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Peachtree Corners City Zoning Code

ARTICLE XIX

APPENDIX OF INACTIVE ZONING DISTRICTS

Sec. 1900.- Purpose.

This appendix is provided as a reference for projects developed under prior to adoption of current regulations. No new zoning applications will be accepted for the following zoning districts.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1901. - R-TH Single-Family Residence Townhouse District.

(Prior to January 2005). This zoning district is intended primarily for rowhouse or townhouse attached or detached single-family dwelling units. Such dwelling units may be held in the condominium form of ownership, or in fee simple. It is not the intention of City of Peachtree Corners or of this ordinance to determine or dictate which form of ownership is most desirable.

Within the R-TH Single-Family Residence Townhouse District, the following requirements shall be met:

a.

All dedicated street rights-of-way shall be a minimum of fifty (50) feet.

b.

Front and rear yard setbacks shall total a minimum of 75 feet with a minimum of 20 feet for a yard which faces on an interior street. If the subject property abuts property zoned R-60, R-75, R-100, or property developed as same, the rear yard setback shall be 40 feet at the point of abutment.

c.

Side yards shall be a minimum of 20 feet to any exterior property line. Side yards between individual units, groups of units or rows of units shall be determined based upon individual site plan review.

d.

Densities shall not exceed eight (8) units per gross acre.

A minimum of two (2) off-street parking spaces per unit shall be provided.

e.

A minimum of a two-(2)-hour rated firewall shall be required between each attached dwelling unit. A four-(4)-hour rated firewall shall be required between every fourth attached dwelling unit. Firewalls shall be constructed in accordance with applicable building codes of City of Peachtree Corners.

The specific requirements set forth above are not necessarily exhaustive of all requirements or conditions which the City Council may require prior to approval of any rezoning application under this district. This enactment specifically reserves, in the favor of the City Council, the discretion to deny any individual rezoning application submitted hereunder, if after review of the site plan and other materials submitted therewith and a careful consideration of all of the facts and circumstances relating to the proposed development, the City Council deems the proposed development not to be in the best interest of the health, safety and welfare of the present and future citizens of Peachtree Corners.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1902. - R-ZT Single-Family Residence Zero Lot Line/Townhouse District.

(Prior to January 2005). This district is intended to provide areas for the development of moderate density residential uses and structures in moderately spacious surroundings. It is intended that these districts be located in the urban and suburban portions of City of Peachtree Corners where a protected environment suitable for moderate-density residential use can be provided, as well as in established moderate-density residential areas as a means to ensure their continuance. The use of this district is also appropriate on a smaller scale in the suburban portions of the City as a transitional zone between low-density residential districts and commercial districts, industrial districts, or major transportation arteries, or other uses that are not compatible with a low-density residential environment. In fulfilling the intent of this district, the townhouse or rowhouse concept may be used which permits the construction of single-family dwellings immediately adjacent to one another without side yards between the individual units and which units may or may not be structurally connected. The intent of this district may also be fulfilled by the use of the Zero Lot Line concept, which permits the construction of detached single-family dwellings on lots without a side yard requirement on one side of the lot. This concept permits better use of the entire lot by compacting the usual front, rear and side yards into one or more internal gardens which may be completely walled in or screened.

A.

Within the R-ZT Single-Family Residence Zero Lot Line/Townhouse District, the following uses are permitted:

1.

Zero Lot Line Single-Family Detached Dwellings.

2.

Townhouses.

3.

Single-Family Detached Dwellings.

4.

Customary Home Occupations (provided the building lot is a minimum of 60 feet in width and 7,200 square feet in area).

B.

Within the R-ZT Single-Family Residence Zero Lot Lot/Townhouse District, the following requirements shall be met:

1.

Maximum density shall not exceed eight (8) units per acre for attached dwelling units and six (6) units per acre for detached dwelling units.

2.

Minimum lot width for Zero Lot Line or single-family detached units - 40 feet. Minimum lot width for townhouse attached units - 22 feet. Zero Lot Line or single-family detached lots shall maintain a minimum road frontage of 20 feet. Townhouse lots shall maintain a minimum road frontage of 15 feet.

3.

Minimum front yard depth shall be 20 feet.

4.

