For the purpose of this chapter, Porterdale, Georgia, is divided into zoning districts as follows:

(1)

Agricultural: AG-G Agriculture District (General).

(2)

Residential:

a.

RR Rural Residential District.

b.

R1 Single-Family Residential District.

c.

R2 Single-Family Residential District.

d.

R3 Multifamily Residential District.

e.

MU Mixed-Use Development.

(3)

Office: OI Office Institutional District.

(4)

Commercial:

a.

CN Neighborhood Commercial District.

b.

CG General Commercial District.

(5)

Industrial: LI Light Industrial District.

(Code 2003, § 39-103(1))

The boundaries of the zoning districts are hereby established as shown on the map entitled "The Official Zoning Map of Porterdale, Georgia." Such map has been prepared by the Northeast Regional Development Commission and is dated May 14, 2019. Said map is hereby made a part of this chapter and shall be available for public inspection in the office of the city clerk/treasurer. As evidence of its authenticity, the official zoning map shall be signed by the Porterdale Mayor and attested to by the city clerk/treasurer.

(Code 2003, § 39-101(1)(F); Ord. of 10-14-2008; Ord. of 5-29-2019(1) , § 2)

The following rules apply where uncertainty exists with respect to the boundaries of any of the zoning districts shown on the official zoning map.

(1)

Unless otherwise indicated, the zoning district boundaries are indicated as approximately following property lines, land lot lines, centerlines of streets, highways, alleys or railroads, centerlines of streams, reservoirs, or other bodies of water, or civil boundaries, and they shall be construed to follow such lines.

(2)

Where zoning district boundaries are approximately parallel to or extend to the centerlines of streets, highways, railroads, including their rights-of-way, or the centerlines of streams, reservoirs, or other bodies of water, zoning district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If no distance is given, dimensions shall be determined by the scale shown on the official zoning map.

(3)

Where a zoning district boundary line divides a lot that is under single ownership at the time of enactment of this chapter, the use classification of a larger portion may be extended by the council to the remainder without recourse to the amendment procedure.

(4)

Where a public road, street or alley is officially abandoned, the ordinances applicable to the parcel to which it reverts shall apply.

(5)

In case the exact location of a boundary cannot be determined by the foregoing methods, the council shall, upon application, determine the location of the boundary.

(Code 2003, § 39-101(1)(G))

(a)

If, in accordance with provisions of this chapter, changes are made in the zoning district boundaries or other information portrayed in the official zoning map, such changes must be made on the official zoning map within 30 days after the amendment has been approved by the council, together with a numerical entry on the official zoning map referring to the application on file which states the date of the official action and the brief description of the nature of the changes. No amendment to this chapter which involves a matter portrayed on the official zoning map is effective until after such change and entry is made on the map.

(b)

All changes made to the official zoning map or matters shown thereon must be in conformity with the procedures set forth in this chapter. Any unauthorized change by any person is considered a violation of this chapter and punishable as provided by law and this chapter.

(Code 2003, § 39-106(9))

(a)

Once an annexation is effective, which occurs on the first day of the month following the month in which the annexation occurred, the property transfers from the jurisdiction of the county, losing whatever zoning the county provided, and becomes unzoned. The city must zone the property in accordance with applicable provisions of O.C.G.A. title 35, ch. 36 (O.C.G.A. § 36-36-1 et seq.).

(b)

To prohibit a landowner from stepping in and applying for a building permit based on no zoning and creating a vested rights issue during the period that the property has no zoning, building permits, land disturbance permits or certificates of zoning compliance shall not be issued during the pendency of any zoning application.

(Code 2003, § 39-102(11))

The uses listed in the table below shall be permitted in Porterdale, unless otherwise allowed, and no structure shall be erected, structurally altered or enlarged unless the use is allowed as:

(1)

A permitted use (P);

(2)

A conditional use (C) subject to the application procedures specified in section 119-676;

(3)

An accessory use as specified in section 119-2; or

(4)

Uses lawfully established prior to the effective date of the ordinance from which this chapter is derived.

(Code 2003, § 39-103(5); Ord. of 9-6-2016(2), § 1; Ord. of 05-07-2018(1) , § 2(a)(b); Ord. of 2-26-2021(1) , § 1; Ord. of 3-1-2021(1) , § 1)

(a)

Purpose and intent. This zoning district is comprised primarily of general farming areas where some development of low density, single-family, residential development has occurred or is occurring. The regulations of the district are designed primarily to encourage a compatible relationship between agriculture and low density, single-family rural residential development.

(b)

Principal uses and structures. Principal uses and structures shall be allowed in the AG-G Agricultural District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the AG-G Agricultural District.

(d)

Conditional uses. Conditional uses shall be permitted in the AG-G Agricultural District in accordance with section 119-156.

(Code 2003, § 39-103(8))

(a)

Purpose and intent. This zoning district is comprised primarily of limited agricultural activities in areas of relatively large acreage, low-density single-family residential development. The purpose of this district is to provide protection for larger lot subdivisions against the encroachment of high density development of a residential, commercial, or industrial nature. The regulations for this district provide the landowner an opportunity to engage in limited hobby-type agricultural activities for personal use.

(b)

Principal uses and structures. Principal uses and structures shall be allowed in the RR Rural Residential District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the RR Rural Residential District.

(d)

Conditional uses. Conditional uses shall be permitted in the RR Rural Residential District in accordance with section 119-156.

(Code 2003, § 39-103(9))

(a)

Intent. The purpose of this section is to preserve visual compatibility between uses and to maintain property values within one- and two-family neighborhoods (R1 and R2 zoning districts) that are largely built-out and have established over time a neighborhood physical appearance and visual quality and are now experiencing new one- and two-family infill development on the remaining vacant lots. The provisions of this section are not intended to impose a pattern of regimented conformity to any specific architectural style or taste but are intended solely to prevent the location or construction of any one- or two-family dwelling structures which would substantially affect adversely the character of a neighborhood, such as reduce its desirability as a place to live, depreciate property values or otherwise be visually incompatible with the architectural characteristics of the neighborhood. The provisions of this section are intended to apply in mature subdivisions and neighborhoods that are largely built-out and not to subdivisions or developing neighborhoods where the sale of lots and development of such lots is diligently being pursued by a builder or developer.

(b)

Standards. Building permits shall not be issued for one- and two-family dwelling structures located on infill lots if one or more of the following conditions exist:

(1)

The proposed exterior appearance for such dwelling structure lacks form and rhythm of exterior walls and roof to the extent that the street facade is entirely flat in appearance and contradicts the established character of the neighborhood or is inappropriate in appearance with adjacent dwellings.

(2)

The proposed exterior facade for such dwelling structure is to be constructed of a finished material which is visually incompatible with the quality of materials of the dwellings of the surrounding neighborhood.

(3)

The proposed location of such dwelling structure on the lot does not significantly acknowledge or respect established dwelling setbacks and thereby adversely impacts the visual quality of the established development pattern.

