent of the gross site area shall be set aside as common open space and recreational facilities (as described by section 71.1 Additional Requirements). Common open spaces shall be provided according to the following standards:

(i) Common open space shall not include streets, parking lots, public rights-of-way or sites for water and sewage treatment plants.

(ii) Pedestrian and bicycle paths forming part of the common open space shall be paved and at least five (5) feet in width.

(iii) Common open spaces shall be linked together or otherwise made available to all park residents.

71.2.3 Underground Utilities. All utilities, including but notlimited to electric power, telephones and Cable T.V., shall be located underground.

71.2.4 Traffic Circulation. All mobile home parks shall be provided with an on-site paved street system providing safe, convenient, and direct vehicular access to each mobile home space. All paving must meet City specifications as provided in the Kingsland subdivision regulations. Paved drives shall be a minimum of twenty (20) feet in width, and parking space of gravel, limerock, shell or similar all-weather surface sufficient to accommodate at least two (2) automobiles shall be located on each mobile home space.

71.2.5 Landscaping. A minimum of three (3) trees shall be retained or planted at each mobile home stand.

71.2.6 Buffer. There shall be a landscaped buffer around all mobile home parks of at least twenty-five (25) feet in width. Said buffer shall also meet the requirements of Article XIV, Section 140.

71.3 Recreation Vehicles - Towed or Self Powered.

A. Temporary permits are required subject to same permit process and penalty as set forth in Section 71.4 above.

1. Permitted temporary mobile homes are not required to be set on pier footings or anchored as long as installation does not exceed six (6) months unless required by mobile park owner or lot owner.

2. Permit for temporary mobile home installation is to be renewed each six (6) months and subject to reinspection and required fees as set forth in Sections 71.1 and 71.2 above.

3. For longer than six (6) months, the permitted installation shall be considered permanent and thus required to comply with all stipulations of Sections 71.1 and 71.2.

71.4 Grandfathered in Installations:

1. Permit fees for existing recreation vehicle installations shall be waived, but upon inspection of installation, a permit shall be issued and certificate sticker attached.

2. Said installation shall be designated as temporary or permanent at time of permit issue and then subject to compliance to above policy set forth in Section 71.3.

3. Subsequent to permit issue, the fees listed shall henceforth apply to any future violations of permit as per above policy.

(Amend. of 7-23-2007)

Cross reference— Also see Article VIII, Special Provisions

72.1 District Intent. The purpose of this district is to achieve site design and land development of superior quality through the encroachment of flexibility and creativity in achieving the purposes of other districts in this Zoning Ordinance by departing from the strict application of use and dimensional requirements under certain conditions and imposing other requirements in lieu thereof.

The objective of the Planned Development District is to encourage ingenuity, imagination, and flexibility of design efforts on the part of builders, architects, site planners, developers to produce developments which are in keeping with density and open space objectives of the Zoning Ordinance, while departing from the strict application of use, setback, height, and minimum lot size requirements of the Zoning Ordinance. Land for P D Districts must be provided through the rezoning process (Article XXI, Amendments.)

72.2 Specific Requirements. In order to qualify for a Planned Development zoning classification, a proposed planned development must first meet the following specific requirements:

(1) The site utilized for Planned Developments must contain an area of not less than four (4) acres.

(2) The site must have a minimum width between any two opposite boundary lines of 300 feet and must adjoin or have direct access to at least one improved public street.

(3) The application for amendment to the Zoning Ordinance shall be filed jointly by all of the owners of the properties included in the Planned Development.

(4) A suitable plot plan shall be submitted by the developers for review and approval by the Planning Commission and the City Council.

(5) A written report shall be submitted by the developers for review and approval by the Planning Commission and the City Council.

72.3 Application for Amendment.

(1) Any request pertaining to establishing a P.D. District shall be considered an amendment to the Zoning Ordinance and shall be processed in accordance with the requirements set forth in Article XXI, Amendments.

(2) All information required in Article VII shall be submitted to the Planning Commission and subsequently forwarded to City Council with the recommendations of the Planning Commission.

(3) If approved by the City Council, all information pertaining to the proposal shall be adopted as an amendment to the Zoning Ordinance, to be the standards of development for that particular Planned Development District.