Minimum side yard depth - None for townhouses except that on corner lots the minimum side yard of the corner side shall be 20 feet. Zero lot line lots shall have a zero (0) foot side yard on one (1) side and a minimum of ten (10) feet on the opposite side. Single family detached units shall have a minimum five (5) foot side yard on each side.

5.

Minimum rear yard depth - When abutting an R-75 or R-100 district, the rear yard shall be equal to the required buffer plus an additional five (5) feet. However, the rear yard setback shall not be less than 25 feet.

6.

Maximum height - 35 feet or two and one-half (2½)stories.

7.

Provide two (2) or more off-street parking spaces per dwelling unit.

8.

Provide sidewalks adjacent to interior streets, excluding cul-de-sac turnarounds.

9.

Provide a minimum 40-foot building setback adjacent to exterior streets. The setback may be reduced to 30 feet if a berm, landscaping, fence or wall is provided adjacent to the exterior street(s).

10.

A maximum of eight (8) dwelling units shall be allowed in each row of townhouses. When an end unit of a townhouse row does not side on a street, an open space or court of at least twenty (20) feet in width shall be provided between it and the adjacent row of townhouses, and this open space shall be divided between the two (2) immediately adjacent townhouse lots as to property or lot lines.

11.

Where townhouse lots and dwelling units are designed to face upon an open or common access court rather than upon a street, this open court shall be a minimum of forty (40) feet in width and said court shall not include vehicular drives or parking areas.

12.

Townhouses shall be constructed up to side lot lines without side yards, and no windows, doors, or other opening shall face a side lot line except that that the outside wall of end units may contain such openings.

13.

Zero Lot Line dwellings shall be constructed against the lot line on one (1) side of a lot, and no windows, doors, or other openings shall be permitted on this side. The access for exterior maintenance shall be assured through a perpetual wall maintenance easement of five (5) feet in width, as necessary.

14.

A minimum of a two-(2)-hour rated firewall shall be required between each attached dwelling unit. A four-(4)-hour rated firewall shall be required between every fourth attached dwelling unit. Firewalls shall be constructed in accordance with applicable building codes of City of Peachtree Corners.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1902.1. - All R-ZT Amendments to be Conditional Zoning Amendments.

All R-ZT Single-Family Residence Zero Lot Line/Townhouse amendments to the Official Zoning Map shall be conditional amendments. In addition to any other conditions that may be imposed by the City Council pursuant to the provisions for conditional zoning in this 2012 Zoning Resolution, a Concept Plan showing the approximate location of all buildings, walls, fences, property lines, landscaping, parking areas and uses and any other features deemed appropriate by the City Council as a result of the above concept plan review and public hearing, shall be included as part of the amendment, and the use of the property for its zoned purposes shall be conditioned on said concept plan.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1902.2. - Concept Plan Review.

The purpose of the concept plan review is to encourage logic, imagination, innovation and variety in the design process and ensure the soundness of the proposed development and its compatibility with the surrounding area. The Director of Planning and Development shall review plans for compliance with concept plan review criteria. The recommendations of both the Director of Planning and Development and the Planning Commission shall be transmitted to the City Council.

A.

Required Exhibits. The following exhibits shall be prepared by design professionals, such as planners, engineers, architects or landscape architects and submitted to the Department of Planning and Development. No application for an R-ZT district shall be accepted for processing without these required exhibits.

1.

A location map indicating existing zoning on the site and the adjacent areas.

2.

A concept plan drawn no smaller than one (1) inch equals 100 feet, including the following information:

a.

Lot lines and setbacks;

b.

Location, shape, size and height of existing and proposed buildings, decorative walls and elements and entrance features;

c.

Topography with contour intervals no greater than 20 feet;

d.

Lakes, ponds and floodplains and the sources of floodplain data;

e.

Stormwater detention areas;

f.

Existing and proposed landscaping;

g.

Recreation facilities (if applicable);

h.

Stages of development, if any;

i.

Location of off-street parking.

3.

Floor plans and elevations of all typical units and any other structures such as recreation buildings.

4.

Information indicating the following:

a.

Gross and net acreage (see definition of net density);

b.

Lot sizes (dimensions and square footage);

c.

Building heights and stories;

d.

