The following zoning districts are hereby established:

R-30, Single-Family Residential District

R-20, Single-Family Residential District

R-15, Single-Family Residential District

MDR, Medium Density Residential District

PUD-R, Planned Unit Development-Residential

MXU, Mixed-Use District

O-I, Office-Institutional District

NRC, Neighborhood Retail Commercial District

CRC, Community Retail Commercial District

CBD, Central Business District

LI, Light Industrial District

BP, Business Park District

HI, Heavy Industrial District

The boundaries of the zoning districts established in this article are shown on the official zoning map, or as otherwise interpreted in strict conformity with the provisions of division V of this article.

(a)

Uniformity. Within each zoning district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of building, structure or land, except as may be altered through conditions of zoning applied to specific properties.

(b)

Conditions specific to property. All conditions of rezoning, special use, or variance approval applied to property prior to adoption or re-adoption or amendment of the official zoning map are hereby retained and reaffirmed, and shall continue in full force and effect until such time as the property is rezoned or the prior zoning action of the Mayor and City Council is amended through the applicable process established by article 13 of this development code.

No building, structure, land, or water shall hereafter be used or occupied, and no building or structure or part hereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with the use provisions and other regulations for the zoning district in which it is located, as well as all other applicable provisions of this development code, or amendments thereto.

(a)

Relationship to comprehensive plan. The R-30 Zoning District is intended to implement the "suburban residential" future development area established by the comprehensive plan. The R-30 Zoning District is intended to implement the "low density residential" future land use category established by the comprehensive plan.

(b)

Purposes and intentions. This zoning district is intended to establish and protect existing neighborhoods comprised primarily of detached, single-family dwellings at densities not exceeding 1.45 dwelling units per acre. Conservation subdivisions, which may be constructed at densities slightly higher than that permitted for conventional single-family residential development, are also permitted subject to compliance with the provisions of article 15, division IX of this development code. Institutional and park, recreation, and greenspace uses are also accommodated. This zoning district is generally isolated from commercial and industrial uses.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-1, "Permitted and Special Uses by Residential Zoning District."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-2, "Dimensional Requirements for Residential Zoning Districts." Conservation subdivisions are subject to compliance with the provisions of article 15, division IX of this development code.

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(f)

Open space. Open space shall be required in accordance with the regulations in section 1-35.

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

(a)

Relationship to comprehensive plan. The R-20 Zoning District is intended to implement the "suburban residential" future development areas established by the comprehensive plan. The R-20 Zoning District is intended to implement the "low density residential" future land use category established by the comprehensive plan.

(b)

Purposes and intentions. This zoning district is intended to establish and protect existing neighborhoods comprised primarily of detached, single-family dwellings at densities not exceeding 2.17 dwelling units per acre. Conservation subdivisions, which may be constructed at densities slightly higher than that permitted for conventional single-family residential development, are also permitted subject to compliance with the provisions of article 15, division IX of this development code. Institutional and park, recreation, and greenspace uses are also accommodated. This zoning district is generally isolated from commercial uses and industrial.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-1, "Permitted and Special Uses by Residential Zoning District."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-2, "Dimensional Requirements for Residential Zoning Districts." Conservation subdivisions are subject to compliance with the provisions of article 15, division IX of this development code.

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(f)

Open space. Open space shall be required in accordance with the regulations in section 1-35.

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

(a)

Relationship to comprehensive plan. The R-15 Zoning District is intended to implement the "suburban residential" future development areas established by the comprehensive plan. The R-15 Zoning District is intended to implement the "low density residential" future land use categories established by the comprehensive plan.

(b)

Purposes and intentions. This zoning district is intended to establish and protect existing neighborhoods comprised primarily of detached, single-family dwellings at densities not exceeding 2.9 dwelling units per acre. Conservation subdivisions, which may be constructed at densities slightly higher than that permitted for conventional single-family residential development, are also permitted subject to compliance with the provisions of article 15, division IX of this Code. Institutional and park, recreation, and greenspace uses are also accommodated. This zoning district is generally isolated from commercial and industrial uses.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-1, "Permitted and Special Uses by Residential Zoning District."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-2, "Dimensional Requirements for Residential Zoning Districts." Conservation subdivisions are subject to compliance with the provisions of article 15, division IX of this development code.

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(f)

Open space. Open space shall be required in accordance with the regulations in section 1-35.

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

(a)

Relationship to comprehensive plan. The MDR Zoning District is intended to implement the "village center residential" future development area as established by the comprehensive plan. The MDR Zoning District is intended to implement the "medium density residential" future land use category established by comprehensive plan.

(b)

Purposes and intentions. This district is intended to provide for dwellings at densities not exceeding 3.2 dwelling units per acre for single-family detached residences. Conservation subdivisions, which may be constructed at densities slightly higher than that permitted for conventional single-family residential development, are also permitted subject to compliance with the provisions of article 15, division IX of this Code. This district also permits duplexes, triplexes, quadraplexes, townhouses, and condominiums by right at densities not exceeding 5 dwelling units per acre. Density increases are also permitted by special use not exceeding 8 dwelling units per acre, provided development incorporates exceptional traditional neighborhood development design and amenities into the site plan. Institutional and park, recreation, and greenspace uses are also accommodated.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-1, "Permitted and Special Uses by Residential Zoning District."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-2, "Dimensional Requirements for Residential Zoning Districts." Conservation subdivisions are subject to compliance with the provisions of article 15, division IX of this development code.

