It is the intent of this article to establish Zoning Districts to ensure the compatible use of and to ensure desirable conditions within the City of Port Wentworth to live, work, conduct business, and visit.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Zoning Districts. The City of Port Wentworth is divided into the following Zoning Districts:

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Zoning Map. The location and boundaries of the Zoning Districts are established and shown on a map titled "The Zoning Map of the City of Port Wentworth, Georgia," as amended from time to time. The official and final Zoning Map shall be publicly displayed at the Community Development Department office. The Zoning Map is declared to be part of the Zoning Ordinance.

B.

Rules. When uncertainty exists with respect to the location of boundaries of any zoning district as shown on "The Zoning Map of the City of Port Wentworth, Georgia," the following rules shall apply:

1.

Unless otherwise specifically indicated, where district boundaries are indicated on the zoning map as approximately following the centerline of a street, highway, railroad right-of-way line, stream bed, or riverbed, or such centerlines extended, then that centerline shall be constructed to be the boundary.

2.

Where district boundary lines are indicated on the zoning map as approximately following the corporate limits line of the City of Port Wentworth, then the corporate limits line shall be construed to be the district boundary.

3.

Where district boundaries are indicated on the zoning map as being set back from a street, road, highway, railroad, stream, or river, and parallel thereto, then such district boundaries, unless otherwise specifically indicated, shall be construed as being at the scaled distance of the zoning map as measured from the centerline of such street, road, highway, railroad, stream or river and as being parallel thereto.

4.

Where district boundaries are indicated on the zoning map as approximately following lot lines or such lot lines extended, then those lot lines or lot lines extended shall be construed to be the district boundaries.

5.

Where a district boundary divides a lot, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot; provided however, that such extension shall not include any part of the lot which lies more than fifty (50) feet beyond the district boundary and provided further that this provision shall not apply to a through lot. In the case of a through lot, the restrictions of the district applying to adjoining lots that front on the same street as the lot frontage in question shall apply.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Vacated Land. Whenever any street, alley, or other public way within the City is vacated by official governmental action and the lands within those vacated lands attach to and become a part of lands adjoining the street, alley, or public way, those lands shall automatically be subjected to the same zoning regulations as are applicable to the adjoining lands.

B.

Annexed Land. When land is annexed into the City, it shall be zoned R-1 until or unless the City Council takes action to classify it as another zoning district.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A lot or parcel shall not be devoted to more than one (1) principal use or contain more than one (1) principal building, except for groups of multiple family buildings, commercial establishments, or industrial buildings which are determined by the Zoning Administrator to be a principal use collectively, based on one (1) or more of the following considerations:

A.

Individual buildings share common parking areas.

B.

Access to the buildings/uses is provided via shared access drives or streets.

C.

Buildings are under single ownership.

D.

Individual activities support one (1) another (such as auto dealership/vehicle repair or a convenience store/restaurant/gas station).

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Intent. Since every potential use cannot be addressed in this ordinance, each district provides for "similar uses" referencing this section.

B.

Request for Determination. Requests for a use not specifically addressed in any zoning district shall be submitted to the Zoning Administrator for review based on the following standards:

1.

A finding has been made by the Zoning Administrator that the proposed use is not listed as a permitted or special use in any zoning district.

2.

If the use is not addressed in this ordinance, the Zoning Administrator shall select the use which most closely approximates the proposed use, using criteria such as: the nature of the use; conformance with the purpose of the zoning district in which the similar use is permitted; aesthetic and traffic characteristics; and potential nuisance effects (noise, vibration, dust, smoke, odor, glare, hours of operation, etc.).

3.

Once a similar use is determined, the proposed use shall comply with any conditions and review procedures applicable to that use, including rezoning (if applicable) and compliance with the specific use requirements of this ordinance, as applicable.

4.

If the Zoning Administrator determines a proposed use is not similar to any use addressed in the ordinance, the applicant may petition for an amendment to the ordinance, as governed by this ordinance, to permit the use.

5.