Building coverage for each lot;

e.

Amount of common open space in square feet (if applicable);

f.

All tree areas to be retained or added;

g.

Parking facilities;

h.

Other architectural and engineering data as may be required to evaluate the project.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1904. - Chattahoochee River Tributary Protection: Stream Buffer Zones Required.

This section of the Zoning Resolution is adopted pursuant to the requirements of O.C.G.A. § 12-5-453.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1904.1. - Findings and Purposes.

The City of Peachtree Corners City Council finds that:

1.

The Chattahoochee River provides multiple benefits, which include use of the river as the primary water supply for metropolitan Atlanta.

2.

The water quality of the Chattahoochee River depends upon the water quality of the flowing streams tributary to the river.

3.

Sediment and other polluting materials and conditions, including, but not limited to, pesticides, nutrients such as nitrogen and phosphorus, toxic materials, and elevations in water temperatures, are harmful to the water quality of the river and its tributaries.

4.

The riparian vegetation along these watercourses helps preserve water quality. Dense tree growth helps to prevent stream bank erosion and streamside vegetation reduces the amount of sediment and other polluting materials that would otherwise wash into streams. Riparian trees, by shading, help maintain cooler water temperatures and thus enhance water quality.

Purposes are:

1.

Promote health, safety and general welfare; to minimize public and private losses due to erosion siltation and water pollution.

2.

Create vegetation buffer areas adjacent to tributary streams in the drainage basin of the Chattahoochee River.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1904.2. - Stream Buffer Zone.

This protection area means the stream channel and the land area extending outward thirty-five (35) horizontal feet from the banks on either side of all flowing streams in the drainage basins of all tributaries of the Chattahoochee River located in [the] City of Peachtree Corners. A flowing stream is defined for the purpose of this section as any stream that is portrayed on the most current United States Geological Survey 7.5 minute quadrangle as a perennial stream Fifteen (15) feet adjacent to the stream bank of said area will be left as a natural buffer and 35-foot minimum will be left as an accessory building setback. (This is not a change in the minimum rear yard setback nor permission to build in the floodplain.) Stream buffer zone (i.e., 15 feet from bank) must be shown on final subdivision plats, commercial and industrial site plans and multi-family residential site plans.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1904.3. - Permit Required.

No person shall engage in any land disturbing activity within the area without having obtained a development permit or building permit from the Department of Planning and Development.

No permit will be issued for any land disturbing activity within the protection area unless the land disturbing activity is for the purpose of constructing one (1) of the following:

1.

A stream crossing by a driveway, transportation route, or a public utility including sanitary sewer lines.

2.

The construction of public utilities including sanitary sewer lines.

3.

A dam and/or impoundment, a detention, retention, or sediment control pond or facility.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

Sec. 1904.4. - Exception.

The provisions of this section shall not apply to:

1.

Any public agency or its contractor.

2.

Any person performing work within a right-of-way of any public agency pursuant to a permit issued by such public agency.

3.

Emergency work necessary to preserve life or property provided a written factual report is presented to the Director of Planning and Development within ten (10) days.

4.

Any development which has received a development permit prior to the adoption of this Section.

5.

Any work consisting of the operation, repair or maintenance of any lawful use of land existing on the date of adoption of this Section.

(Ord. No. 2016-02-69, Exh. A, 2-28-2016)

EXHIBIT B

MAYOR AND CITY COUNCIL ZONING HEARING POLICIES AND PROCEDURES FOR THE CITY OF PEACHTREE CORNERS CONSISTENT WITH THE ZONING PROCEDURES ACT OF THE STATE OF GEORGIA

WHEREAS, the City of Peachtree Corners' Mayor and City Council Zoning Hearing Policies and Procedures are attached hereto and incorporated herein and shall govern the procedures for conducting public hearings on zoning matters; and

WHEREAS, the first reading of this Ordinance was held on February 16, 2016 and the second reading and Public Hearing pursuant to O.C.G.A. § 36-66-5 were held on February 28, 2016; and

WHEREAS, this Ordinance shall become effective upon adoption.