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(f)

Open space. Open space shall be required in accordance with the regulations in section 1-35.

(g)

Private open space required. In addition to common open space requirements, every single-family detached and single-family attached dwelling unit zoned MDR shall have a minimum 400 square foot private yard or patio arranged for use by the occupants of the dwelling and located in the side or rear yard. The private yard or patio may be enclosed by any combination of the following: a masonry wall, wood fence, trellis or lattice with a minimum height of six feet; or an evergreen hedge, shrubs or trees that will achieve a height of six feet within three years of planting under normal growing conditions.

(h)

Design features. Every single-family detached, single-family attached or multi-family development zoned MDR must be deemed by the Mayor and City Council to incorporate features of exceptional architectural, landscaping or site design prior to zoning approval. Such plans upon which this determination is made shall be considered a part of the zoning approval of the project.

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

(a)

Relationship to comprehensive plan. The PUD-R district is compatible with the "suburban residential neighborhood," "village center residential," and "neighborhood activity center" future development areas as established by the comprehensive plan.

(b)

Purpose and intentions. The PUD-R district is intended to allow flexible site planning and building arrangements under a unified plan of development so that innovative land planning methods may be utilized which foster natural resource conservation and neighborhood cohesiveness as well as neo-traditional developments. This may permit buildings to be clustered or arranged in an unconventional manner to maximize open space, create a pedestrian scale and other public benefits. In this district smaller lots than might otherwise be permitted under traditional zoning districts may be allowed; however, the purpose is not merely to allow smaller lots or reduce development requirements but to achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, open space, walking trails, etc. The PUD-R district is intended to encourage greater density of development for single-family detached residences, duplexes, and townhouses to encourage ingenuity and resourcefulness in land planning techniques which result in quality residential patterns that conserve and create open space, reduce vehicle trips, and provide stable developments which enhance the surrounding area. Density in the PUD-R district shall not exceed eight dwelling units per acre.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-1, "Permitted and Special Uses by Residential Zoning District."

(d)

Area Regulations. The minimum tract area size for all properties intended to be zoned PUD-R is three acres.

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(f)

Site design. The following site design requirements apply to all properties zoned PUD-R:

1.

The building setback abutting any residential or industrial zoning district must be 25 feet along the perimeter of the site.

2.

The minimum landscape buffer width abutting any zoning district shall be 25 feet for the entire perimeter of the site.

3.

All residential units shall have two-car garages, and the parking pads/driveway in front of the garage shall be a minimum of 22 feet in length in order to accommodate two additional cars without encroaching on the sidewalk. The garages shall be used for the parking and storage of vehicles and may not be enclosed to provide for additional residential space.

4.

Accessory structures may not be closer to any right-of-way or property lines than the principal building. In the case of corner lots, the accessory structure may be no closer to any right-of-way than the principal building. No accessory structure may exceed the more restrictive of either 15 feet or the height of the principal building.

5.

Materials to be used on exterior facades of all buildings shall include no less than 50 percent brick or stone on the front and side facades. If the rear of the building faces the main right-of-way, 50 percent brick on the rear façade that is visible to the main road will be required. Brick and stone requirements shall be applied to all stories of a building. All other building materials must be consistent with the architectural standards outlined in this Code.

6.

A landscape strip is required for any portion of the development adjacent to a right-of-way. One canopy tree shall be planted along every street frontage at a quantity equal to one tree per 40 feet of property frontage. The landscape strip must also include evergreen trees and shrubs. The width of the landscape strip is required as follows:

a)

When adjacent to an arterial or collector street, the landscape strip must be no less than 20 feet in width.

b)

For all other streets, the landscape strip must be no less than ten feet in width.

7.

All PUD-R developments shall comply with the requirements of article 12.

8.

If a development does not have lots, the units must meet the required square footage outlined for the PUD-R zoning district.

(g)

Open space. Open space shall be required in accordance with the regulations in section 1-35.

(h)

Application requirements. All PUD-R developments shall be zoned subject to site specific plans and are subject to applicable requirements of the Unified Development Code.

1.

A detailed site plan is required with all rezoning applications and must include the following:

a)

The location and extent of public rights-of-way, easements, and water and drainage courses bounding and within the tract must be included in the general plan by reference to a plan or drawing.

b)

Minimum standards for lot development such as setbacks and lot size.

c)

Open space and recreation area provisions.

d)

Detailed landscaping plan.

e)

Detailed architectural elevations of the proposed buildings.

f)

Provide lot typical for interior and corner lots.

2.

The PUD-R allows for flexibility in design therefore, as part of the rezoning application, all provisions of the Unified Development Code that cannot be met as part of the development must be specifically identified in the rezoning application. After approval of the PUD-R, no other variance may be requested. Any modification to the PUD-R after approval must be considered as a change in zoning, unless identified as a minor site plan revision as defined in section 13-54 or eligible for administrative relief in accordance with section 16-6.