The determination as to whether a proposed use is similar in nature and class to another permitted or special use within a district shall be considered an interpretation of the use regulations, not a variance applying to a particular situation. Any use determined by the Zoning Administrator to be similar shall thereafter be included in the enumeration of uses allowed within the particular zoning district.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

This page is intentionally blank.

A.

Introduction. This article outlines the intent and purpose statements for the residential Zoning Districts and contains basic information pertaining to the land use, dimensional, and building requirements for properties in the City of Port Wentworth.

B.

Zoning Districts. The City is divided into five (5) residential Zoning Districts described in Section 3.20. Each zoning district has unique requirements concerning land use and site development.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Single-Family Residential (R-1). This district is intended for detached single-family residential dwellings on larger lots, primarily within rural areas with historic established neighborhoods, but may transition through rezoning to higher-density districts in the future. The district also allows for limited civic and recreational uses. Characteristics of lands zoned R-1 include open space, fields, farmland, and minor subdivisions in areas that are not conducive to pedestrian or bicycle travel.

B.

Suburban Single-Family Residential (R-2). This district is intended for detached single-family residential dwellings on typical suburban-scale lots. The district also allows for limited civic and recreational uses. Characteristics of lands zoned R-2 include major subdivisions with curvilinear and grid pattern street systems with moderate connectivity between neighborhoods and commercial areas, as well as sidewalks and community amenities.

C.

Old Town Residential (R-3). This district is intended for a range of detached single-family dwellings, two-family dwellings, and attached single-family townhomes within the Old Town area of Port Wentworth. This district recognizes the Old Towns as a traditional urban village where infill or redevelopment projects may occur. Characteristics of lands zoned R-3 include established neighborhoods on traditional grid pattern street systems with sidewalks, or the feasibility of sidewalks, as it is a walkable traditional neighborhood.

D.

Mixed Residential (R-4). This district is intended for attached single-family townhomes. The district also allows for limited civic and recreational uses, as well as single-family and two-family residences on smaller urban-scale lots. Characteristics of lands zoned R-4 include major subdivisions with curvilinear and grid pattern street systems with significant connectivity between neighborhoods and commercial areas, as well as sidewalks and community amenities.

E.

Multi-Family Residential (R-5). This district is intended for multi-family residential buildings. This district also allows for limited civic and recreational uses, as well as single-family and two-family residences and townhomes. Characteristics of lands zoned R-5 include apartment complex facilities and denser townhome communities closer to goods and services or planned mixed-use village areas. Developments include sidewalks and community amenities.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Requirements. Land and buildings shall only be used in accordance with Table 3.30.

1.

Permitted Use (P). This use is authorized by-right, subject to all other applicable provisions of this ordinance.

2.

Special Use Permit Required (S). This use is subject to review in accordance with Article 14.

3.

Permitted Use or Special Use (P/S). The designation will depend on whether the principal use or similar land use is a permitted (P) or special use (S).

4.

Not Permitted. A cell marked with two (2) dashes (- -) indicates that a use is not permitted.

B.

Other Requirements. See the referenced section for additional requirements specific to the land use if noted in the far-right column.

C.

Land Use Definitions. See Article 25 for definitions of the land use terms in Table 3.30.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Intent. This section includes the dimensional requirements for lots and the requirements for the location and size of buildings.

B.

Applicability.

1.

Lots. All lots shall meet the minimum area and width requirements of Table 3.40 A, B, C, and D. Lots shall not be created or changed in dimension except in conformance with these requirements.

2.

Buildings. The placement of principal buildings shall conform to the minimum dimensional and sizing requirements listed in this section, as applicable. Accessory buildings shall comply with the requirements of Section 6.20.

3.

Specific Use Requirements. Stricter lot, building, and siting requirements may be included in Article 7 for specific land uses.

¹ See Section 6.50 B for frontage requirements and cul-de-sac reductions.

² Minimum lot area, width, and frontage for each dwelling unit.

³ A front-loaded building means the garage(s) and driveway(s) are oriented toward the primary street they face. Note restrictions for front-loaded townhomes in Section 3.50 D.2.