(c)

Enforcement. The building inspector upon the receipt of an application for a building permit for a one- or two-family structure located on an infill lot shall refer such application to the City of Porterdale Project Review Team (see City of Porterdale Development Regulations, Section 303, for details of the City Project Review Team) for review and appropriate action pursuant to the provisions of this section. The application referred to the Porterdale Project Review Team shall include elevation or perspective drawings adequate in detail to enable the project review team to determine if the building meets the compatibility standards as set forth in this section. The project review team shall make a determination as to whether or not the proposed building meets the standards of this section, and shall submit written notification to the city council of the project review team's determination. Upon receipt by the city council of the project review team's determination, the city council shall, at its next regular or called meeting, to be held not less than 30 days after the determination of the project review team is received by the city council, vote upon whether or not the proposed building meets the standards of this section. Where, upon affirmative vote of a majority of the city council, the city council finds that the proposed building meets the standards of this section, it shall so notify its approval to the building inspector. Where the city council finds that the proposed building does not meet the standards of this section it shall so notify the applicant and building inspector in writing setting forth its reason for such disapproval, and no building permit shall be issued based on such building design.

(d)

Definition. For purposes of this section the term "infill lot" means a vacant lot located within a mature largely built-out one- or two-family subdivision or neighborhood (R1 and R2 zoning districts) where such lot is located adjacent to or across the street from a lot upon which is located a one- or two-family dwelling structure or is adjacent to a one- or two-story family dwelling structure.

(Code 2003, § 39-106(7)(C); Ord. of 12-6-2004(1); Ord. of 7-9-2007(1))

(a)

Purpose and intent. The R1 Single-Family Residential District is composed of low density single-family residential development land. The district is designed to encourage single-family development in a rural setting and certain uses allied to or customarily incidental to residential developments in a rural area.

(b)

Principal uses and structures. Principal uses and structures shall be allowed in the R1 Single-Family Residential District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the R1 Single-Family Residential District.

(d)

Conditional uses. Conditional uses shall be permitted in the R1 Single-Family Residential District in accordance with section 119-156.

(Code 2003, § 39-103(10)(A))

(a)

Purpose and intent. The R2 Single-Family Residential District is mainly comprised of medium density single-family subdivision development, including single-family dwellings, manufactured housing, and smaller dwelling units, where surrounding land uses are compatible with medium density development and such development would not have an adverse impact on the surrounding areas.

(b)

Principal uses and structures. Principal uses and structures shall be allowed in the R2 Single-Family Residential District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the R2 Single-Family Residential District.

(d)

Conditional uses. Conditional uses shall be permitted in the R2 Single-Family Residential District in accordance with section 119-156.

(Code 2003, § 39-103(10)(B))

(a)

Purpose and intent. The R3 Multifamily Residential District is composed primarily of high density residential development and multifamily dwellings, with adoption of a general development plan, and specific development plans, indicating proper orientation, desirable design character, compatible land use, and flexibility in the design and layout of structures, so as to provide for quality open space, pedestrian-oriented neighborhoods, and recreation areas that are accessible to the districts' inhabitants.

(b)

Principal uses and structures. Principal uses and structures shall be allowed in the R3 Multifamily Residential District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the R3 Multifamily Residential District.

(d)

Conditional uses. Conditional uses shall be permitted in the R3 Multifamily Residential District in accordance with section 119-156.

(e)

Lot area, residential density, and yard requirements. The lot area, residential density, and yard requirements for land use in R3 Multifamily Residential Districts are as follows:

(1)

Minimum lot area and residential density. Minimum lot size and residential density in an R3 Multifamily Residential District shall be as provided in section 119-410; provided, however, that the city may allow a reduction in lot size below the minimum lot size shown in section 119-410, provided that the same number of lots in the same subdivision of an R3 Multifamily Residential District are oversized by an equal or greater area, or that the same square foot area reduction in lot size be added to open space areas within the development, or that the same square foot area reduction in lot size is equaled by combination of creation of oversized lots and creation of additional open space within the development.

a.

In determining the minimum lot dimensions for a particular R3 Multifamily Residential Development, consideration shall be given to average base density with placement of the development on small lots in return for creation of open space in the development, consistent with the purpose and intent to provide for quality open space, pedestrian-oriented neighborhoods, and recreation areas that are accessible to the districts' inhabitants.

b.

Residential densities shall be established in the conditions of this division, but in no event shall the density exceed 25 units per acre of land in the total development, excluding land which is utilized for road right-of-way purposes, and excluding right-of-way dedication for widening existing roadways, and including land within the 100-year floodplain.

(2)

Maximum building site coverage. The maximum coverage of a lot by all structures shall not exceed 50 percent of the lot area and, provided, further, that a minimum of ten percent of the land area shall be landscaped with suitable plants, trees, or shrubs. The city may allow an increase in the maximum building site coverage, provided that there is compliance with the other requirements of this chapter and there is created open space in proximity to those areas within a development for which such an increase in maximum building site coverage is sought.

(3)

Minimum yard setback requirements. Minimum yard setback requirements in an R3 Multifamily Residential District shall be as provided in section 119-410; provided, however, that the city may allow a reduction in minimum yard setback requirements, below the minimums shown in section 119-410, provided that the same square foot area reduction in the minimum yard setback requirements be added to open space areas within the development, or to creation of pedestrian and/or bicycle trails within the development; and provided, further, that adequate spacing be maintained between detached residences to ensure visual and acoustical privacy for dwelling units. Fences, insulation, walks, landscaping, and sound reducing construction techniques shall be used as appropriate for the aesthetic enhancement of the development and the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise.

(f)

R3 Multifamily Residential District design guidelines.

(1)

Purpose and intent. The intent of this subsection is to provide minimum aesthetic standards for exterior architectural design for structures and buildings within the R3 multifamily residential zoning district. The ultimate goal of design guidelines is to direct physical and visual changes to create an architecturally and physically cohesive area of specified character. Design guidelines are meant to create a strong identity for the area as a distinctive place to shop, visit, work, and live. Design guidelines are a means of bringing together the interests of individual property owners and the general public to achieve mutual benefits.

(2)

Site planning. The site plan, building design, and landscaping of new development should achieve a high-quality appearance that will enhance and be compatible with the character of the surrounding area. Site planning and design of projects proposed should carefully address the potential undesirable impacts on existing uses. These impacts may include traffic, parking, circulation and safety issues, light and glare, noise, odors, dust control and security concerns.

(3)

Minimum buffer requirements. In addition to required setbacks, all non-residential and/or multifamily property uses within the R3 Multifamily Residential zoning district which abut a single-family residential use shall provide a minimum six-foot wide and 15-foot high buffer to provide a visual screen.

(4)

Architectural design.

a.

Architectural design should be compatible with the developing character of the neighboring area. Design compatibility includes complementary building style, form, size, color, materials, and detailing.

b.

The designer should consider each of the following contexts as part of the design process:

1.

Size (the relationship of the project to its site);

2.

Scale (the relationship of the building to those around it);

3.

Setback (in relation to setback of immediate surroundings);

4.

Materials (their compatibility with the surrounding area); and

5.

Context (the overall relationship of the project to its surroundings).

c.

Architectural embellishments that add visual interest to roofs, such as dormers, masonry chimneys, cupolas, clock towers, and other similar elements are encouraged.

d.

Blank windowless walls are discouraged. Long or continuous wall planes should be avoided, particularly in pedestrian activity areas, where buildings should exhibit more detail and elements appropriate for close range pedestrian view. In cases where long or continuous wall planes cannot be avoided, they shall be designed to minimize visual monotony by using significant landscape massing.

e.