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

Table 2-1
Permitted and Special Uses by Residential Zoning District

(Ord. No. 2023-07, § 1(Exh. A), 7-17-2023; Ord. No. 2023-008, § 1(Exh. A), 8-21-2023; Ord. No. 2024-009, 1(Exh. A), 8-19-2024)

Table 2-2Dimensional Requirements for Residential Zoning Districts
NP = Not Permitted  NA = Not Applicable

† As established as part of the zoning approval for the development

* As established in section 2-15

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

(a)

Relationship to comprehensive plan. The MXU Zoning District may be appropriate for the "village center residential," "town center mixed use," "neighborhood activity center," and "community activity center" future development areas established by the comprehensive plan. The MXU Zoning District may be appropriate to implement the "downtown," "community," and "neighborhood" activity center future land use categories established by the comprehensive plan.

(b)

Purposes and intentions. The MXU district is established to provide locations for planned combination of commercial and office uses with residential uses. Appropriate intensities of development are directly related to the varying intensities encouraged by the comprehensive plan in various locations throughout the city. The intent of the MXU district is to allow the opportunity for an integrated mixture of residential and commercial employment-generating uses within the same structure or site, including upper floor residential over ground floor commercial or office uses; and the combination of residential and nonresidential uses on the same floor, such as ground-floor live-work units. Uses within a MXU Zoning District are intended to be located and designed as a unified development.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-3, "Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts."

(d)

Dimensional requirements. Unless otherwise specified in Table 2-4, "Dimensional Requirements for Mixed-Use and Non-residential Zoning Districts" of this Code, design features of a mixed-use development, such as minimum lot sizes, minimum lot widths and frontage requirements, buffer widths, building setbacks, minimum dwelling unit floor areas, and maximum building heights, will be established on a project-by-project basis, incorporating specifications and site plans of the development into conditions of zoning approval.

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(f)

Land use mix. The proportion and distribution of nonresidential to residential uses in a Mixed-Use development is determined by the land use category in which the mixed-use development is located as delineated on the future land use map of the comprehensive plan. The applicable future land use map category also determines the maximum number of dwelling units and the maximum commercial and office floor area that can be allowed in the mixed-use development based on the maximum allowed density. These limitations and the distribution of residential density within a mixed-use development are specified in Table 2-5.

(g)

Open space. Open space shall be required for residential uses in MXU developments in accordance with the regulations in section 1-35.

(h)

Minimum area for rezoning. The minimum land area to rezone to the MXU Zoning District is 2 acres.

(i)

Development. Commercial structures and uses are to be located and designed as a unified development. Residential and commercial/office uses may either be located in freestanding buildings within a site, or combined together within the same building. Development is to be carefully planned to ensure the benefits of mixed-use development are fully realized and potential negative impacts of one use on another are minimized, both within the development and along its periphery.

(j)

Sequencing of commercial with residential development. Unless another sequencing provision is substituted by Mayor and City Council as part of the MXU development approval, no more than 50% of the total number of dwelling units authorized in the MXU development shall receive building permits from the city until a building permit is issued, and certificate of occupancy is issued for at least 5,000 square feet of nonresidential space or 25% of the square footage of nonresidential development authorized in the MXU development, whichever is greater.

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

Table 2-3
Permitted and Special Uses in
Mixed-Use and Non-residential Zoning Districts

(Ord. No. 2023-07, § 1(Exh. A), 7-17-2023; Ord. No. 2023-008, § 1(Exh. A), 8-21-2023; Ord. No. 2023-014, § 1(Exh. A), 9-18-2023; Ord. No. 2024-009, § 1(Exh. A), 8-19-2024)

Table 2-4
Dimensional Requirements for Mixed Use and Non-residential Zoning Districts

NA = Not Applicable
‡ As established as part of the zoning approval for the development.

Table 2-5
Distribution of Residential and Office/Commercial Portions of a
Mixed-Use Development

(Ord. No. 2022-033, § 1(Exh. A, B, C), 1-3-23)

(a)

Relationship to comprehensive plan. The O-I Zoning District is intended to implement the "employment center" future development area established by the comprehensive plan. The O-I Zoning District is intended to implement the "office professional" future land use category shown on the future land use plan map established by the comprehensive plan.

(b)

Purposes and intentions. The O-I Zoning District is established to provide locations for office park development and to accommodate institutional uses. Uses are limited primarily to professional offices. The O-I Zoning District is intended to provide an appropriate transition between neighborhood or commercial activity centers as described in the comprehensive plan, and single-family neighborhoods. Properties containing single-family dwellings on lots fronting heavily traveled roads may be considered appropriate for this zoning district if they are transitional in nature, i.e., experiencing diminished desirability for continued residential use and increased utility for adaptive reuse as offices. Commercial retail and services supporting office uses and compatible with adjacent single-family residential neighborhoods are also appropriate in this district.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-3, "Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-4, "Dimensional Requirements for Mixed-Use and Non-residential Zoning Districts."

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(f)

Open space. Open space shall be required for residential uses in accordance with the regulations in section 1-35.

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

(a)

Relationship to comprehensive plan. The NRC Zoning District is intended to implement the "neighborhood activity center" future development area established by the comprehensive plan. The NRC Zoning District is intended to implement the "neighborhood activity center" future land use category established by the comprehensive plan.

