It is the objective of this zone to establish procedures and standards for the implementation of comprehensively planned, multi-use projects. It is also intended that this zone provide a more flexible approach to the comprehensive design and development of multi-use projects than the procedures and regulations applicable under the various conventional zoning categories. In so doing, it is intended that this zoning category be utilized to foster an overall improved development pattern for Meriwether County. The specific purposes of the zone are:

(1)

To encourage orderly, staged development of comprehensively planned, multi-use centers by providing procedures for various zoning and plan approvals, including development phasing;

(2)

To encourage design flexibility and coordination of architectural style of buildings and signage;

(3)

To ensure the integration and internal compatibility of applicable residential and nonresidential uses by providing a suitable residential environment that is enhanced and complemented by commercial, recreational, open space, employment and institutional uses and amenities within all land use components of the multi-use project;

(4)

To ensure compatibility of the proposed land uses with internal and surrounding uses by incorporating higher standards of land planning and site design than could be accomplished under conventional zoning categories and to provide a superior quality of development exceeding what could be achieved under conventional zoning regulations and procedures;

(5)

To encourage the efficient use of land by locating employment and retail uses convenient to residential areas; reducing reliance on automobile use and encouraging pedestrian and other non-vehicular circulation systems; retaining and providing usable open space and active recreation areas close to employment and residential population; and providing for the development of comprehensive non-vehicular circulation networks, separated from vehicular roadways, which constitute a system of linkages among residential areas, open spaces, recreational areas, commercial and employment areas, and public facilities;

(6)

To provide a superior natural environment by the preservation of trees, natural topographic geologic features, wetlands, watercourses, and open space; and

(7)

To allow development only in a staged or phased fashion to ensure the adequacy for the provision of public facilities and the concurrent implementation of community amenities.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

The PUD zoning classification and accompanying development plans may be approved upon findings that the application is proper for the comprehensive and systemic development of the county, is capable of accomplishing the purposes of this zone, is an internally and externally compatible form of development and is consistent with any applicable planning and land use policies of the county. In order to enable the county to evaluate the conformance with the standards contained herein, specific sets of plans shall be submitted in accordance with section 13.9 herein, and the county is authorized to approve said plan or plans if such plans are found sufficient to accomplish the above purposes in compliance with the standards and requirements of this zone.

(1)

Minimum size, location, and development requirements.

a.

Minimum area. No land shall be classified in the PUD zone unless it contains a minimum of 600 acres. Parcels or tracts less than the minimum acreage may be permitted if they are contiguous to an existing PUD-zoned area and may be harmoniously integrated into the PUD area, consistent with the objectives and purposes of this zone.

b.

Location. Such land shall be located adjacent to and readily accessible from existing or planned roadways, sufficient to carry the increased capacity of the development, and are in an approved construction program. It is intended that adequate access be available to such sites so that traffic does not have an adverse impact on the surrounding area or cause internal circulation or safety problems.

c.

Public water and sewer. No development shall be permitted unless served by public water and sewer owned and operated by a municipality or the developer. An escrow account must be established by the developer equal to 100 percent of the value of the system with funds available to repair or replace the system as required.

d.

Signage. Signs shall be allowed in accordance with the specifications and standards established in the final site plan and the Meriwether County Sign Ordinance.

e.

Connectivity. Parcels shall not be zoned as PUD unless configured to connect to adjacent streets and promote the overall connectivity for pedestrians and vehicles within the development.

f.

Large undeveloped land tracts. Large undeveloped land tracts within the county shall be considered for the PUD zone in order for the county to be planned in a more comprehensive and less piecemeal manner. Large tracts of land should be zoned PUD to include a mix of land uses instead of being developed under one conventional zoning category in order to meet the purposes and objectives of this zone.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

Land developed in the PUD zone should be developed consistent with the principles of traditional neighborhood developments, which emulate the historic pattern of development in the county and will be generally more compatible with existing developed areas of the county. These principles are listed below:

(1)

Walkability. Most daily needs can be satisfied within a five- to ten-minute walk of home and work (quarter- to half-mile radius). Pedestrian-friendly street design includes buildings close to the street, front porches, continuous tree cover, on-street parking, hidden parking lots, garages relegated to a rear lane, and narrow, slow speed vehicular trajectories.