⁴ A rear-loaded building means the garage is in the back yard, back of home, or is oriented toward an alley.

⁵ Only applicable to end units on each side of the townhouse building.

¹ Minimum lot area and width for each dwelling unit (width not applicable to multiple-family).

² See Section 6.50 B for frontage requirements and cul-de-sac reductions.

³ A front-loaded building means the garage(s) and driveway(s) are oriented toward the primary street they face. Note restrictions for front-loaded townhomes in Section 3.50 D.2.

⁴ A rear-loaded building means the garage is in the back yard, back of home, or is oriented toward an alley.

⁵ Only applicable to end units on each side of the townhouse building. In a development with common open space between buildings with no lot line between the townhouse buildings, buildings shall be separated by a minimum of 20 feet (side to side).

⁶ In a development with common open space behind buildings, the rear setback from the open space may be reduced to 20 feet.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Intent. Residential building design requirements are intended to ensure that exterior building materials are of high quality, attractive, and consistent with other buildings within the same zoning district. Further, they are intended to ensure:

1.

Context-sensitive and compatible infill development in existing neighborhoods;

2.

Architectural diversity to avoid repetitive styles of buildings;

3.

High-quality and lasting buildings that will add value to the community;

4.

A pedestrian and bicycle-friendly environment; and

5.

The minimization of the visual impact of street-facing garages.

B.

Primary Siding Material. Durable and quality materials shall be used for siding on all residential buildings, including any of the following:

1.

Brick.

2.

Stone.

3.

Cementitious material.

4.

Wood siding.

5.

Vinyl siding certified by the Vinyl Siding Institute with a thickness of four-hundredths (0.040) inch or greater.

6.

Exterior Insulation and Finish Systems (EIFS).

7.

Other materials as approved by the City Council after a recommendation from the Planning Commission.

C.

Single-Family and Two-Family.

1.

Orientation and Placement within a Major Subdivision.

a.

The orientation of the primary entry and building façade shall be consistent with the established pattern along the same side of the block.

b.

Buildings shall not be constructed diagonally or skewed on the lot.

2.

Garages.

a.

Street-facing garages.

i.

Street-facing garages shall not comprise more than fifty (50) per cent of the front width of the front façade.

ii.

Garages shall not protrude toward the street in front of the primary façade of the structure. All street-oriented garages shall recess a minimum of ten (10) feet behind the front building elevation (including side-oriented garages) or a front porch if the porch is at least five (5) feet deep by eight (8) feet wide. However, subdivision developments where at least one (1) phase has been built out with homes shall be exempt from this requirement.

b.

Where an alley exists to the rear of a lot, garages shall be rear-loaded and accessed from the alley.

3.

Variety.

a.

A residential development shall have a variety of house models. The following table indicates the minimum number of different types of house models for developments of various sizes:

b.

Each house model shall have multiple characteristics that clearly distinguish it from the other house models, such as different exterior materials, rooflines, garage placement, architectural style, number of stories, and/or building face.

c.

No more than two (2) of the same house model can be located adjacent to one (1) another in developments that are required three (3) or more house models.

4.

Other Construction Requirements:

a.

Minimum width from any direction of a dwelling unit shall be sixteen (16) feet.

b.

Roof pitch shall be no less than 2:12.

c.

Foundations shall be of permanent construction.

D.

Townhome Buildings.

1.

Orientation and Placement.

a.

The orientation of the primary entry and building façade shall be consistent with the established pattern along the same side of the block.

b.

Buildings shall not be constructed diagonally or skewed on the lot.

2.

Garages. Detached garages shall be located in rear yards. Attached garages shall be oriented toward the rear yard or a rear alley.

E.

Multi-Family Buildings, Nursing Homes, and Assisted Living Facilities.

1.

Orientation. To the maximum extent feasible, the primary entrance and façade of individual buildings shall be oriented towards:

a.

Primary, internal, or perimeter streets; or

b.

Common open space, such as interior courtyards, parks, or on-site natural areas or features with a clearly defined and easily accessible pedestrian circulation system.

2.