(b)

Purposes and intentions. The NRC Zoning District is established to provide locations for retail, services, and office uses at a neighborhood level of intensity, serving a small market area, in a manner that is compatible with adjacent neighborhoods, and without intense traffic generation. Uses permitted consist primarily of convenience shopping facilities and services that serve a neighborhood-oriented market and which supply convenience goods and/or services. NRC Zoning Districts are intended to provide pedestrian-oriented neighborhood focal points serving adjacent and nearby neighborhoods. NRC Zoning Districts are small in total area so as to limit the scale and scope of development and to control adverse impacts on adjacent neighborhoods.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-3, "Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum required building setbacks and other dimensional requirements shall be as provided in Table 2-4, "Dimensional Requirements for Mixed-Use and Non-residential Zoning Districts."

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(a)

Relationship to comprehensive plan. The CRC Zoning District is intended to implement the "community activity center" future development established by the comprehensive plan. The CRC Zoning District is intended to implement the "community activity center" future land use category established by the comprehensive plan.

(b)

Purposes and intentions. The CRC Zoning District is established to accommodate commercial uses serving a citywide or regional market. This zoning district is typically if not exclusively designated on properties abutting and with access to major arterial streets and at intersections of arterial streets with other major streets, where development nodes can be supported by the regional transportation network. Higher density residential uses in certain locations may be permitted.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-3, "Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-4, "Dimensional Requirements for Mixed-Use and Non-residential Zoning Districts."

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this development code.

(f)

Open space. Open space shall be required for residential uses in accordance with the regulations in section 1-35.

(Ord. No. 2023-008, § 1(Exh. A), 8-21-2023)

(a)

Relationship to comprehensive plan. The CBD Zoning District is intended to implement the "town center mixed use" future development area established by the comprehensive plan. The CBD Zoning District is intended to implement the "downtown activity center" future land use category established by the comprehensive plan.

(b)

Purposes and intentions. The CBD Zoning District corresponds with the established downtown area of Powder Springs, which is the historic cultural, business, and governmental center of the city. The CBD Zoning District is intended foster a unique sense of place and identity for the city. This intent can be achieved by providing for an appropriate mixture of land uses and intensity of development conducive to maintaining the downtown area as a focal point for civic activities and traditional "main street" retail commercial and service uses. The CBD Zoning District is also intended to provide for a vibrant mix of land uses within easy walking distance of abutting and adjacent neighborhoods, including commercial, office, various forms of housing, civic uses, and parks and recreation areas. Townhomes and loft apartments are considered particularly appropriate residential uses. The absence of front building setbacks in the CBD Zoning District encourages a public realm that promotes "street life" while allowing for greater utilization of the land.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-3, "Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-4, "Dimensional Requirements for Mixed-Use and Non-residential Zoning Districts."

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this unified development code.

(a)

Relationship to comprehensive plan. The BP Zoning District is intended to implement the "professional employment center" and "industrial areas" future development areas established by the comprehensive plan. The BP Zoning District is intended to implement the "office professional," "industrial compatible," and "industrial" future land use categories established by the comprehensive plan.

(b)

Purposes and intentions. The BP Zoning District is established to provide locations for business and employment facilities in a designed, planned, often campus-style development pattern. Businesses in this zoning district typically do not involve heavy manufacturing or fabrication of products. Retail and other customer-oriented uses are allowed as special uses to support employment intensive businesses; however, the BP District is not intended to accommodate businesses that serve large numbers of customers on site, nor are BP districts intended to compete with the downtown area and other commercial zoning districts in the city.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-3, "Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-4, "Dimensional Requirements for Mixed-Use and Non-residential Zoning Districts."

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this unified development code.

(a)

Relationship to comprehensive plan. The LI Zoning District is intended to implement the "industrial areas" future development area shown on the future development map provided and further described in the comprehensive plan. The LI Zoning District is intended to implement the "industrial compatible" and "industrial" future land use categories shown on the future land use plan map provided and further described in the comprehensive plan.

(b)

Purposes and intentions. The LI Zoning District is established to provide locations for office, automotive repair, light manufacturing and distribution/service facilities. The LI Zoning District does not involve or permit manufacturing establishments which emit smoke, water pollution, or excessive noise such as those resulting from the conversion of raw materials into finished products. Rather, uses permitted uses in the LI Zoning District are primarily those that consist of processing, assembling, cleaning, servicing, testing, or repairing of materials, goods or products. Transportation, warehousing, and distribution uses are accommodated as are certain commercial uses supportive of or compatible with other uses permitted in the zoning district.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-3, "Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-4, "Dimensional Requirements for Mixed-Use and Non-residential Zoning Districts."

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this unified development code.

(a)

Relationship to comprehensive plan. The HI Zoning District is intended to implement the "industrial areas" future development areas established by the comprehensive plan. The HI Zoning District is intended to implement the "industrial" future land use category established by the comprehensive plan.

(b)

Purposes and intentions. The HI Zoning District is established to provide locations for heavy industrial uses such as manufacturing, uses involving chemicals, the storage of petroleum products and other bulk storage facilities, intensive automobile repair and service, warehousing and storage uses, equipment yards, and railroad yards. Uses that generate waste or pollution are subject to state permitting and demonstration of compliance therewith.

(c)

Permitted and special uses. Permitted and special uses shall be as provided in Table 2-3, "Permitted and Special Uses in Mixed-Use and Non-residential Zoning Districts."

(d)

Dimensional requirements. Minimum lot size, minimum lot width, maximum building height, minimum building setbacks and other dimensional requirements shall be as provided in Table 2-4, "Dimensional Requirements for Mixed-Use and Non-residential Zoning Districts."