(2)

Connectivity. An interconnected street grid network disperses traffic and increases walkability by allowing most streets to be narrow. A high-quality pedestrian network and public realm makes walking comfortable, pleasant, and interesting.

(3)

Mixed-use. A mix of shops, offices, apartments, houses, and recreation on-site. Mixed-uses within the neighborhood, the block, and buildings.

(4)

Diverse housing. A range of architectural types, sizes, and prices located in close proximity.

(5)

High-quality architecture and urban design. Emphasis on aesthetics, human comfort, and creating a sense of place. Special placement of civic buildings and sites within the community. Architectural styles and exteriors shall vary but no more than 25 percent of the total dwelling units shall be constructed as vinyl or metal siding.

(6)

Increased density. More buildings, residences, shops, and services closer together, to encourage walking and to enable a more efficient use of resources and time.

(7)

Smart transportation. A transportation network connecting neighborhoods, business districts, cities and towns together. Pedestrian-friendly design encourages a greater use of walking, bicycles, rollerblades, and scooters as daily transportation.

(8)

Sustainable. Minimal environmental impact of development and its operations. It has less use of finite land and fuel resources, and more local production.

(9)

Quality of life. Taken together, all of the above contribute to an improved quality of life for community residents and for the human community as a whole.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

Residential. All types of residential uses allowed by right in the R-1 zoning district shall be permitted, as well as all accessory uses thereto.

(1)

The location and type of all residential uses proposed on the site must be shown on the plan submitted in accordance with the requirements of section 13.9 of this article, with the level of specificity increasing at each level of plan review.

(2)

Residential uses may be mixed with proposed commercial industrial uses, rather than located in a separate residential area on the site, upon a finding by the county commission that combining residential and nonresidential uses at one location, within a site, will not adversely affect the overall development proposed.

(b)

Commercial/industrial.

(1)

All uses allowed by right or by special exception in the NHC zone are permitted uses, except for the following uses, which are specifically prohibited:

a.

Manufacture, compounding, and processing of goods and articles.

b.

Drive-in theaters.

c.

Automobile paint and body repair shops.

d.

Any use permitted in the industrial zoning districts of the county.

e.

Any agricultural use that includes the keeping or selling of animals (except domestic animals such as dogs, cats, or birds).

(2)

The approximate location and general type of commercial and industrial uses proposed on the site must be shown on a sketch plan and schematic development plan submitted in accordance with section 13.9 herein, with the level of specificity increasing at each level of plan review.

(3)

In order to establish and appropriately mix character within the entire PUD-zoned area, a mixture of commercial uses including retail commercial, office institutional and other low-intensity uses shall not exceed 30 percent, including parking and landscaping of the total project shown on a sketch plan.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

Residential. The total number of dwelling units and the corresponding density, as well as the approximate location of such units, shall be established at the time of sketch plan approval pursuant to section 13.4(a) of this ordinance.

(b)

Lot size supporting commercial facilities and industrial use facilities may be authorized up to 100 percent lot coverage, provided, a parking plan identifying parking alternatives in the immediate vicinity of the building, acceptable to Meriwether County, is developed for the proposed building.

(c)

Building heights may not exceed 40 feet unless waived by Meriwether County.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

The amount of green area, including designated parks, public and private open space, and active and passive recreational areas required for the residential portion of a mixed-use development shall not be less than 35 percent of the total area shown for residential use. The minimum green area requirement, which shall include designated parks, private open space, and active and passive recreational areas, for the commercial/industrial portion of a mixed-use development shall be not less than 25 percent of the total area devoted to commercial uses, except that comparable amenities and/or facilities may be provided in lieu of green area if the planning commission determines that such amenities or facilities are sufficient to accomplish the purposes of the zone, and would be more beneficial to the proposed development than strict adherence to the specific green area requirement.