Efforts to coordinate the height of buildings and adjacent structures are encouraged; this is especially applicable where buildings are located very close to each other. It is often possible to adjust the height of a wall, cornice, or parapet line to match that of an adjacent building.

(5)

Building materials, finishes, and colors.

a.

Required design standards for construction of new buildings.

(1)

Requirements for building materials.

i.

All sides of a commercial building have an impact on its surroundings and should be treated with an architectural finish of primary materials (i.e., brick, vinyl siding and stone), unless other materials demonstrating equal or greater quality are used. Front façades shall be either:

•

Brick or stone;

•

Vinyl siding;

•

A combination of brick, stone, stucco, or vinyl siding.

Side façades shall be consistent in material with the front faade. Rear façades do not have a minimum requirement for primary materials and can consist entirely of secondary materials (e.g., stucco). Tertiary materials (i.e., wood and metal) shall be used for decorative elements and trim only.

b.

Building materials prohibited. The use of metal panels or metal sheathing, highly reflective or mirror-like materials, and/or standard gray concrete block on the exterior walls of any building or structure shall be prohibited with the exception that such materials may be used if finished with a masonry veneer including, but not limited to brick or stucco. Exposed plywood or particle board shall be prohibited on any building or structure.

c.

Changes in material or color. Piecemeal embellishment and frequent changes in material or color shall be avoided.

d.

Colors. High-intensity colors, metallic colors, black, or fluorescent colors shall not be used. Building trim and accent areas may feature brighter colors, including primary colors, provided that the width of the trim shall not exceed two feet. Final determination of color shall be approved by the zoning administrator.

e.

Foundation walls. Exposed, unfinished foundation walls shall be prohibited on any building or structure.

f.

Garbage dumpsters. All garbage dumpsters and other similar areas devoted to the storage of waste materials shall be screened on three sides of said dumpster or area, with a minimum six-foot high solid wooden fence or a wall constructed of materials substantially similar in appearance to the building on site. In addition, said dumpsters shall be gated on the fourth side with a material that provides opaque screening.

g.

Air condition and HVAC units. Air condition units and HVAC systems shall be thoroughly screened from view from the public right-of-way and from adjacent properties by using walls, fencing, roof elements, or landscaping on multifamily and non-residential properties.

h.

Fences and walls. The design of fences and walls shall be compatible with the architecture of the main building(s) and should use similar materials. All walls or fences 50 feet in length or longer, and four feet in height or taller, shall be designed to minimize visual monotony by using significant landscape massing. Chain link fencing is prohibited. Use of special fencing design or materials should be discussed in cases where site security is paramount.

i.

Street orientation. The front building façade of all principal buildings shall be oriented toward street fronts. On double frontage lots, the exposed side or rear of the building shall be covered by significant landscape massing.

(6)

Exterior lighting.

a.

Definitions:

1.

Direct light means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminary.

2.

Luminary means a complete lighting system, including a lamp or lamps and a fixture. This term shall be interpreted broadly as applying to all outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices (permanently installed or portable), used for illumination or advertisement.

3.

Luminary, full cutoff means outdoor light fixtures shielded or constructed so that no direct light rays are emitted by the installed fixture at angles above the horizontal plane.

b.

Purpose and intent. These regulations are intended to reduce the problems created by improperly designed and installed outdoor lighting, eliminate problems of glare, and minimize light trespass, with regulations that avoid unnecessary direct light from shining onto abutting properties or streets.

c.

Luminaries creating glare to be redirected. Any luminary that is aimed, directed, or focused such as to cause direct light from the luminary to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, shall be redirected or its light output controlled as necessary to eliminate such conditions.

d.

Newly installed luminaries to comply. For any commercial use, adjacent to a residential area, all luminaries, hereafter installed for outdoor lighting within the R3 Multifamily Residential zoning district shall be full cutoff luminaries, as defined by this section, or another luminary that does not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminary.

e.

Prohibitions. The following types of outdoor lighting are prohibited: searchlights, for advertising purposes, and the use of laser source light, or any similar high intensity light, for advertising purposes.

f.

Recommendations for exterior lighting. The following are exterior lighting recommendations consistent with the requirements as specified in this Code.

1.

Exterior lighting should be architecturally compatible with the building style, material, and colors.

2.

Exterior lighting of the building and site should be designed so that the light source is shielded from direct offsite viewing. All outdoor light fixtures should be fully shielded or be designed or provided with light angle cut-offs, so as to eliminate up-lighting, spill light, and glare.

3.

Excessive illumination of signage, building, or site is prohibited. Roof lighting, down-lighting washing the building walls, and illuminated awnings are all strongly discouraged.

4.

Fixture mounting height should be appropriate for the project and the setting. The mounting height of fixtures in smaller parking lots or service areas should not exceed 20 feet, with lower mounting heights encouraged, particularly where adjacent to residential areas or other sensitive land uses. Use of low, bollard-type fixtures that are three to four feet in height, is encouraged as pedestrian area lighting.

(Code 2003, § 39-103(10)(E); Ord. of 12-6-2004(1); Ord. of 4-6-2016(1) )

(a)

Purpose and intent.

(1)

The C-N Neighborhood Commercial District is primarily composed of service businesses or light retail establishments generally designed to serve nearby residential areas. It is the intent of this district to provide convenient commercial establishments that are primarily used by persons residing in the area. All businesses shall be those which are not objectionable by reason of odor, dust, bright lights, noise, vibration, or traffic congestion, and should, when possible, be conducted within a completely enclosed building.

(2)

The site plan for such use must provide for adequate ingress and egress of vehicular traffic and will not cause safety, health or traffic problems in the area.

(3)

The proposal is justified based on facts presented to indicate the need for such use, as called for in the Porterdale Comprehensive Plan.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the C-N Neighborhood Commercial District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the C-N Neighborhood Commercial District.

(d)

Conditional uses. Conditional uses shall be permitted in the C-N Neighborhood Commercial District in accordance with section 119-156.

(Code 2003, § 39-103(11)(A))

(a)

Purpose and intent. The C-G General Commercial District is primarily composed of heavy commercial and light industrial uses usually located near population centers and which may generate increased traffic and congestion. The intent of this district is to provide for special areas which, due to their location or current land use, have been set aside to allow uses which may not be allowed in the lighter commercial districts, but are not generally objectionable by reasons of dust, odor, bright lights, noise or vibration. This district should generally be utilized as a buffer between heavier industrial and lighter commercial zones, and uses within this district should, when possible, be carried on within a completely enclosed building. Individual development of such uses should be allowed subject to the following conditions:

(1)

Such proposed use is not inconsistent with neighboring zoning and current land use, and will, when necessary, provide adequate buffer between adjoining heavier industrial and lighter commercial, residential or agricultural districts;

(2)

The site plan for the proposed use provides for adequate ingress and egress of vehicular traffic and will not cause safety, health or unreasonable traffic problems in the area; and

(3)

The proposed use is justified based on facts presented to indicate the need for such use, as called for in the Porterdale Comprehensive Plan.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the C-G General Commercial District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the C-G General Commercial District.

(d)

Conditional uses. Conditional uses shall be permitted in the C-G General Commercial District in accordance with section 119-156.