(e)

Design review. Design review shall be required as specified in article 5, site and architectural design review, of this unified development code.

(a)

Purpose. The Downtown Redevelopment Overlay shall apply to all properties within the Livable Centers Initiative ("LCI") Plan study area identified in 2016 LCI application, and the Urban Redevelopment Plan approved in November 2020, as shown on the Official Zoning Map. The purpose of this district is to provide for appropriate planned development of quality mixed-use projects within the City of Powder Springs LCI study and redevelopment area by allowing greater freedom of design, by improving the opportunity for flexibility and creativity in the land development process, by undertaking techniques which foster community and pedestrianism, and by limiting the expenditure of public funds in an effort to achieve the objectives and intent of the city's comprehensive plan and LCI plan and urban redevelopment plan.

Specifically, this district is intended to:

(1)

Allow diversification of uses, structures, densities and open spaces when not in conflict with existing and permitted land uses on abutting properties.

(2)

Reduce development costs through a more efficient use of land and a smaller network of utilities and streets than is possible through the application of standards contained in conventional land development regulations.

(3)

Conserve the natural amenities of the land by encouraging the preservation of environmentally significant, scenic and functional open space.

(4)

Provide maximum opportunity for the application of innovative site planning concepts and the creation of aesthetically pleasing environments for living, shopping, playing and working on properties of adequate size, shape and location.

(5)

Ensure that development will occur according to the advantages and limitations of land, site design, population density, building coverage, improvement standards, and construction phasing as authorized through the approval of a comprehensive site development plan.

(6)

Provide a mechanism to incorporate and implement the goals and intent of the City of Powder Springs Comprehensive Plan and LCI plan and Urban Redevelopment Plan.

(7)

Encourage transportation alternatives, including walking and land use patterns that reduce the need to drive.

(8)

Increase the amount of open space, public meeting areas, and recreational uses.

(9)

Provide a tool for improved development through creative design and an appropriate mixt of land uses.

(b)

Minimum design requirements.

(1)

All projects must be reasonably consistent with the goals and intents of the City of Powder Springs Comprehensive Plan and Urban Redevelopment Plan.

(2)

Within this overlay, the City Council may approve alternatives standards to those in the unified development code for lot sizes, lot widths, building setbacks, densities, parking requirements, right-of-way widths, street widths, buffers, and other components. Alternative standards must be expressly submitted and reviewed as part of an overall plan, in accordance with the procedures found in this section. Alternative standards must support the policies in the comprehensive plan and the LCI vision.

(3)

The city will not consider variances to standards or regulations of other regulating jurisdictions, such as erosion control regulations, fire codes, floodplain control, stream buffers, or other similar regulations, without the express written consent and approval of applicable jurisdiction. Furthermore, said consent shall not guarantee nor require the city to waive any or all requirements.

(4)

All projects should incorporate interconnectivity, pedestrian-friendly improvements, good design, architectural detail, and appropriate scale. Where appropriate, separate land uses are encouraged to be integrated both horizontally and vertically.

(5)

At a minimum all projects shall include and/or incorporate the following components:

a.

All Planned Mixed-Use development projects must have a minimum of 2 discrete type of land use (commercial and single-family, recreational and multi-family, etc.).

b.

All projects must be designed and incorporated together to provide a harmonious transition from one use to another. Common architecture, themes, significant natural features, connectivity and other items must be included.

c.

A functional town center, community green, park, or other focal point must be included to create character and identity.

d.

Interconnections to adjoining property, whether developed or undeveloped, should be included and incorporated into the design where appropriate.

e.

All projects should have adequate and appropriate access.

f.

Other standards, as outlined in the City of Powder Springs comprehensive plan, design guidelines, and LCI plan which are appropriate for the site's specific location and character area should be included. When determining the appropriateness and viability of a proposed project, the city shall consult the City of Powder Springs Comprehensive Plan and LCI plan. Projects that prove that the use of innovative or creative design will benefit the city may be considered for said district.

(c)

Uses permitted. All uses permitted shall be as determined by City Council at the time of project review and approval.

(d)

Development standards.

(1)

The minimum site area shall be 2 acres of contiguous land area.

(2)

No use, setback, height, and coverage requirements or residential types are established. However, existing residential development adjacent to the downtown redevelopment overlay shall be adequately protected by setbacks, landscaped walls and/or other buffers to be established as part of the site development plan review.

(e)

Internal development requirements.

(1)

No minimum lot sizes or shapes shall be required, except as may be established as part of the site development plan review.

(2)

No minimum distance between on-site structures shall be required, except as may be established as part of the site development plan review. However, Fire Code requirements shall be met. Approval of the Cobb County Fire Marshal's office is required prior to issuance of a building permit.

(3)

No minimum yard setbacks shall be required, except as may be established as part of the site development plan review.

(f)

Off-street parking and loading. Adequate off-street parking and loading areas shall be provided as regulated in article 6 of the unified development code. However, reductions in total parking requirements is strongly encouraged. The sharing of off-street parking areas between and the use of adjacent on-street parking to satisfy requirements is permitted by right. The use of porous alternative parking areas is allowed and encouraged where appropriate.

(g)

Landscaping. Landscaping shall be consistent with the minimum requirements as established in the unified development code. The preservation of mature trees and tree stands is strongly encouraged.

(h)

Underground utilities. All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above-ground facilities.