(b)

All recreation areas, facilities and amenities and all open space and landscaped areas shall be reflected on the application for a PUD zone and site plan approved by the planning commission. With respect to such areas, facilities and amenities, the site plan or accompanying documents shall reflect:

(1)

That such areas, facilities or amenities shall not be constructed, converted or used for any purposes other than reflected and designated on the site plan unless said plan is amended by prior written consent of the planning commission.

(2)

A staging or construction timetable specifying the construction of all recreational areas, facilities and amenities. The staging or construction timetable may be related to the number of residential units under construction or complete, or population levels, or other appropriate standards. The adherence to the performance of such timetable may, at the discretion of the board of commissioners, be secured by an appropriate bond, letter of credit or security acceptable to the county or by the withholding and suspension of all permits for any project lying within the designated PUD zone. Subsequent to the completion of work, the county manager is authorized to declare as abandoned and forfeited any cash bond posted pursuant to a requirement of this chapter, and to relinquish proceeds thereof to the general treasury of the county, when, after giving the applicant or permittee who posted the cash bond 30 days' written notice first by registered mall, and if unclaimed, by first class mail. Upon failure to request of the county the return of the cash bond as provided herein, the applicant or permittee, its successors, heirs and assigns relinquish all claims to said bond.

(3)

A detailed plan with copies of proposed supporting covenants to be filed among the land records prior to the issuance of building permits, which shall enumerate the property owner's and all successors' obligations for perpetual maintenance of all common areas, green space, recreation areas, facilities and amenities, and all common landscaped areas.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

Roads must conform to standards set and adopted by the county. Each development must have on-site water and sewer capabilities. All developers are encouraged to have sewer systems operated and maintained by a governmental body qualified to do so. All utilities shall be underground for PUD developments.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

Meriwether County may reduce the number of spaces required for any use allowed in the PUD zone if such reduction meets the purposes of the PUD zone.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

Planned unit developments usually are subject to development of regional impact review by the Three Rivers Regional Development Center. At the time of application for rezoning and site plan approval, the zoning administrator will apply to the Three Rivers RDC for determination of development of regional impact. Procedures for governing the application for the PUD zone and approvals necessary to seek building permits shall be subject to the following multiple step process:

(1)

Application for site approval.

a.

When rezoning and site plan are approved by the county commission, the developer shall have 24 months in which to complete the project, or at a minimum, the first phase of the project.

b.

Site plan approval is a preliminary plan and does not ensure future approval or an indication that the project will be approved in future phases of review.

c.

An applicant shall file, together with the prescribed application fee, an application for site plan approval and rezoning as provided by the county, and in addition, shall submit for approval as part of the application for separate approval, a site plan reflecting, at a minimum, the following;

1.

The boundaries of the entire tract or parcel.

2.

The locations, sizes, capacities and elevations of all utilities and roads located on all adjacent lands.

3.

General locations of existing and proposed external roads and adjacent land use and development.

4.

General locations and descriptions of various internal proposed land use components, including information as to proposed densities and intensities, proposed size and heights of development.

5.

General locations, descriptions and timing of proposed roads, proposed dedicated public lands and perimeter setback or buffer areas.

6.

Proposed phasing or staging plan of development, public facilities and information pertaining to the provision of public facilities as required by the county.

7.

General areas of woodlands, streams and watercourses and other areas intended for natural preservation.

8.

An illustrative plan providing for the physical layout of the entire development, including all streets, lots, parcels, parks and open spaces.

9.