Garages. Garage entries shall be internalized in building groupings and located away from street frontages or accessed using an alley.

3.

Massing and Form. One (1) or more of the following techniques shall be used to reduce the overall bulk and mass of individual buildings:

a.

Breaking up the mass of the multi-family building by stepping back the façade (minimum two (2) feet deep and one (1) foot wide) for every thirty (30) feet of building frontage so that the building appears from the street to be separate homes.

b.

Organizing units around a central courtyard that maintains the impression of the traditional side yard setback between units along the street frontage.

c.

Designing the multi-family building so that the massing, arrangement of architectural elements, and use of exterior materials give the appearance of a large single-family home or townhome.

4.

All-Sided Design. Although the front façade of a building is expected to be the primary focal point in terms of the level of architectural character and features, all sides of a multi-family residential building shall incorporate architectural detailing that complements the front façade and provides visual interest. Blank walls void of architectural detailing are prohibited. Five (5) architectural features listed below shall be incorporated into the overall design on each side of the building:

a.

Covered porches.

b.

Balconies.

c.

Prominent entry features.

d.

Windows.

e.

Door openings.

f.

Distinct variations in color (not a slight variation of a similar hue, such as beige or pastel).

g.

Variations in materials.

h.

Variations in building height.

i.

Variations in roof form.

j.

Dormers.

k.

Projected or recessed building walls.

l.

Other architectural features as approved by the City Council after a recommendation from the Planning Commission.

F.

Manufactured Homes. Compatibility standards for manufactured homes meeting the definition of "single-family dwelling" are as follows:

1.

Manufactured Homes qualifying as single-family dwellings shall be compared to site built and other housing in the immediate general area within the same zoning or residential district or area. Approval shall be granted upon the finding that the manufactured home is substantially similar or superior in size, siding material, roof material, foundation, and general aesthetic appearance to:

a.

Site-built or other forms of housing which may be permitted in the same general area under this ordinance; or

b.

Existing development; or

c.

Proposed development in the same zoning district or area.

2.

All towing devices, wheels, axles, and hitches must be removed.

3.

At each exterior door, there must be a landing that is a minimum of thirty-six (36) inches by forty-eight (48) inches.

G.

Illegal Dwellings.

1.

The use of any floor area below base flood elevation for dwelling purposes is prohibited in all Zoning Districts unless the floor area meets the applicable building code and flood mitigation requirements.

2.

Buildings erected as garages or accessory buildings, except approved accessory dwelling units, shall not be occupied for dwelling purposes.

H.

Architectural Deviations. Except for Section 3.50 G, deviations from the requirements of Section 3.50 may be authorized after a recommendation of the Planning Commission and approval by the City Council.

1.

In determining if a deviation is warranted, the following shall be considered:

a.

The proposed architectural design and/or building material is equal or superior to these requirements as it relates to achieving the character desired by this section.

b.

The proposed architectural design and/or building material better fits the character of the area than when it strictly conforms to the requirements of this section.

c.

The deviation has no significant visual impact or distinction from the public right-of-way or adjacent properties.

d.

The applicant shall demonstrate that conformance with the requirements is impractical due to complexity, but this factor alone shall not be the sole reason for granting a deviation.

2.

The City Council may grant a lesser deviation than requested.

3.

The City Council may attach conditions necessary to uphold the intent of this section.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

See Section 4.50 for building requirements for non-residential buildings located within residential Zoning Districts.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

In addition to the requirements of this article, the following articles may apply to the development of land and certain uses and activities:

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

See the following articles and sections for review processes and procedures:

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Introduction. This article outlines the intent and purpose statements for the commercial and industrial Zoning Districts and contains basic information pertaining to the land use, dimensional, and building requirements for properties in the City of Port Wentworth.

B.

Zoning Districts. The City is divided into four (4) commercial and industrial Zoning Districts described in Section 4.20. Each zoning district has unique requirements concerning land use and site development.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Neighborhood Commercial (C-1). This district is intended to encourage and accommodate a walkable downtown area with storefronts on the ground story and upper story residential, local market retail, personal services, restaurants, entertainment, offices, and professional services. Sites are located near the established commercial core of the Old Town area of the City of Port Wentworth. Characteristics of uses and land in C-1 include daytime and early evening operations, smaller-scale and mixed-use buildings, sidewalk sales, and on-street parking.