(i)

Accessibility. Every residential unit or permitted use shall have direct access to a public street via a private road, common easement, or other area dedicated or reserved for public use.

(j)

Architectural standards. Unless specifically exempted as part of the stipulations or otherwise permitted during the project development review process by the city, article 8 - project design standards of the unified development code shall apply to all projects.

(k)

Common open space requirements.

(1)

All designated common open spaces shall be preserved by one or more of the following methods:

a.

Public dedication, subject to acceptance by the City Council.

b.

Conveyance to a property owners' association or nonprofit land conservation organization.

c.

Retention of ownership, control and maintenance by the developer with a permanent conservation easement dedicated to the city in perpetuity.

(2)

All privately-owned common open space shall conform to its intended use and remain as expressed in the approved site development plan through the inclusion in all deeds of appropriate covenants. Said deed restrictions shall run with the land.

(l)

Environmental considerations. Protections of wetlands, creeks and streams and compliance with floodplain requirements should be provided in accordance with article 9 of the unified development code.

(m)

Application procedures.

(1)

The following procedures, applications and exhibits are required for project approval in the downtown redevelopment overlay:

a.

Before submitting an application for consideration under the overlay, the applicant shall confer with the community development department to determine the feasibility for the proposed plan and its relationship to the city's comprehensive plan and LCI plan.

b.

Any plan or exhibit as part of an application shall certify that the services of 2 or more of the following professionals were utilized in the design or planning process:

i.

A planner who is a member of the American Institute of Certified Planners;

ii.

A landscape architect registered by the State of Georgia;

iii.

An architect licensed by the State of Georgia; and/or

iv.

A professional civil engineer registered by the State of Georgia.

c.

Fees shall be required at the time of submittal of an application, in conformance with the city's fee schedule, unless otherwise waived as part of the economic development incentives plan.

d.

All shall include the following information on the site development plan and supporting documents:

i.

A recent (less than 2 years) boundary survey with North arrow and

ii.

Scale.

iii.

A full legal description of the property with attached copies of any instruments referred to such as deeds, plats, covenants or restrictions.

iv.

The names and addresses of the owners of the property to be considered and evidence of unified control of the property.

v.

The names and addresses of all adjoining property owners.

vi.

The total area of the site in acres and square feet.

vii.

A map indicating the location, arrangement and dimensions of the following existing features within and immediately adjacent to the property:

Vegetation including tree preserve areas, state waters, land uses, buildings, structures, utilities, drainage ways, easements, public street rights-of-way, railways, floodplains, and property lines.

viii.

A statement as to how the proposed project conforms to the city's adopted comprehensive plan, design guidelines and LCI plan.

ix.

Plans showing the location, arrangement and dimensions of all proposed land uses, including the number of floors per building (other than single-family residential); the height of all non-residential and multi-family buildings above finished grade; building setbacks from perimeter boundaries and from public rights-of-way; a proposed traffic circulation plan showing the location and dimensions of all streets, driveways, walkways, bikeways, parking spaces, and loading areas; and all proposed common elements including utilities, open spaces and recreation areas.

x.

A plan or statement showing the manner of improving common open spaces, together with provisions, restrictions and conditions anticipated for the use, maintenance, and operation of such common elements.

xi.

A statement, in tabular form, of the anticipated gross residential density and overall project density, the total number of dwelling units by type, size and number of bedrooms, and gross floor area devoted to business or other nonresidential uses.

xii.

Proposals for providing preliminary storm water drainage and on-site retention areas and at the city's discretion may include rough calculations, approximate size of retention areas, methods of pollutant removal, location of berms, swales, culverts and sewers, anticipated finished grades, and proposed slopes and grades adjacent to bodies of water

xiii.

An architectural sketch or sketches of typical proposed structures.

xiv.

Proposed streetscape sections along existing and new streets.

xv.

Property owner authorization.

xvi.

Campaign disclosures.

(2)

With input from community development and economic development staff, the Planning Commission and DDA shall make a recommendation to the City Council.

(3)

Upon receiving the recommendation of the Planning Commission and DDA, the City Council shall, at a public hearing, review said recommendation and proposed project. The City Council may then approve, approve subject to conditions, or disapprove the application. Any and all variances to the city's UDC shall be outlined in stipulations and illustrated on the site plan adopted by the city. In the event the consideration is approved by the City Council, the site development plan shall be certified by the city and said certified copy shall be filed as a permanent record. Without exception, the approved plan shall be binding upon all existing and future owners and assigns.

(4)

After approval of a site plan, no permits shall be issued and no development shall commence unless in conformance with the approved site development plan, unless a change or deviation is approved by the city.

(5)

The community development director may approve minor changes and deviations from the approved site development plan which are in compliance with the provisions and intent of this article, and which do not depart from the principal concept of the approved site development plan. Should the director determine that a requested change or deviation from the approved site development plan does not comply with the provisions and intent of this article, or departs from the principles and recommendations of the approved comprehensive plan and LCI plan and urban redevelopment plan, the applicant may apply for approval of such change or deviation to the City Council as a plan amendment.

(6)

If no construction has been initiated or no use established in the downtown redevelopment within 18 months from time of project approval or such time as specified in a development agreement, the approved site development plan shall lapse and become null and void until the plan is resubmitted for approval or a new site plan is approved as a plan amendment.