(Code 2003, § 39-103(11)(C))

(a)

Purpose and intent. The P-I Office-Institutional District is primarily composed of a combination of service-oriented business and professional, administrative, nonprofit, and public institutional or related offices located on or adjacent to community facilities. This district should, when possible, be employed as a buffer zone between predominantly residential and heavier commercial or industrial districts. Uses within this district should be those which do not generate excessive noise, traffic congestion or other health hazards and which will promote land use consistent with the Porterdale Comprehensive Plan.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the O-I Office Institutional District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the O-I Office Institutional District.

(d)

Conditional uses. Conditional uses shall be permitted in the O-I Office Institutional District in accordance with section 119-156.

(Code 2003, § 39-103(12)(A))

(a)

Purpose and intent. The LI Light Industrial District is composed primarily of wholesale warehousing, trade shops, and light manufacturing uses, usually located on or near existing community facilities and transportation corridors. The intent of this district is to establish areas of industrial use which would be less objectionable by reasons of dust, odor, noise, congestion, etc., than those of the HM district. Such uses should be encouraged near existing similar uses and in accordance with the Porterdale Comprehensive Plan.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the LI Light Industrial District in accordance with section 119-156.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the LI Light Industrial District.

(d)

Conditional uses. Conditional uses shall be permitted in the LI Light Industrial District in accordance with section 119-156.

(Code 2003, § 39-103(13)(A))

(a)

Purpose and intent. The MU District allows a combination of commercial, office, residential, recreational, and institutional uses. It is the purpose of this chapter to encourage a diversification of uses in unified projects located in proximity to major roadways and intersections and through the interrelationship of uses and structures to promote innovative and energy conscious design, efficient and effective circulation systems, a variety of housing types, and to encourage the conservation of land resources, minimization of auto travel, and the location of employment and retail centers in proximity to higher density housing.

(b)

Permitted land uses and developments. Permitted land uses and development shall be established in the conditions of the ordinance governing the particular mixed use development district; specific uses may include uses designated as permitted or conditional in any of the residential, commercial, or office institutional districts. Each mixed use development district shall include a minimum of 20 percent of the total gross floor area in residential uses, 20 percent of the total gross floor area in retail commercial uses, and 20 percent of the total gross floor area in office-institutional uses. Gross floor area used for parking shall not be included in the above calculations. Gross floor area devoted to institutional, cultural, entertainment, or recreational uses may be used, on a one to one basis, to reduce the required minimum floor area of any of the three main use categories up to a maximum of 25 percent reduction. Additionally, where residential development in a proposed MU is greater than 51 percent of the total gross floor area, the remainder of the development may consist of commercial or office institutional uses or both without limitation as to percentages of gross floor area.

(c)

Lot area, residential density, and yard requirements. The lot area, residential density, and yard requirements for land uses in the district are as follows:

(1)

Minimum lot area. No minimum lot area is established for this district, but lot dimensions shall be sufficient to meet other requirements set forth in this section or in the conditions of the ordinance governing the particular mixed use development district.

(2)

Residential density. Residential densities shall be established in the conditions of the ordinance governing the particular mixed use development but in no event shall the density exceed 25 units per acre of land in the total development excluding land which is utilized for road right-of-way purposes, and excluding right-of-way dedication for widening existing roadways, and including land within the 100-year floodplain.

(3)

Maximum building site coverage. The maximum coverage of a lot by all structures shall not exceed 50 percent of the lot area and, provided that a minimum of ten percent of the land area shall be landscaped with suitable plants, trees, or shrubs, such landscaping to be maintained to the approval of the council as a condition of the use.

(4)

Minimum yard requirements.

a.

Front yard: None, unless adjacent to a residential district, then ten feet.

b.

Side and rear yard: None, unless adjacent to a residential district, then five feet.

c.

Minimum yard requirements; specific regulations and exceptions: No parking areas, internal drives, loading spaces, and structures shall be permitted within ten feet of a property line adjoining property in any residential district. Additionally, any structure exceeding 30 feet in height which adjoins property in any residential district shall be set back an additional one foot for every two feet in height above 30 feet. Greater setbacks may be required by condition if necessary to ensure compatibility with adjoining developments or uses.

d.

Boundary walls or fences, six feet in height or less, are permitted within the minimum yard requirements, unless otherwise restricted in the conditions of the ordinance governing the particular mixed use development.

(5)

Site design.

a.

Building spacing. Adequate spacing shall be maintained between residential and nonresidential uses to ensure visual and acoustical privacy for dwelling units. Fences, insulation, walks, landscaping, and sound reducing construction techniques shall be used as appropriate for the aesthetic enhancement of the development and the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise.

b.

Access, circulation. The access and circulation of a development should be designed to provide a safe and efficient system, both on and off the site. Points of access shall be designed in conformance with city regulations. The circulation system shall be designed to reduce conflicts between vehicular and pedestrian traffic, minimize impacts on adjacent properties, combine circulation and access areas, where possible, and provide adequate maneuvering areas. Points of access shall not conflict with other planned or existing access points. Where appropriate, the internal circulation system shall provide pedestrian and bicycle paths that are physically separated from vehicular traffic.

c.

The design of parking areas should minimize auto noise, light and glare, and ambient air temperature. This can be accomplished through the use of sound walls, general location, use of well designed lights, and landscaping throughout the parking lot.

d.

Fencing and screening. The use of any fencing or walls should be consistent with the overall design theme. Fences and wall are discourage unless needed for a specific screening, noise mitigation, or safety purposes. Where they are needed, color, material and variation of the vertical/horizontal plane are needed to blend with the site and building design.

(6)

Signs. A sign program shall be required for the entire development. Such program shall include design criteria to establish an integrated and harmonious use of signs with respect to letter style, materials, color, size, shape and other design characteristics. Signage shall comply with the requirements for the office institutional zone.

a.

Off-street parking and loading requirements. The minimum off-street parking and loading requirements for any use or building in a mixed use district shall not be reduced below that required for the same use in any residential, commercial, or office institutional district. These requirements may exceed minimum standards as required by conditions where determined necessary. However, the council may approved a total reduction of not more than 20 percent or the required off-street parking and loading spaces, where it has been demonstrated by study of the combined uses and customary operation of the uses that adequate parking would be provided.

b.

Specific sign regulations shall be established in the conditions of the ordinance governing the mixed use development. However, in no instance shall they be less restrictive than the sign regulations for any commercial district.

c.

Procedure to establish a district. The compatibility and interaction between mixed uses is to be ensured through adoption of a general development plan and specific development plans, which indicate proper orientation, desirable design character and compatible land use to provide for:

1.

A more pedestrian-oriented non-automotive environment and flexibility in the design of land uses and structures than are provided by single-purpose zoning districts, included, but not limited to, shared parking.

2.

Recreation areas that are most accessible to the MU districts inhabitants.

3.

Environments that are more conducive to mutual interdependence in terms of living, working, shopping, entertainment and recreation.

d.

In order to establish a mixed use development district through a change of zoning, the procedure shall be as follows: Application. The owners of record under contract of a lot or tract of land, or their authorized representatives, shall file application for zoning with the city clerk/treasurer. The application shall include the following:

1.

Payment of a fee as determined by council.

2.

Legal description of the property.

3.