B.

General Commercial (C-2). This district is intended for a range of retail, office, and service uses, such as large-scale retailers, restaurants, office buildings, professional services, and other related commercial uses serving local and regional markets. Sites may be closer to residential areas and, in some cases, are part of mixed-used development and typically have easy access to arterials or major roadways. Characteristics of uses and land in C-2 may include daytime and early evening operations, larger employers, outdoor sales areas, pedestrian-oriented design, generous landscaping and greenspace, and larger parking areas for higher volumes of customers and visitors.

C.

Interchange Commercial (C-3). This district is intended for uses such as accommodations, fast food restaurants, vehicle service stations, convenience retail stores, and other service uses that primarily cater to individuals traveling or commuting by cars or commercial vehicles on the interstate highway or major state routes. Sites in this district have direct or convenient access to I-95 or SR-21. Characteristics of uses and land in C-3 include drive-through service, twenty-four-hour or late-night operations, fast food and drive-through services, and high-visibility signage or structures.

D.

Industrial (I-1). This district is intended for large and intensive warehousing, distribution, and manufacturing, as well as heavier commercial uses and support services that provide the backbone for economic development and job creation. Sites in this district should have ready access to necessary utilities and direct access to major truck transportation routes with significant separation and buffering from residential areas. Characteristics of uses and land in I-1 may include outdoor storage areas, truck traffic, manufacturing, large buildings, and multiple worker shifts.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Requirements. Land and buildings shall only be used in accordance with Table 4.30.

1.

Permitted Use (P). This use is authorized by-right, subject to all other applicable provisions of this ordinance.

2.

Special Use Permit Required (S). This use is subject to review in accordance with Article 14.

3.

Permitted Use or Special Use (P/S). The designation will depend on whether the principal use or the similar land use is a permitted (P) or special use (S).

4.

Not Permitted. A cell marked with two (2) dashes (- -) indicates that a use is not permitted.

B.

Other Requirements. See the referenced section for additional requirements specific to the land use if noted in the far-right column.

C.

Land Use Definitions. See Article 25 for definitions of the land use terms in Table 4.30.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Intent. This section includes the dimensional requirements for lots and the requirements for the location and size of buildings.

B.

Applicability.

1.

Lots. All lots shall meet the minimum area and width requirements of Table 4.40. Lots shall not be created or changed in dimension except in conformance with these requirements.

2.

Buildings. The placement of principal and accessory buildings shall conform to the minimum dimensional and sizing requirements listed in Section 4.40, as applicable.

3.

Specific Use Requirements. Stricter lot, building, and siting requirements may be included in Article 7 for specific land uses.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Intent. The intent of this section is to ensure that exterior building materials are of high quality, attractive, and consistent with other buildings within the same zoning district. Buildings should have architectural features and patterns that provide visual interest and reduce massive aesthetic effects.

B.

Nursing Homes and Assisted Living Facilities. See Section 3.50 E.

C.

Requirements.

1.

Walls. The exterior walls shall be tilt-up concrete panels, split-faced block, brick on block, or a combination of tilt-up concrete (minimum height ten (10) feet), and metal panel construction. The use of materials such as nondecorative concrete block, corrugated metal, or pre-engineered metals installed with exposed fasteners will be prohibited in connection with the construction of the exterior of any buildings or other improvements.

2.

Architectural Articulation.

a.

Building façades shall include a repeating pattern that shall include no less than three (3) of the elements listed below. Blank areas on walls shall not exceed thirty (30) feet in width. At least one (1) of these elements shall repeat horizontally:

i.

Color and texture change.

ii.

Material change.

iii.

Step backs.

iv.

Change in building, parapet, or roofline height. If used to comply with this standard, the minimum change in roofline shall be two (2) feet.

v.