(a)

Purpose. The city E-Commerce and Logistics Overlay District is established for the purpose of incentivizing the development and redevelopment of targeted annexation areas, professional employment centers, commercial corridors (per the comprehensive plan) and other areas as may be identified by action of the Mayor and Council.

(b)

Definitions. E-Commerce retail uses (for areas recommended via the comprehensive plan as professional employment centers and commercial corridors) : E-Commerce retail uses are established to provide locations for retail uses closely associated with e-commerce as well as other e-commerce related uses such as alcohol delivery to individuals in accordance with O.C.G.A. § 3-3-10, Catalog showrooms, general merchandise (except catalog mail-order), commercial banking, couriers and express delivery centers/facilities, electronic vehicle charging stations, local messengers and local delivery centers/facilities, private mail centers, safe exchange zones, shared workspaces/coworking spaces including limited food and beverage sales, breweries, wineries and distilleries provided that such use shall meet or exceed any applicable county, state or federal law on alcohol, parcel delivery lockers provided no structure exceeds 2,500 square feet, Small cell wireless facilities and antennas which are subject to permitting regulation under the Georgia Streamlining Wireless Facilities and Antennas Act, O.C.G.A. title 36, chapter 66C.

E-Commerce business park uses (for areas recommended via the comprehensive plan as professional employment centers and commercial corridors): E-Commerce business park uses are established to provide locations for e-commerce enterprises and office uses and business to consumer logistics uses such as couriers and express delivery services, data processing, hosting, and related services, electronic shopping and mail-order houses, electronic vehicle charging stations, financial transactions processing, reserve, and clearinghouse activities, local messengers and local delivery, shared workspaces/ coworking spaces including limited food and beverage sales, telephone call centers, virtual kitchens, fuel storage for on-site use of vehicles and equipment provided that any fuel storage over 600 gallons must be permitted through the State Fire Marshall, small cell wireless facilities small cell wireless facilities and antennas which are subject to permitting regulation under the Georgia Streamlining Wireless Facilities and Antennas Act, O.C.G.A. title 36, chapter 66C.

Advanced manufacturing logistics uses (limited to only areas recommended via the comprehensive plan as professional employment centers: Advanced manufacturing logistics uses are established to provide locations for limited industrial compatible and light manufacturing uses such as aerospace product and parts manufacturing, other transportation equipment manufacturing as listed in NAICS Code 336999, apparel manufacturing, computer and electronic product manufacturing, computer systems design and related services, corporate or administrative offices for any permitted uses within this district which may allow ancillary uses including food, infirmary, fitness centers and childcare, data processing, hosting, and related services, electronic vehicle charging station, fluid power pump and motor manufacturing, fuel storage for on-site use of vehicles and equipment, furniture and related product manufacturing, glass and glass product manufacturing, medical equipment and supplies manufacturing, pharmaceutical and medicine manufacturing, scientific research and development services excluding any biohazards, small cell wireless facilities small cell wireless facilities and antennas which are subject to permitting regulation under the Georgia Streamlining Wireless Facilities and Antennas Act, O.C.G.A. title 36, chapter 66C.

(c)

Minimum design requirements.

a.

All projects must be reasonably consistent with the goals and intents of the City of Powder Springs Comprehensive Plan.

b.

Within this overlay, the City Council may approve alternatives standards to those in the unified development code for lot sizes, lot widths, building setbacks, densities, parking requirements, right-of-way widths, street widths, buffers, and other components.

c.

The city will not consider variances to standards or regulations of other regulating jurisdictions, such as erosion control regulations, fire codes, floodplain control, stream buffers, or other similar regulations, without the express written consent and approval of applicable jurisdiction. Furthermore, said consent shall not guarantee nor require the city to waive any or all requirements.

(d)

Uses permitted. All uses permitted shall be as determined by City Council at the time of project review and approval generally consistent with the definitions established for E-Commerce retail uses, E-Commerce business park uses and advanced manufacturing logistics uses.

(e)

Off-street parking and loading. Adequate off-street parking and loading areas shall be provided as regulated in article 6 of the unified development code. However, reductions in total parking requirements is strongly encouraged. The sharing of off-street parking areas between and the use of adjacent on-street parking to satisfy requirements is permitted by right. The use of porous alternative parking areas is allowed and encouraged where appropriate.

(f)

Landscaping. Landscaping shall be consistent with the minimum requirements as established in the unified development code. The preservation of mature trees and tree stands is strongly encouraged.

(g)

Underground utilities. All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above-ground facilities.

(h)

Environmental considerations. Protections of wetlands, creeks and streams and compliance with floodplain requirements should be provided in accordance with article 9 of the unified development code.

(i)

Application procedures.

A.

The following procedures, applications and exhibits are required for project approval in the E-Commerce and logistics overlay:

i.

Before submitting an application for consideration under the overlay, the applicant shall confer with the community development department to determine the feasibility for the proposed plan and its relationship to the city's comprehensive plan.

ii.

Any plan or exhibit as part of an application shall certify that the services of 2 or more of the following professionals were utilized in the design or planning process:

1.

A planner who is a member of the American Institute of Certified Planners;

2.

A landscape architect registered by the State of Georgia;

3.

An architect licensed by the State of Georgia; and/or

4.

A professional civil engineer registered by the State of Georgia.

iii.