(4) Before approval of a Planned Development District, the City Council may require a contract with safeguards satisfactory to the City Attorney guaranteeing completion of the development according to the criteria listed herein. Such guarantee may include the submission of a performance bond in an amount set by the City Council.

72.4 Sketch Plan for Planned Development. Prior to the filing of a plot plan for planned development, a sketch plan may be submitted to the Planning Commission for review. The sketch plan may be a free-hand pencil sketch. When submitted, the sketch plan shall include the following information:

(1) General information items:

a) Name of the proposed development and developers.

b) A north arrow.

c) The boundary lines of the proposed development.

d) The location, name and right-of-way width of any existing streets within or adjacent to the proposed development.

(2) Proposed building sites and sizes, and the proposed layout of roads, parking areas, and other features in relation to existing conditions.

(3) Types of uses proposed for buildings and structures.

(4) Proposed means of water and sewage proposal.

72.5 Plot Plan for Planned Development. The plot plan drawn to scale (1" equals 100' or 1" equals 50') by a registered civil engineer, registered land surveyor, or registered architect, shall show the exact dimensions of the parcel or parcels of land under consideration. The plan shall include the following elements:

(1) General Information items:

a) Name of the development and developers.

b) A north arrow.

c) Date of field survey.

d) Tract boundary lines, dimensions, bearings and angles.

e) Reference points to at least two permanent monuments.

(2) Proposed building sites and sizes.

(3) Types of uses proposed for buildings and structures.

(4) All property dimensions.

(5) Platting and street systems:

a) Proposed reservations or dedications for street.

b) Means of ingress and egress.

c) Access and circulation arrangements

d) Off-street parking and loading facilities.

(6) Means of protecting or screening abutting properties including proposed landscaping.

(7) Location of proposed reservations, easements, or dedications.

(8) If requested, two foot vertical contour intervals.

72.6 Written Report for Planned Development. A written report shall explain the type, nature, intent and characteristics of the proposed development, and shall include, where applicable:

(1) A general description of the proposal.

(2) A legal description of the site.

(3) Proposed standards for development, including:

a) Restrictions on the use of property.

b) Density, yard, and height requirement.

c) Restrictive covenants.

(4) Proposed dedication or reservation of land for public use, including streets, easements, parks and school sites.

(5) Exceptions or variations from the requirements of the Zoning and Land Development Ordinance if any are being requested.

(6) Plans for the provision of utilities, including water, sewer, and storm drainage facilities.

(7) Descriptions of percentage of land within the development to be provided for various uses:

a) Residential

b) Commercial

c) Industrial

d) Open space

e) Utilities

f) Parking and storage

g) Others

72.7 Permitted Uses. Any use proposed by the developer and considered by the Planning Commission and City Council as being compatible with surrounding districts and the intent of the proposed P.D. District may be permitted. Thereafter, the uses permitted in the district shall be restricted to those proposed, approved, and adopted according to procedures set forth herein.

72.8 General Design Criteria and Development Standards.

(1) Overall site design should be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes and street patters, and use relationships.

(2) Variety in building types, heights, placement on lots and size of open spaces are encouraged if they are conducive to a safe, healthy and aesthetically pleasing living environment.

(3) The average density for residential dwelling units in a P. D. District should not exceed those set forth in the R-2 District for residential units and C-2 District for commercial uses, although it may be clustered within the P. D. District.

(4) A buffer strip with plant cover, trees and/or an attractive fence should be provided by the P. D. District, unless the adjoining use is compatible. For instance, when one family and multi-family dwellings within a P D District are on property adjoining an R-3 District, then no buffer shall be required.

(5) Within a P D District, the design should include buffers suitable for screening residential areas from commercial or industrial uses when dangers of incompatibility exist.

(6) The sign and parking regulations of this Ordinance should be accepted as minimum standards, and therefore creative improvements are encouraged.

72.9. Planned Development. Permitted uses for Planned Development District are established in Section 60 of this Ordinance. Use, area, bulk, and height requirements shall be determined by the procedures set forth in this section.