Plat of the property.

4.

Preliminary development plan, including, but not limited to, the following:

(i)

Proposed uses, including the general location, type, and number of dwelling units; general location, type, and square footage of all other proposed uses; general location and size of parking areas; and approximate locations of common ground areas, major utility easements, and stormwater retention areas.

(ii)

Existing and proposed contours at vertical intervals of not more than five feet referred to sea level datum. Floodplain areas are to be delineated.

(iii)

Approximate location of all isolated trees having a trunk diameter of six inches or more, all tree masses, and proposed landscaping.

(iv)

Two section profiles through the site showing preliminary building form, existing natural grade, and proposed final grade.

(v)

Maximum building heights and minimum setbacks for parking and structures.

(vi)

Proposed ingress and egress to the site, including adjacent streets, and approximate alignments of internal roadway systems.

(vii)

Preliminary plan for sanitation and drainage facilities.

(Code 2003, § 39-103(15)(A))

(a)

Findings of fact.

(1)

The wetlands within Porterdale are indispensable and fragile natural resources with significant development constraints due to flooding, erosion and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the economic well-being of many communities within the State of Georgia.

(2)

Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.

(3)

It is therefore necessary for Porterdale to ensure maximum protection for wetlands by discouraging development activities that may adversely affect wetlands.

(b)

Purpose. The purpose of this section is to promote wetland protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process. The objective of this section is to protect wetlands from alterations that will significantly affect or reduce their primary functions for water quality, floodplain and erosion control, groundwater recharge, aesthetic nature and wildlife habitat.

(c)

Wetland protection district. The generalized wetland map is a general reference document, and wetland boundaries indicated on the map are approximations. The purpose of the generalized wetland map is to alert developers/landowners if they are within proximity to a wetland, which means that there is a high likelihood of the presence of a jurisdictional wetland and a need for the developer/landowner to seek U.S. Army Corps of Engineers guidance as to whether a section 404 permit will be required prior to any activity. The generalized wetland map does not represent the boundaries of jurisdictional wetlands within the jurisdiction of the city and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this section does not relieve the landowner from federal or state permitting requirements.

(d)

Local development permit requirements. No regulated activity will be allowed within the wetland protection district without written permission from the city or its designee in the form of a local development permit. Issuance of a local development permit is contingent on full compliance with the terms of this chapter and other applicable regulations. All activities that are not identified in subsection (e) of this section, or by other local development ordinances, shall be prohibited without prior issuance of a local development permit. If the area proposed for development is located within 50 feet of the wetland protection district boundary, as determined from the generalized wetland map, a U.S. Army Corps of Engineers determination shall be required. If the Corps determines that wetlands are present on the proposed development site and that a section 404 permit or letter of permission is required, a local development permit will be issued only following issuance of the section 404 permit or letter of permission.

(e)

Permitted and prohibited uses.

(1)

The following uses shall be allowed as of right within a wetland to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining or dredging, except as provided herein.

a.

Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the United States in such a way that would require an individual 404 permit.

b.

Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding and canoeing.

c.

Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.

d.

The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

e.

The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural best management practices are followed.

f.

Education, scientific research and nature trails.

(2)

The following uses are prohibited in the wetlands protection district:

a.

Receiving areas for toxic or hazardous waste or other contaminants.

b.

Hazardous or sanitary waste landfills.

(f)

Temporary emergency permit. A temporary emergency permit can be issued by the council or its designee for the following reasons:

(1)

Maintenance or repair of lawfully located roads or structures and of facilities used in the service of the public to provide transportation, electric, gas, water, telephone, telegraph, telecommunication or other services, provided that such roads, structures or facilities are not materially changed or enlarged and written notice prior to the commencement of work has been given to the city or its designee and provided that the work is conducted using best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment will be minimized.

(2)

Temporary water-level stabilization measures associated with ongoing silvicultural operations, provided that they are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.

(3)

Limited ditching, tilling, dredging, excavating or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration or loss of wetlands not previously subject to agricultural and silvicultural use under the terms and provisions of subsection (e) of this section.

(4)

Limited excavating and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters, boathouses or other similar water-related structures, provided that they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland.

(g)

Site plans. Applications for a local development permit within the generalized wetland protection district shall include a site plan, drawn at a scale of one inch equals 50 feet, with the following information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 200 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than two feet; and no greater than one foot for slopes less than or equal to two percent.

(6)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(7)

All proposed temporary disruptions or diversions of local hydrology.

(h)

Activities to comply with the site plan.

(1)

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. The site plan may be amended only with the approval of the city or its designee. The city or its designee may require additional information deemed necessary to verify compliance with the provisions of this chapter or to evaluate the proposed use in terms of the purposes of this section.

(2)

Subdivision design options in the wetland protection district. Any subdivision that includes jurisdictional wetlands shall be allowed and encouraged to use the following options:

a.

Lot size averaging. Lot size averaging is encouraged in single-family detached subdivisions as a means to work around wetland areas. The city or their designee may allow a reduction in lot size provided that the same number of lots in the same subdivision are oversized by an equal or greater area. The maximum permissible reduction shall not exceed 25 percent of the minimum required lot area. The number of lots with areas reduced shall not exceed 25 percent of the total number of lots in the subdivision. The county or its designee shall require no more than a 25 percent adjustment of rear, side and front setbacks for each affected lot.

b.

Cluster development. Clustering of residential development is encouraged. When considering subdivision approval, the city or its designee will allow incorporation of wetland or other significant natural areas as open space in the subdivision plan. Such plans should designate at least 25 percent of the gross land area as open space. Density shall be calculated by subtracting from the total acreage of a parcel all land dedicated or in use for private or public roads, including all vehicular rights-of-way. The resultant acreage will then be divided by the minimum allowed lot size of the district to derive the number of lots permissible.

(i)

Filing fee. At the time of the application, the applicant shall pay a filing fee specified by the city or its designee. Filing fees up to a maximum established by resolution may be required to evaluate the application. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation and wetland boundary determinations as deemed necessary by the city or its designee.

(j)

Enforcement authority. The city clerk/treasurer is hereby established as the administrator of this section.

(k)

Review procedure. The application shall be made to the city clerk/treasurer and will be reviewed within 30 days. The review period shall begin upon determination by the city clerk/treasurer that the application submitted is complete. The review period shall include the preparation of findings (approval or disapproval) by the city clerk/treasurer. The applicant will receive written notification of the findings of the city or its designee. If the review process is not completed within 30 days, the application is considered to be approved.

(l)

Appeals. Decisions on permit applications made by the city clerk/treasurer may be appealed to the council. The appeal must be made within 30 days of the decision rendered by the building inspector. A public hearing shall be held for appeals. Public announcement of the hearing shall be printed in a local newspaper of general circulation at least 15 days prior to the hearing. Any person may offer testimony at the hearing. The decision of the council may be appealed to a court of competent jurisdiction.

(1)

Duration of permit validity.

(2)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(3)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date that work ceased.

(4)

Written notice of the pending expiration of the development permit shall be issued by the building inspector.

(m)

Monitoring and enforcement. The city or its designee, its agent, officers and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this section and may make or cause to be made such examinations, surveys or sampling as the city or its designee deems necessary.