Awnings, canopies, or marquees extending at least four (4) feet beyond the building face.

vi.

Expression of architectural detail through a change of plane no less than twelve (12) inches in width, such as an offset, reveal, or projecting rib.

b.

These elements shall be integral parts of the building fabric and not superficially applied trim or graphics.

3.

Rooftop Equipment. Exterior rooftop equipment, such as storage tanks, cooling towers, transformers, antennae, electronic receivers, and other similar equipment and facilities, shall be screened from view from adjacent parcels and streets. The materials used for screening shall be compatible in architectural design and aesthetics with building materials employed in the construction of the primary building and other improvements to the parcel.

D.

Architectural Deviations. Deviations from the requirements of Section 4.50 may be authorized after a recommendation of the Planning Commission and approval by the City Council.

1.

In determining if a deviation is warranted, the following shall be considered:

a.

The proposed architectural design and/or building material is equal or superior to these requirements as it relates to achieving the character desired by this section.

b.

The proposed architectural design and/or building material better fits the character of the area than when it strictly conforms to the requirements of this section.

c.

The deviation has no significant visual impact or distinction from the public right-of-way or adjacent properties.

d.

The applicant shall demonstrate that conformance with the requirements is impractical due to complexity, but this factor alone shall not be the sole reason for granting a deviation.

2.

The City Council may grant a lesser deviation than requested.

3.

The City Council may attach conditions necessary to uphold the intent of this section.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

In addition to the requirements of this article, the following articles may apply to the development of land and certain uses and activities:

See the following articles and sections for review processes and procedures:

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

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It is recognized that traditional zoning, with its segregation of uses and rigid dimensional requirements, may not be suitable in all situations to best achieve the objectives of the City relative to desired land use and preservation of its resources and character. In order to permit and encourage more creative and innovative land development for the benefit of the community as a whole and in furtherance of the vision and goals of the City of Port Wentworth Comprehensive Plan, planned unit development (PUD) may be permitted as a zoning district to achieve the following purposes:

A.

Provide for flexibility in development that will result in a better project for the developer, residents, and users, as well as for the City in general;

B.

Preserve existing natural assets, such as stands of trees, floodplains, open fields, marshes, rivers, streams, and the like;

C.

Accomplish a more desirable and sustainable residential environment than would be possible through the strict application of minimum requirements of this ordinance;

D.

Encourage the utilization of open space and development of recreational amenities generally located within walking distance of all living units;

E.

Encourage the use of lands in ways that are most in accord with their character and adaptability;

F.

Result in recognizable public benefits to the community-at-large; and

G.

Allow efficient land use by facilitating economical and suitable arrangements for buildings, streets, utilities, and other land use features.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

At a minimum, all proposed PUDs shall meet the following qualifying conditions, as applicable, to be considered for approval:

A.

Location. PUDs may be located in any part of the City, subject to meeting all other applicable requirements.

B.

PUD Purpose. The applicant shall demonstrate that the PUD will achieve three (3) or more of the purposes listed in Section 5.10.

C.

Size. The minimum site size for a PUD shall be based on the type of development, as shown in the following table. Churches, public or private schools, public buildings, and residential subdivision amenities such as golf courses and health clubs, and their ancillary commercial uses, such as clubhouses and pro shops, shall not be considered non-residential uses for purposes of this condition.

D.

Housing Variety. Any PUD containing residential uses shall include a variety of housing types and/or lot sizes to provide for varying lifestyles, diversity, and affordability.

E.

Utilities. The PUD shall be served by public water and sanitary sewer facilities.

F.

Ownership and Control. The tract(s) of land for which a PUD application is submitted must be either in single ownership or the subject of an application filed collectively by all owners of the property. Each property owner, or their agent, must sign the PUD application.

G.

Recognizable Public Benefit. The PUD shall achieve recognizable and substantial benefits that may not be possible under the existing zoning classification(s). At least two (2) of the following benefits shall be accrued to the community as a result of the proposed PUD:

1.

Preservation of significant natural features not otherwise required by this ordinance;

2.