Draft of architectural standards to govern covenants to be managed by the homeowners' association and to act as the PUD compliance document.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

During the site plan approval phase, the community development director and/or other county designee(s) and developer will engage in meetings and planning sessions to submit proposals to be considered by the planning commission.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

A schematic development plan shall be filed for approval, rejection or modification by the planning commission of all or portions of the area zoned PUD and reflected within the approved site plan, together with the required filing fee. The schematic development plan shall be scaled at one inch equals 50 feet and shall contain, at a minimum, the following:

(1)

Boundary survey and identification plat or survey plat;

(2)

The use(s) of all buildings and structures within the schematic development plan area, as well as existing uses of adjacent property external to the PUD-zoned area and proposed uses within adjoining PUD-zoned areas;

(3)

The locations, heights, approximate dimensions and conceptual architectural elevations of all buildings and structures, and the setbacks and densities and/or square footage thereof;

(4)

The locations of points of access to the site and all public and private roads, and pedestrian and bike paths, in accordance with the applicable thoroughfare design standards;

(5)

The locations and setbacks of all parking areas;

(6)

Existing topography, including:

a.

Contour intervals of not more than two feet;

b.

One-hundred-year floodplains and floodways, including base flood elevations;

c.

Other natural features, such as rock outcropping and scenic views;

d.

Utility easements, if any; and

e.

Historic buildings, structures or areas.

(7)

All landscaped areas, proposed conceptual screen planting, open spaces, plazas, malls, courts, commercial signage standards, community identification signage, recreation and amenity areas;

(8)

Proposed phasing or staging plan of development and information relating to such plan's consistency with the provision of public facilities;

(9)

A proposed covenant or other form of agreement indicating how the area will be included in any homeowners' association or other organization, and how any open space, community space or amenities located within the area subject to review will be perpetually maintained;

(10)

Eight copies of required preliminary plan/plat submittal for review process (18 inches by 24 inches) or of a size acceptable to the Meriwether County Zoning Administrator. All plats and supporting information shall also be submitted to the Meriwether County Zoning Administrator;

(11)

Two copies of the previous plat;

(12)

Two drawings that inventory all wetlands, all watercourses and impoundments, and floodplain limits;

(13)

Two copies of the erosion and sedimentation-control plan;

(14)

Two copies of the stormwater management plan;

(15)

Two copies of the utility development plan (water, sewer, gas, electrical, telecommunications);

(16)

Transportation plan showing the interconnection on the subdivision and its relationship to all adjoining properties;

(17)

Required fees;

(18)

Project narrative to include a description of the type of project and who it will serve, developer information, contractor information, engineer information, contact information, anticipated start dates, completion dates, phasing description (if applicable), description of utility development plans including main sizes, lift station information, communications deployment plan and schedule, stormwater planning narrative, impact statement describing the project's effects on surrounding transportation, including traffic counts and flows from the proposed project and existing counts, a narrative description of how traffic will be managed and controlled (and calmed) as appropriate for the development, description of green space and public/community space proposed for the project; and

(19)

The application must be signed by the owner, developer and engineer (licensed in Georgia with stamp affixed).

(b)

The county commissioners shall take action on the application within 90 days after the application is deemed complete.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

Following approval of a schematic development plan and rezoning, an applicant shall submit to the planning commission a final site plan for approval, which shall be in accord with the approved schematic development plan, and shall include the following:

(1)

All information required pursuant to section 13.11 of this ordinance;

(2)

Proposed phasing or staging plan of development and information regarding the consistency of such plan with the provision of public facilities;

(3)

Demonstration of compliance with the approved schematic development plan;

(4)

A proposed covenant, suitable for filing in the deed records of Meriwether County, which shall indicate in specific language that the property which is the subject of the application is restricted in its use and/or development standards to the schematic development plan and any accompanying or qualifying text material submitted with such plan, as such plan may be approved or modified by the county commissioners at the time of final site plan review. The covenant to be filed in the deed records shall also indicate that such restrictions shall be in effect until such time as the property may be rezoned, at which time such restrictions shall be removed; and