(1)

All enforcement and monitoring activities conducted by the city or its designee that involves entrance to privately owned land by the city or its designee shall be preceded by written notification to the landowner. Said notification shall be issued at least seven days prior to the activities specified in the notification.

(2)

The city clerk/treasurer shall have authority to enforce this section; issue permits hereunder; and address violations or threatened violations hereof by issuance of violation notices, administrative orders and civil and criminal actions. All costs, fees and expenses in connection with such actions may be recovered as damages against the violator.

(3)

Law enforcement officials or other officials having police powers shall have authority to assist the city clerk/treasurer in enforcement.

(4)

The city clerk/treasurer shall have authority to issue cease and desist orders in the event of any violation of this section. Cease and desist orders may be appealed to a court of competent jurisdiction.

(5)

The city or its designee may require a bond in an amount of $1,000.00 and with surety and conditions sufficient to secure compliance with the conditions set forth in the permit. The particular amount and the conditions of the bond shall be consistent with the purposes of this section. In the event of a breach of any condition of any such bond, the city or its designee may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution.

(n)

Penalties.

(1)

Any person who commits, takes part in or assists in any violation of any provision of this section may be fined not more than $2,500.00 for each offense. Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense.

(2)

When a building or other structure has been constructed in violation of this section, the violator may be required to remove the structure at the discretion of the city or its designee.

(3)

When removal of vegetative cover, excavation or fill has taken place in violation of this section, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the city or its designee.

(4)

If the city or its designee discovers a violation of this section that also constitutes a violation of any provision of the Clean Water Act, as amended, the city or its designee shall issue written notification of the violation to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and the landowner.

(5)

Suspension, revocation. The city or its designee may suspend or revoke a permit if it finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. The city or its designee shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the wetland is located.

(o)

Judicial review.

(1)

Jurisdiction. All final decisions of the city or its designee concerning denial, approval or conditional approval of a special permit shall be reviewable in the county superior court.

(2)

Alternative actions. Based on these proceedings and the decision of the court, the county or its designee may, within the time specified by the court, elect to:

a.

Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land;

b.

Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

c.

Institute other appropriate actions ordered by the court that fall within the jurisdiction of the court.

(p)

Amendments. These regulations and the generalized wetland map may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information concerning wetland locations, soils, hydrology, flooding or plant species peculiar to wetlands becomes available.

(q)

Assessment relief. Assessors and boards of assessors shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a conservation program with the government or a nonprofit organization restricting activities in a wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall also be exempted from special assessment on the wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers and water mains.

(Code 2003, § 39-104(1)(A))

(a)

Purpose and intent.

(1)

This section provides for the protection of river corridors and the regulation of activities in or adjacent to those corridors; provides for the powers and duties of Porterdale and other governmental entities; provides for goals, guidelines, practices, procedures, policies, rules, and regulations; provides for minimum standards for regulated activities within river corridors and their buffers which natural resources of the county are of vital importance to this county and its citizens; provides for a review of decision; provides for hearings and judicial review; provides for enforcement; prohibits certain activities or actions; provides for civil and other penalties; repeals conflicting ordinances; and for other purposes.

(2)

The State of Georgia has determined that its river corridors are of vital importance in that they help preserve those qualities that make a river suitable as a habitat for wildlife, a site for recreation, and a source for clean drinking water. River corridors are fragile natural resources subject to flood, erosion, soil-bearing capacity limitation, and other natural and human induced hazards. In their natural state, they serve multiple functions for pollution control, aquifer recharge and discharge, storage and passage of floodwater, and erosion and sedimentation control, as well as wildlife habitat, education, scientific study, open space and recreation, and scenic and aesthetic beauty.

(3)

The Georgia Planning Act of 1989 (O.C.G.A. §§ 50-8-7.1, 50-8-7.2) provides for the development of coordinated and comprehensive planning by municipal and county governments. Such comprehensive plans shall consider the natural resources, environments, and vital areas within the jurisdiction of the local governments. Additionally, O.C.G.A. § 12-2-8 authorizes the department of natural resources to develop minimum planning standards and procedures for the protection of river corridors in the state and requires local government to use these minimum standards in developing and implementing local comprehensive plans. The method mandated in O.C.G.A. § 12-2-8 for protecting river corridors is establishing a natural vegetative buffer bordering each protected river. In October, 1993, Porterdale developed a river corridor protection plan, as authorized in O.C.G.A. § 36-70-3, to maintain the integrity of the Yellow River.

(b)

Applicability. The standards and procedures detailed in this section shall be applicable to incorporated Porterdale and all state-owned or -administered land.

(c)

Protection criteria.

(1)

A 100 foot natural vegetative buffer shall be maintained adjacent to the river corridor except as otherwise provided herein.

(2)

Septic tanks and septic tank drainfields are prohibited within the river corridor, except as provided in subsection (d)(1) of this section.

(3)

The natural vegetative buffer shall be restored as quickly as possible following any land-disturbing activity within the river corridor.

(d)

Permitted activities within the river corridor.

(1)

Detached single-family dwellings and its customary appurtenances shall be permitted within the buffer subject to the following conditions:

a.

The dwelling and its customary appurtenances shall comply with all local zoning regulations, building codes and any other local regulations.

b.

The dwelling must be located on a tract of land containing at least two acres. Where a tract includes any portion of the protected river, the area between the river banks cannot be counted towards the two acre minimum tract size.

c.

Only one dwelling is permitted on each two acre or larger tract.

d.

Septic tanks serving the dwelling may be located within the buffer.

e.

Septic tank drainfields shall not be located within the buffer.

(2)

Construction of road crossings and utility crossings within the river corridor shall be permitted provided that the construction meets all requirements of the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended, and chapter 113.

(3)

Industrial and commercial land uses existing prior to the effective date of the ordinance from which this section is derived are exempt from the protection criteria of this section, except as provided in subsection (e) of this section, provided that:

a.

The use of the river corridor does not impair the drinking quality of the river water; and

b.

The activity within the river corridor meets all state and federal environmental rules and regulations.

(4)

Timber production and harvesting provided that the activity is consistent with the Georgia Forestry Commission's best management practices and the activity does not impair the drinking quality of the river water as defined by the Clean Water Act, as amended.

(5)

Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8.

(6)

Waste-water treatment.

(7)

Recreational usage consistent with either the maintenance of a natural vegetative buffer or with river-dependent recreation.

(8)

Natural water quality treatment or purification.

(9)

Agricultural production and management provided that the activity is consistent with the Georgia Soil and Water Conservation Commission's best management practices and the activity does not impair the drinking quality of the river water as defined by the Clean Water Act, as amended. Additionally, the activity must be consistent with all other state and federal laws and Georgia Department of Agriculture regulations.

(10)

Any other uses permitted by the department of natural resources or under section 404 of the Clean Water Act.

(e)

Prohibited activities within the river corridor.

(1)

Hazardous waste or solid waste landfills, or construction and demolition (C&D) landfills.

(2)

Commercial or industrial uses that involve handling hazardous materials other than wastes.

(3)

Handling areas for the receiving and storage of hazardous waste.

(4)

Construction within the river corridor is prohibited unless permitted in subsection (d) of this section.

(5)

Surface mining activities.

(f)

Permits.

(1)

All persons desiring to undertake a permitted activity within a river corridor as mapped on the official zoning map must first obtain a permit from Porterdale.