A complementary mix of land uses or housing types that address a demonstrated community need;

3.

Incorporation of infrastructure improvements or other means to mitigate existing and future traffic congestion in the vicinity of the PUD site;

4.

Preservation of common open space beyond the minimum required;

5.

Connectivity of preserved open space with adjacent open space, greenways, or public trails;

6.

Coordinated redevelopment of multiple lots or parcels; or

7.

Removal or renovation of deteriorating buildings, sites, or contamination clean-up.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

Any land use or combination of land uses may be considered for inclusion within a PUD.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

A.

Minimum Lot Size and Zoning Requirements. Lot area, width, setbacks, height, building coverage, minimum floor area, parking, landscaping, lighting, and other requirements for the district specified in the following table for the proposed use shall apply to all such uses within a PUD unless modified in accordance with the provisions of Section 5.40 B. Within a PUD, the minimum buffer requirements specified in Section 10.40 between uses shall not apply, provided the Planning Commission or City Council may require separation or buffering of uses as a condition of concept plan approval.

B.

Modification of Minimum Requirements. Regulations applicable to a land use in the PUD district may be altered from the requirements specified in Table 5.40, including the following: modification from the lot area and width, building setbacks, height, building coverage, signs, and parking. However, a reduction in lot size shall not result in an increase in the number of parcels or dwellings otherwise permitted by the applicable zoning district unless a density bonus is also granted in accordance with Section 5.40 C. In the absence of a density bonus, land gained by the reduction in lot sizes shall be added to the open space required within the PUD. The applicant for a PUD shall identify, in writing, all proposed deviations from the zoning district requirements. Modifications may be approved by the City Council during the concept plan review stage after Planning Commission recommendation. Adjustments to the minimum requirements may be permitted only if they will result in higher quality and more sustainable development, consistent with the purpose of the PUD district, as expressed in Section 5.10.

C.

Residential Density Bonus. In addition to the modification of minimum requirements permitted in Section 5.40 B, the City Council, after Planning Commission recommendation, may permit an increase, not to exceed twenty (20) per cent, in the total number of residential units otherwise allowed within a PUD, according to the requirements in Table 5.40, where it is demonstrated that:

1.

The appearance and construction will result in a development of high quality, as evidenced by the innovative design and predominant use of building materials such as stone, masonry, wood, and Hardie-plank;

2.

Amenities beyond the minimum required open space will be provided to create a more sustainable community and desirable living environment; and

3.

At least four (4) of the following will be included within the development:

a.

Dedicated common open space is provided in excess of the minimum required, per Section 5.40 D.

b.

One (1) or more parking structures are proposed within a mixed-use or non-residential PUD to meet the minimum parking requirements of this code.

c.

One (1) or more LEED-certified buildings will be constructed.

d.

Significant natural features, in addition to those required, will be preserved and/or substantial landscaping beyond the minimum requirements will be incorporated into the development.

e.

Decorative pavers and/or aesthetic enhancements (e.g., plazas, boulevards, round-a-bouts, ornamental lighting, fountains, and street furniture) will be incorporated into the vehicular and pedestrian circulation system throughout the PUD.

f.

A commercial and/or office component, comprising not less than fifteen (15) per cent of the PUD site is proposed within the development.

g.

Property is to be conveyed to and accepted by the City or school district for a future public use.

h.

Three (3) or more public benefits, as identified in Section 5.20 G, will be achieved.

D.

Common Open Space. For purposes of the PUD requirements, "common open space" is defined as an area of land or water, or a combination of land and water, designed and intended for the perpetual use and enjoyment of the users of the development and/or the general public. Common open space may contain accessory structures and improvements necessary or desirable for educational, noncommercial, recreational, or cultural uses. A variety of open space and recreational areas is encouraged, such as: children's informal play areas in close proximity to neighborhoods or dwelling unit clusters; formal parks, picnic areas, and playgrounds; pathways and trails; scenic open areas and communal, noncommercial recreation facilities; and natural conservation areas. At a minimum, the following regulations shall apply to all common open space within a PUD:

1.