72.9.1. General Conditions. Any area may be rezoned as Planned Development District if the following conditions are met:

72.9.1.1. More than one principal land use or separate land uses, which would not otherwise be permitted to locate within the same zoning district are proposed for development on a parcel under single or multiple ownership or management.

72.9.1.2. The area is located within the existing Residential District, a Highway Commercial District or a General Commercial District.

72.9.1.3. Exceptions or variations to the site, dimensional changes in standards required, or changes in other requirements of this Ordinance are being sought.

72.9.2. Specific Requirements. In order to qualify for a Planned Development District zoning classification, a proposed development must first meet each of the following specific requirements:

72.9.2.1. The site utilized for the proposed development must contain an area of not less than ten (10) acres.

72.9.2.2. The site must have a minimum width between any two boundary lines of four hundred fifty (450) feet and must adjoin or have direct access to at least one arterial street or collector street.

72.9.2.3. The area proposed shall be in one ownership or management, or if in several ownerships, the application for amendment to this Ordinance shall be filed jointly by all of the owners of the properties included in the plan.

72.9.3. Procedure for Approval of a Planned Development District. The filing of a plan for a planned development shall constitute a request for an amendment to this Ordinance and shall meet the requirements specified in this Ordinance. In addition, the following regulations shall apply:

72.9.3.1. Two copies of a preliminary site plan shall be submitted to the Director of Community Planning and Development.

72.9.3.2. The Director of Community Planning and Development shall review the proposals prior to submitting a recommendation to the Council. The Director of Community Planning and Development may make reasonable additional requirements including, but not limited to, utilities, drainage, landscaping, and maintenance thereof, lighting, signs and advertising devices, screening, access ways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residential lots or uses, or to protect the Planned Development District from adjacent uses.

72.9.3.3. Approval by the Council subsequent to a public hearing constitutes creation of the Planned Development District.

72.10. Preliminary Site Plan Required. The preliminary site plan which accompanies an application for approval of Planned Development District shall show the following:

72.10.1. The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the development.

72.10.2. The north point, scale, and date; the scale of the site plan shall be as follows:

(a) For projects containing fifty (50) acres or more, not more than one hundred (100) feet to one (1) inch.

(b) For projects containing less than fifty (50) acres, not more than fifty (50) feet to one (1) inch.

72.10.3. Existing zoning and zoning district boundaries and proposed changes in zoning.

72.10.4. The boundaries of the property involved, the location of all existing easements, section lines, and property lines, existing streets, buildings, and other existing physical features in or adjoining the project.

72.10.5. The location and size of existing and proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas (including number of parking and loading spaces), and outdoor lighting systems.

72.10.6. The location of proposed lots, setback lines, and easements, and proposed reservations for parks, parkways, playgrounds, school sites, and open spaces.

72.10.7. The location and height of all proposed main and accessory buildings and structures.

72.10.8. Location, height, and material of all fences, walls, screens, plants, and landscaping.

72.10.9. Proposed location, intended use, and character of all buildings.

72.10.10. Location, character, size, and height and orientation of proposed signs.

72.10.11. A location map showing the position of the proposed development in relationship to the surrounding area.

72.10.12. A tabulation of the total number of acres in the project, gross and net, and the percentage thereof proposed to be devoted to different dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other public and private reservations.

72.10.13. A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross and net, as required by district regulations.

72.10.14. A general description of the proposal, stating the purpose and goals of the development, and the design features incorporated for meeting these goals.

72.10.15. A detailed legal description of the location of the site.

72.10.16. A discussion of the proposed standards for development, including restrictions on the use of the property, density standards and yard requirements restricting covenants. The Director of Community Planning and Development may establish additional requirements for the preliminary site plan and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

72.11. Final Plat Required. A final plat shall be recorded prior to submission of an application for a Building Permit. The plat shall comply with all laws, regulations, and resolutions governing the approval of subdivisions and, in addition, shall show all the features required on the preliminary site plan. A plat of development shall be recorded regardless of whether a subdivision is proposed. At least one of the final site plan maps shall include topographical contour lines at intervals no less than five (5) feet.