(2)

Permits shall be issued only if the activity is in compliance with county regulations and other applicable state, federal, and local regulations. The county shall impose conditions on any permit necessary to ensure that any adverse impacts upon the functions and values of the river corridor are prevented or kept to a minimum. Permits shall be valid for six months. If the activity has not been completed but substantial progress has been made, one six month extension to the permit may be granted by Porterdale or its designee.

(3)

Permits may be revoked for failure to comply with regulatory guidelines, including conditions attached to the permit.

(g)

Variance.

(1)

A variance may be approved if such approval is not contrary to the public interest and where, because of the special characteristics of the property and the activity, a literal enforcement of provisions of this section will, in an individual case, result in unnecessary hardship. However, the spirit of this section must be observed, public safety and welfare secured, and substantial justice done; provided that the variance, if granted, will not result in damage to the river corridor.

(2)

An application for variance should be filed with the city clerk/treasurer according to article II, division 4, of this chapter. Newton County shall process the application according to article II, division 4, of this chapter. However, only the following criteria shall be used to determine whether the variance should be granted.

a.

The application of this section to this particular property will result in unnecessary hardship;

b.

It is proven that no damage to the river corridor will result from the requested activity; and

c.

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this section. Proof of no damage to the river corridor must be supplied by the applicant as deemed necessary by the board, including, but not limited to, an environmental impact statement.

(Code 2003, § 39-104(2)(A))

(a)

Purpose and intent.

(1)

The purpose of this district is to encourage the best possible site plans and building arrangements under a unified development plan rather than under lot-by-lot regulation. The developer benefits from better land utilization, economy in the provision of roads and utilities, and flexibility in design. The city gains the advantages of variety in building types, compatibility of uses and optimum community development. Review and approval of the development plan by the Porterdale Council provides an opportunity to ensure that the development will be in harmony with the character of the neighborhood in which the development is located.

(2)

The OSD District is not intended to encourage greater density of development, but rather to encourage ingenuity and resourcefulness in land planning and to ensure the provision of park and recreation facilities for the use of the occupants of the development.

(3)

The purpose of the OSD District is to:

a.

Allow for greater flexibility and creativity in the design of residential development;

b.

Encourage the permanent preservation of open space, agricultural and forestry land, and other natural resources;

c.

Maintain Porterdale's small town character and land use patterns that preserve open space and farmlands;

d.

Protect scenic vistas from development which would destroy or obstruct such vistas;

e.

Preserve unique and significant natural, historical and archeological resources;

f.

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner;

g.

Protect existing and potential drinking water supplies; and

h.

Encourage a less sprawling form of development.

These standards are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which can produce creative solutions that will develop a satisfactory visual appearance within the city, preserve taxable values, and promote the public health, safety, and welfare.

(b)

Types of open space development. Residential development: Parcel or site shall be at least ten acres.

(c)

General design standards.

(1)

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Conflicts between development and the rural environment should be minimized. For example, tucking house lots and driveways into wooded lots is recommended.

(2)

The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.

(3)

Streets shall be designed and located in such a manner as to maintain and preserve natural topography, cover, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel. All streets within the OSD development shall be public streets. At least one major access with safe and adequate connections to an existing public street must be provided for every 100 dwelling units proposed in the OSD development.

(4)

Maintain or create a buffer of natural vegetation of at least 100 feet in width adjacent to surface waters and wetlands.

(5)

Maintain unblocked or uninterrupted scenic views and vistas, particularly as seen from public roads or as designated in the Porterdale Comprehensive Plan. For example, a 100 foot deep no build buffer is recommended to screen homes from the street and vice versa.

(6)

The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable.

(7)

Protect the habitat areas of species listed as rare or endangered by the department of natural resources, freshwater wetlands and natural heritage inventory.

(8)

The open space shall be reasonably contiguous, coherent, and, if the tract of land abuts adjacent open space or other permanently protected open space, it shall connect with that adjacent or permanently protected open space.

(d)

Density.

(1)

The maximum number of dwelling units allowed shall equal the number of dwelling units which could reasonably be expected to be developed on the property under the underlying zoning district, in full conformance with zoning, subdivision regulations, health codes, and other local, state and federal requirements.

(2)

Within the OSD development the following percentages of the total land area shall be devoted to the specified uses: a maximum of 50 percent for residential use which shall include streets, parking areas, private open space and courts which abut and primarily service residences or groups of residences, but shall not include the usable open space.

(e)

Minimum dimensional requirements for residential lots.

(1)

The building envelope shall not exceed 40 percent of the lot or 20,000 square feet, whichever is less. In the design process, the most suitable areas for development should be shown. Areas beyond these building envelopes should be restricted against development. Building envelope lines should not be drawn into wetlands, floodplains, or steep slopes (slopes in excess of 25 percent) and shall not include the tops of ridge lines. Building envelopes shall avoid open fields as much as possible. Building envelopes shall be located on the edges of fields and in wooded areas to minimize the visual impact of development.

(2)

Maximum total lot disturbance shall not exceed 50 percent of the lot area or 25,000 square feet, whichever is less. Site disturbance shall include all areas disturbed for the purpose of constructing buildings and structures as well as all graded areas and lawns. The total shall include disturbed areas both inside and outside the building envelope.

(3)

Minimum frontage should not be less than 75 feet. Lots located on the turnaround of a cul-de-sac shall have a minimum of 40 feet of street frontage providing a front building line is designated on the site plan for such a lot and the width of the lot at this building line is at least equal to the minimum frontage requirement.

(4)

The front or rear face of a dwelling unit shall be not less than 50 feet from the front or rear face of another dwelling unit. The side face of a single-family dwelling shall be not less than 20 feet from the side face of another such building and not less than 40 feet from the front or rear face of another such building.

(5)

No dwelling unit shall be situated so as to face the rear of another dwelling unit within the subdivision unless terrain differences or screening will provide effective visual separation.

(6)

The front, side and rear setback lines shall be shown on the final plat.

(7)

Buffer areas. All single-family dwellings and accessory structures shall be located a minimum of 50 feet from adjacent tracts of land.

(8)

Accessory uses. All accessory uses shall be located to the rear of the front building line but no closer than ten feet to the rear lot line.

(f)

Requirements for open space. It is the intent of these regulations that open space be comprised of buildable and non-buildable lands. Land so designated as open space shall be in a location and configuration that relates to the ultimate purpose of the open space (i.e., outdoor recreation, landscape protection, habitat protection, etc.). Development should be designed around these natural features.

(1)

Not less than 50 percent of the total area of the tract of land to be developed as an OSD shall be dedicated as common open space.

(2)

At least 50 percent of the required open space shall be forested, preferably hardwood, and shall be dedicated and used for open space.

(3)

Up to 50 percent of the required open space may be composed of land that is pasture/agricultural land.

(4)

No more than 20 percent of the required open space may be in land that is located in a floodplain or wetlands.

(5)

Rights-of-way for streets, above ground utility easements, drainage easements, and detention ponds shall be excluded from land considered for open space.

(6)

If the development is to be built in phases, 50 percent of the open space of the entire development must be shown on the Phase I final plat and must be deeded to the homeowners' association or other entity responsible for its maintenance and payment of taxes. This requirement must be met prior to approval of the final plat.