BE IT ORDAINED by the City of Peachtree Corners, GA while in special called meeting on February 28, 2016, that the Mayor and City Council Zoning Hearing Rules and Procedures, as attached hereto and incorporated herein, are hereby adopted and approved as follows:

SECTION 1. That before adopting any change to the Zoning Map or Zoning Decisions as defined in OCGA §36-66-3, the Mayor and City Council shall hold a public hearing following the public hearing by the Planning Commission where a recommendation was made on the petition.

SECTION 2. That notice of the Planning Commission and the Mayor and City Council hearings shall be given simultaneously at least 15 days but not more than 45 days prior to the date of the Mayor and City Council's public hearing and shall be published in a newspaper of general circulation. Re-notification is not required when a petition is deferred by the Mayor and City Council.

SECTION 3. That the applicant or agent shall post a free standing sign, not attached to any tree or utility pole, as issued by Planning and Zoning Division in a conspicuous location on each public street frontage of the subject property not later than the 15th day prior to the Planning Commission hearing.

SECTION 4. That the sign shall be mounted and posted as specified by Planning and Zoning Division. Property that is not posted on the 15th day before the scheduled first hearing date will be administratively removed from the agenda.

SECTION 5. That when the Planning Commission or the Mayor and City Council defers a petition, the applicant is required to post an updated sign with new hearing dates 15 days prior to the next scheduled hearing date. When a petition is deferred by the Mayor and City Council for less than 15 days, posting an updated sign is not required.

SECTION 6. That the Planning and Zoning Division shall give notice by regular mail to all property owners within 300 feet of the boundaries of the subject property who appear on the tax records of Gwinnett County as retrieved by the City's Geographic Information System. The notices shall be mailed a minimum of 15 days prior to the hearing date. Re- notification by mail is not required when a petition is deferred by the Mayor and City Council.

SECTION 7. That the published and mailed notices shall contain the time, place, and purpose of the hearing, the location of the property, and the present and proposed zoning classifications and/or requested use permit. The posted sign shall include the public hearing number and the date, time, and location of the public hearing. Notice shall not be considered inadequate if the mail is not delivered.

SECTION 8. That the First Reading of this ordinance was on February 16, 2016.

SECTION 9. That the conduct of zoning hearings in Peachtree Corners shall follow the script as set out below:

MAYOR AND CITY COUNCIL ZONING HEARING POLICY AND PROCEDURES SCRIPT

The Mayor and City council have previously adopted procedures for holding public hearings. Additionally, you will find a copy of the standards of review available at the sign-in table. The City Clerk will call cases on the agenda for public hearing. The Community Development Department will provide a summary of the application and present any recommendations or result of an investigation. The Community Development Director shall make a presentation of the case, after which Mayor and Council may ask questions of the Community Development Director or other city representative providing the report or recommendations.

After presentation by Community Development Director, the Mayor shall then ask for public comment in support of the zoning request which may include, but is not limited to, the applicant. Those speaking in favor of the zoning request shall be provided a time period of ten (10) minutes to present data, evidence and opinions in support of the zoning request. Those wishing to speak in support of the zoning request may divide their time as they see fit, and the applicant may reserve time for the ten (10) minute allotment for rebuttal. Any member of the Council, upon recognition by the Mayor, may ask questions of the applicant or agent of the application. The period of questions from council shall not be deducted from the applicant's ten (10) minute period.

At the conclusion of the presentation of data, evidence and opinions in support of the zoning request, those who wish to speak in opposition to the zoning request shall be provided a time period of ten (10) minutes to present data, evidence and opinions in opposition to the zoning request. Those wishing to speak in opposition to the zoning request may divide their time as they see fit. The city shall not be obligated to provide the full ten (10) minute period to the opponents if they elect not to use that much time. Any member of the Council, upon recognition by the Mayor, may ask questions of any person giving public comment. The period of questions from council shall not be deducted from the ten (10) minute period. .

At the conclusion of the public comment from opposition, the applicant shall be permitted to utilize any time reserved from the initial ten (10) minutes for rebuttal.

After completion of this procedure, the Mayor will indicate that the public hearing is closed. Upon closing of the public hearing, there shall be no more addressing of the Mayor or Council by either the applicant or opposition.

Exhibit "C"

Official Zoning Map for the City of Peachtree Corners

Dated, February 2014
As Adopted February 28, 2016