72.12. Review Standards. The Director of Community Planning and Development shall review plans for proposed planned developments for conformity with the Comprehensive Plan. Specifically, the proposed plan shall meet the following conditions:

72.12.1. The plan shall provide for appropriate relationships between uses around the boundaries and uses within the Planned Development District and shall indicate in written form those measures which would be taken to insure that adjacent property will not be adversely affected, and the Planned Development District will be similarly protected.

72.12.2. The plan shall conform to the purpose of this resolution as stated in Article I.

72.12.3. Access to all developed property shall be sufficient to provide for an acceptable level of fire protection.

72.13. Miscellaneous Provisions.

72.13.1. Amendments and Additions. Amendments or additions to an approved plan or to the boundaries of Planned Development District shall be accomplished subject to the same regulations and procedures applicable to a new application.

72.13.2. Deed Restrictions. The Director of Community Planning and Development may require filing of deed restrictions to help carry out the intent of this resolution subject to the same penalties as established in Article XXI.

72.14. Site Design Requirements.

72.14.1. Location of District. A Planned Development District may be established in any of the following existing districts: Residential District, Highway Commercial District and General Commercial District.

72.14.2. Site Design, General. The proposed development must be designated so as to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhoods. The review by the Director of Community Planning and Development shall consider the following design elements:

72.14.2.1. Privacy. Personal and individual privacy shall be maintained and balanced with the provision of public and common areas.

72.14.2.2. Variety. Interest and variety shall be sought, by means of street design and changes in mixtures of building types, heights, facades, setbacks, plants, or size of open space, and the design should be harmonious as a whole and not simply from street-to-street.

72.14.2.3. Traffic and Parking. No through or commercial traffic should be permitted; streets should not be straight for long distances, but should curve so as to discourage fast movement of traffic; group parking areas should be screened as defined in Section 140, so that the vehicles are substantially hidden from the street.

72.14.2.4. Lot Area and Lot Width, General. Minimum lot area and lot width requirements may be increased by the County Health Department when the said Department determines that an increased area or width is necessary for health reasons.

72.15 Site Design, Detail.

72.15.1. Open Space. A minimum of at least twenty (20) percent of the gross area of the site should be retained in open space.

72.15.2. Single-Family and Two-Family Dwellings. Single-family and two-family dwellings shall be developed under the regulations governing such dwellings in the district in which the Planned Development District is to be located except that the minimum lot area of such dwelling lots may be reduced by twenty (20) percent and the rear yard setback may be reduced by the minimum dimensions as the required side yard setback. Lot widths may be reduced below fifty (50) feet. If residential uses are not permitted in the district, the R-3 zoning district restrictions shall prevail, except the rear yard setback may be reduced to eight (8) feet.

72.15.3. Townhouses. Townhouses shall be developed under the regulations governing such dwellings in the R-3 zoning district.

72.15.4. Multi-Family Dwellings. Multi-family dwelling units shall be developed under the regulations governing such dwellings in the R-3 zoning district.

72.15.5. Commercial and Service Establishments. Commercial and service establishments shall be developed under the regulations governing such establishments in the C-3 zoning district.

72.15.6. Building Coverage. The total ground area occupied by buildings and structures shall not exceed thirty (30) percent of the total ground area of the planned unit development. Building coverage is defined as the land area covered by dwelling balconies, porches, and other architectural projections, but not including roof overhangs, open balconies, and uncovered porches.

72.15.7. Building Heights. Height of particular buildings shall not be basis for denial or approval of a plan, provided any structures in excess of thirty-five (35) feet shall be designed and platted to be consistent with the reasonable enjoyment of neighboring property and the efficiency of existing public services and facilities.

72.15.8. Density of Housing Types. A maximum of thirty (30) percent of the dwelling units located in a Planned Development District may be two-family dwellings, townhouses, and multi-family dwelling units.

72.15.9. Density of Retail and Service Uses. No more than five (5) percent of the floor space in the Planned Development District shall be used for retail or service establishments.

72.15.10. Street Standards. All streets located in the Planned Development District shall be Standard Streets.

72.15.11. Off-Street Parking and Loading. Off-street parking and loading requirements shall be as required in Sections 54 and 55.

72.15.12. Shopping center and other types of planned developments shall not have more than two access points to any one public street, unless unusual circumstances dictate the need for additional access points.

(Amend. of 7-23-2007)