(5)

A site plan enforcement agreement to be signed by the applicant requiring the applicant to execute all of the features shown on the site plan and the sequences and timing when said features will be completed. The county commissioners may, in their sole discretion, require that a bond, letter of credit or other security of a duration and amount acceptable to the county secure the performance of the terms of the agreement. Subsequent to the completion of work, the county manager is authorized to declare as abandoned and forfeited any cash bond posted pursuant to a requirement of this chapter, and relinquish proceeds thereof to the general treasury of the county, after giving the applicant or permittee who posted the cash bond 30 days' written notice by registered mail. Upon failure to request of the county return of the cash bond as provided herein, the applicant or permittee, its successors, heirs and assigns relinquish all claims to said cash bond. The county shall also have the authority to suspend and withhold any and all permits for any work lying within the PUD zone to ensure compliance with the standards and requirements set forth for the designated zone.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

The county commission shall approve PUD zoning and the accompanying schematic development plan only upon finding that:

(1)

The application meets or accomplishes the purposes, objectives, and minimum standards and requirements of the zone; and

(2)

The application and site plan will be internally and externally compatible and harmonious with existing and planned uses in the PUD-zoned areas and adjacent areas.

(b)

The county commissioners shall approve a schematic development plan only upon finding that:

(1)

The plan is substantially in accord with the approved site plan; and

(2)

The plan meets or accomplishes the purposes, objectives and minimum standards and requirements of the zone; and

(3)

The plan will be internally and externally compatible and harmonious with existing and planned uses in the PUD-zoned areas and adjacent areas; and

(4)

The existing or planned public facilities are adequate to service the proposed development contained in the plan; and

(5)

The development staging or phasing program is adequate in relation to the provision of public facilities and private amenities to service the proposed development.

(c)

The county commissioners shall approve a final site plan consistent with the findings required in section 13.12, and upon considerations, determinations and powers set forth in this section. The county commissioners shall, as a condition of approval, require the posting of all necessary bonds or other security instruments, execution of required agreements, and recording of covenants.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

Amendments to a final site plan may be permitted and are to be approved by the county commissioners in accordance with the submission requirements of this chapter.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

The county shall adopt, as part of a schematic development plan in the PUD zone, an urban and architectural code as regulations, rules or standards specific and unique to the application under consideration.

(b)

Such rules, regulations and standards shall apply to:

(1)

Building/structure setbacks and lot coverage;

(2)

The location and type of accessory buildings and structures;

(3)

Type and nature of accessory uses; and

(4)

Appearance of buildings and structures, configuration of building elements and type of building materials; provided, however, no such rules, regulations and standards shall exceed any maximum development standard or be less than any minimum development standard or permit any use otherwise prohibited in the PUD zone. All owners of property subject to the final site plan and their assigns shall be notified (by the developer) of such rules, regulations and standards at the time of taking title to property located within the final site plan area.

(c)

No person, firm or corporation may violate any requirement of this article, to include, but not limited to, deviation from the requirements of the final site plan, and any such violation shall be enforceable by the county and subject to such enforcement and penalties provided by zoning ordinance.

(d)

A community architect shall be commissioned by the developer as a method of ensuring compliance with the urban and architectural code. Said architect shall be retained by the developer and/or homeowners' association until such time as the last lot in the PUD zone at issue is developed.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

For each submission (application for site plan approval, application for schematic development plan approval, and application for final site plan approval) the county commissioners shall have 90 days to either disapprove or approve the application. If an application is disapproved, the grounds for disapproval shall be stated in writing and transmitted to the owner or agent of the property and the developer if those two entities are not the same.

(b)

Any applicant aggrieved by the decision of the county commission may seek judicial review by filing for a writ of certiorari in the Superior Court of Meriwether County within 30 days of the decision.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)