The area of common open space shall not be less than twenty-five (25) per cent of the total land area of a PUD containing any residential units and not less than ten (10) per cent of the total land area in non-residential developments. Land dedicated for recreation, in accordance with Section 5.40 D.2., shall count toward the common open space requirement.

2.

All common open space shown on the final development plan must be reserved or dedicated by conveyance of title to a corporation, association, or other legal entity by means of a restrictive covenant, easement, or through other legal instrument. The terms of such legal instrument must include provisions guaranteeing the continued use in perpetuity of such open space for the purposes intended and for continuity of proper maintenance of those portions of the open space requiring maintenance.

3.

The open space shall meet the following minimum dimensions, contiguity, and connectivity requirements:

a.

The required open space shall be centrally located along the street frontage of the development to protect or enhance views, located to preserve significant natural features, adjacent to dwellings, and/or located to interconnect other open spaces throughout the development or on contiguous properties.

b.

Required open space areas shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of these regulations and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it.

c.

If the site contains a river, stream, or other body of water, the City may require that a portion of the required open space shall abut the body of water.

d.

All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents, visitors, and other intended users of the development. The minimum size of a required open space area shall be fifteen thousand (15,000) square feet; provided, however, that the required open space abutting a public street may be less than fifteen thousand (15,000) square feet; and, further provided, that the City Council, upon recommendation of the Planning Commission, may approve other open space areas of less than fifteen thousand (15,000) square feet if these areas are designed and established as pedestrian or bicycle paths or are otherwise determined to be open space reasonably usable by residents, visitors and other intended users of the development. The minimum average dimension of a required open space area shall be one hundred (100) feet.

e.

Open space areas are encouraged to be linked with any adjacent open spaces, public parks, bicycle paths, or pedestrian paths.

f.

Grading in the open space shall be minimal, with the intent to preserve existing topography, trees, and other natural features, where practical.

g.

A sign, structure, or building may be erected within the required open space if it is determined to be accessory to a recreation or conservation use or an entryway. These accessory structure(s) or building(s) shall not occupy, in the aggregate, more than one (1) per cent of the total open space area. Accessory structures or uses of a significantly different scale or character than present in abutting residential districts shall not be located near the boundary of the development if they may negatively impact the residential use of adjacent lands as determined by the Planning Commission. Pathways, sidewalks, play fields, and courts shall be exempt from this limitation.

h.

The following areas shall not qualify as required common open space for the purposes of this section:

i.

The area within any public street right-of-way.

ii.

The area within private road easements.

iii.

The area within a subdivision lot.

iv.

Land within any required yard or setback area.

v.

Any area less than one hundred (100) feet wide adjacent to the rear lot line of two (2) or more contiguous lots.

vi.

Parking and loading areas.

vii.

Fifty (50) per cent of any easement for overhead utility lines.

viii.

Fifty (50) per cent of any rivers, streams, detention ponds, marshes, lakes, or floodplains that are not generally accessible within the development. Accessible shall mean that the feature is bordered by a substantial open space area, park, playground, pathway, or reasonable means of access for the enjoyment of all owners, visitors, or others, in which case the total area may qualify as required common open space.

ix.

Fifty (50) per cent of the area of any golf course.

E.

Connectivity. Pathways for bicycles and pedestrians shall be incorporated throughout the PUD and along all perimeter streets to ensure connectivity between uses and with adjacent properties. Pathways and sidewalks shall be constructed in accordance with the City design standards.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

The Rice Hope Plantation Master Planned Overlay is rezoned to "Planned Unit Development" on the Zoning Map on the effective date of this ordinance. Previously approved general and specific site plans within its boundaries are subject to Sections 1.70, Section 13.90, and Section 13.100. However, any expansion, alteration, or variation of the existing approved developments that constitute a major change, as defined in Section 15.50, shall be subject to the major change procedural requirements of Section 15.50.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)

In addition to the requirements of this article, the following articles may apply to the development of land and certain uses and activities.

(Ord. No. 23-03-0010, § 5(Exh. A), 6-22-23)