(g)

Design standards for public roads. It is the intent of this section to minimize the amount of site disruption caused by roadways and the associated grading required for their construction.

(1)

Streets shall follow existing contours to minimize the extent of cuts and fills.

(2)

Maximum centerline radius for residential collectors shall be 150 feet. However, when topography or aesthetic design concerns prohibit streets which typically take right angle turns followed by an intervening straight segment, reverse curves can be used (no intervening straight segment is required).

(3)

In order to stimulate intra-neighborhood accessibility, all streets within the subdivision shall interconnect as much as possible. Where the interconnection of a street would not promote the purpose of the OSD (subsection (a) of this section), non-interconnected streets (cul-de-sacs) are permissible. A cul-de-sac shall not serve more than 25 single-family dwellings and shall not exceed 1,000 feet in length. Should a cul-de-sac be desired, a turning loop is recommended. Turning loops should include a quarter-acre island of undisturbed native vegetation. The area included in an island that is at least one-quarter acre of undisturbed vegetation shall be counted towards required open space. Turning loops should not be perfectly circular. If the developer demonstrates that a turning loop is for topographic reasons not a feasible development option, a circular, totally paved, cul-de-sac with a radius of 30 feet shall be permitted. An off-center turnaround is preferred as it creates visual variety and improves turning ease for the driver. The right-of-way for a cul-de-sac or turning loop shall extend ten feet beyond the edge of the street pavement.

(4)

Every dwelling shall have direct access to a public street.

(5)

A 25-mile per hour design speed shall be used to establish criteria for minimum grade, maximum grade, minimum tangent length between reverse curves and maximum grade within 50 feet of an intersection.

(h)

Required improvements.

(1)

Water supply. Each dwelling unit shall be connected to a public or community water system approved by the health department.

(2)

Sewerage. All sewerage systems within the development shall meet the requirements of the health department.

(3)

Utilities. All utilities within the subdivision shall be underground.

(4)

Stormwater runoff. The volume and velocity of stormwater runoff after development shall not exceed the volume and velocity of stormwater runoff prior to development.

(5)

Storm drainage system. The developer shall provide a storm drainage system for the subdivision which shall be of sufficient size and design to collect, carry off, and dispose of all predictable surface water runoff within the development and shall be so constructed as to conform with the statutes, ordinances, and regulations of the State of Georgia and Porterdale, Georgia. Proposed storm drainage systems shall be approved by the Porterdale Zoning Administrator.

(6)

Fire hydrant. The developer shall provide a fire hydrant.

(i)

Ownership of the open space.

(1)

All of the land in an OSD shall be owned initially by an individual, by a corporation or by some legal entity. The owner may sell to another person a portion of the OSD to be developed by said person, provided a preliminary plat, in accordance with the original OSD of said portion of the property, has been approved by the Porterdale Council and a performance bond, to ensure construction of streets, has been posted for said property. Individual lots or units in an OSD may be sold after a final plat has been recorded with the lots and units subject to private deed covenants that ensure the continuance of the OSD as originally approved and planned.

(2)

The developer must submit to the Porterdale Council proposed articles of association or incorporation which establish the homeowners' association. Said document must be approved in writing by the Porterdale Council prior to approving said development. The articles of association or incorporation shall be reviewed by the city attorney prior to any action by the city. Any proposed changes in said articles shall require the prior written approval of Porterdale Council.

(3)

Membership in the homeowners' association shall be mandatory for property owners and made a required covenant in all deeds issued or passed. The association shall provide voting and use rights in the open space areas when applicable and charge dues or levy assessments to cover expenses which may include the maintenance of the common areas, open space areas, improvements, rights-of-way, utilities, etc. Such association shall be responsible for the perpetuation, maintenance, and function of all common lands, uses, and facilities. The homeowner's association shall be deemed to have assented to allow Porterdale to perform maintenance of the open space and related facilities if the homeowner's association fails to provide adequate maintenance. If the homeowner's association fails to provide adequate maintenance, Porterdale shall first provide 15 days written notice to the homeowner's association as to the maintenance that is lacking, and, if the association fails to complete said work, the city may perform the work. The owner of each lot or dwelling unit in the OSD shall be deemed to have assented to the city filing a lien against each lot or dwelling unit in the OSD for the full cost of such maintenance, which liens shall be released upon payment to the city of same. Each individual deed, as well as the articles of incorporation, shall include a provision to carry these provisions into effect. Documents creating such corporation shall be submitted to the Porterdale Council for approval and shall be recorded by the clerk of court.

(4)

All lands and improvements, including any improvements to the open space, shall be described and identified as to location, size, use, and control in a restrictive covenant. These restrictive covenants shall be written so as to run with the land and become a part of the deed of each lot or dwelling unit within the development. All open space shall be deemed a common area and may be used by all residents in the development. A pro rata portion of the open space shall be included with each residential or commercial lot in the OSD for tax purposes only. Taxes on the open space shall be paid by the individual homeowner rather than the homeowners' association.

(5)

Such restrictive covenants and the association shall continue in effect so as to control the availability of facilities for their intended function, and to protect the development from additional unplanned densities and use. Such association shall not be dissolved, nor shall such association dispose of any common, open space or natural land by sale or otherwise, except to an organization or association conceived and organized to own and maintain such areas, without prior written consent of the Porterdale Council.

(6)

Any and all open space lands shall be held in common ownership by the dwelling unit owners. All open space, however, has been set aside to lessen the environmental and visual impact of the subdivision on the rural landscape. Therefore, any change in the open space, other than to maintain it in reasonable order and condition in accordance with the approved final plan, requires prior written approval of Porterdale.

(j)

Procedural requirements.

(1)

Formal application for conceptual plan approval of the project shall be submitted to the Porterdale Council.

(2)

The applicant shall submit to the Porterdale Council the following information to determine whether the proposed development meets the required standards and shall pay any required fees.

a.

A separate sketch plan showing the maximum number of dwelling units which could reasonably be expected to be developed on the property under the underlying zoning district, in full conformance with zoning, health codes, and other local, state and federal requirements.

b.

A topographic and boundary line map with five foot contour lines that shows the edge of the hardwood forest, wetlands, floodplains, identified scenic views, historic or archeological sites, and environmentally sensitive habitats.

c.

The relationship of the proposed development to surrounding development and roads.

d.

A preliminary sketch site plan showing approximate locations of proposed streets, road, and parking, where appropriate, proposed locations of lots, types and locations of proposed buildings, and the locations of proposed public or common open spaces and the amount of acreage developed to specific uses.

e.

Any statistical tabulations required to show that the proposed development meets the specific requirements of an OSD as specified in these regulations.

(3)

If the conceptual plan is approved by the council, the developer shall thereafter submit a preliminary plat containing all the information required by these regulations and any other applicable regulations of Porterdale for any part or section of the land for which he expects to seek subdivision approval and shall pay any required fees. The preliminary plat shall be submitted to Porterdale Council.

(4)

Approval of the preliminary plat shall be by the council.

(5)

Initiation of improvements shall proceed in accordance with the Porterdale Subdivision Regulations.

(6)

Request for final plat approval shall be in accordance with the Porterdale Subdivision Regulations.

(Code 2003, § 39-104(5)(A))