No fees shall be required at the time of submittal of an application provided that the community development director has confirmed the proposed plan's relationship to the city's comprehensive plan.

iv.

All shall include the following information on the site development plan and supporting documents:

1.

A recent (less than 2 years) boundary survey with North arrow and

2.

Scale.

3.

A full legal description of the property with attached copies of any instruments referred to such as deeds, plats, covenants or restrictions.

4.

The names and addresses of the owners of the property to be considered and evidence of unified control of the property.

5.

The names and addresses of all adjoining property owners.

6.

The total area of the site in acres and square feet.

7.

A map indicating the location, arrangement and dimensions of the following existing features within and immediately adjacent to the property: Vegetation including tree preserve areas, state waters, land uses, buildings, structures, utilities, drainage ways, easements, public street rights-of-way, railways, floodplains, and property lines.

8.

A statement as to how the proposed project conforms to the city's adopted comprehensive plan.

9.

Plans showing the location, arrangement and dimensions of all proposed land uses, including the number of floors per building; the height of all non- residential buildings above finished grade; building setbacks from perimeter boundaries and from public rights-of-way; a proposed traffic circulation plan showing the location and dimensions of all streets, driveways, walkways, bikeways, parking spaces, and loading areas; and all proposed common elements including utilities, open spaces and recreation areas.

10.

A plan or statement showing the manner of improving common elements, together with provisions, restrictions and conditions anticipated for the use, maintenance, and operation of such common elements.

11.

A statement, in tabular form, of the anticipated gross floor area devoted to business or other nonresidential uses.

12.

Proposals for providing preliminary storm water drainage and on-site retention areas and at the city's discretion may include rough calculations, approximate size of retention areas, methods of pollutant removal, location of berms, swales, culverts and sewers, anticipated finished grades, and proposed slopes and grades adjacent to bodies of water

13.

An architectural sketch or sketches of typical proposed structures.

14.

Proposed streetscape sections along existing and new streets.

15.

Property owner authorization.

16.

Campaign disclosures.

B.

With input from community development and economic development staff, the Planning Commission and DAPS shall make a recommendation to the City Council.

C.

Upon receiving the recommendation of the Planning Commission and DAPS, the City Council shall, at a public hearing, review said recommendation and proposed project. The City Council may then approve, approve subject to conditions, or disapprove the application. Any and all variances to the city's UDC shall be outlined in stipulations and illustrated on the site plan adopted by the city. In the event the consideration is approved by the City Council, the site development plan shall be certified by the city and said certified copy shall be filed as a permanent record. Without exception, the approved plan shall be binding upon all existing and future owners and assigns.

D.

After approval of a site plan, no permits shall be issued and no development shall commence unless in conformance with the approved site development plan, unless a change or deviation is approved by the city.

E.

The community development director may approve minor changes and deviations from the approved site development plan which are in compliance with the provisions and intent of this article, and which do not depart from the principal concept of the approved site development plan. Should the director determine that a requested change or deviation from the approved site development plan does not comply with the provisions and intent of this article or departs from the principles and recommendations of the approved comprehensive plan, the applicant may apply for approval of such change or deviation to the City Council as a plan amendment.

F.

If no construction has been initiated or no use established in the E-commerce and logistics overlay within 18 months from time of project approval, the approved site development plan shall lapse and become null and void until the plan is resubmitted for approval or a new site plan is approved as a plan amendment. Resubmittal for a site development plan that has lapsed within 18 shall require a complete rezoning application fee as described in this unified development code with all required fees, public hearings and advertising requirements.

(a)

The official zoning map, together with explanatory matter thereon, is hereby adopted and made a part of this unified development code. The official zoning map shall be signed by the Mayor in office at the time of adoption, and attested by the Clerk of the City of Powder Springs. The original of the official zoning map shall be kept on record in the office of the City Clerk. A certified copy of the zoning map as originally adopted, and as subsequently officially amended, shall be kept on record in the City Clerk's office.

(b)

The official zoning map may be kept electronically in a geographic information system, and such electronic data shall constitute an integral part of the official zoning map. The community development director may make copies of the official zoning map available to the public for a reasonable fee.

(a)

No changes of any nature shall be made to the official zoning map except for amendments to the map approved by the Mayor and City Council or by adoption of a new official zoning map of the City of Powder Springs.

(b)

The official zoning map may be amended from time to time by the Powder Springs City Council. If, in accordance with the provisions of this Code, the Powder Springs City Council approves changes to the district boundaries or other subject matter portrayed on the official zoning map, such changes shall be made promptly after the amendment has been approved. The date of the zoning district boundary change or amendment and reference to the implementing ordinance shall be provided on the official zoning map.

The boundaries of the zoning districts established by this Code shall be determined on the basis of the location of the boundary as depicted on the official zoning map; provided, however, that the following provisions shall be used where uncertainty exists by the community development director to interpret the exact location of a zoning district boundary shown on the official zoning map.

(a)

Streets. Where boundaries are indicated as approximately following the centerline of streets or highways, street right-of-way lines or such lines extended, such centerline, street right-of-way lines or such lines extended shall be construed to be such boundaries. Where boundaries are indicated as approximately paralleling the centerline of streets or highways, the location of said boundaries shall be determined by using an engineering scale on the zoning map.

(b)

City limit, militia district and land lot lines. Where boundaries are indicated as approximately following the corporate limit line of the city, a militia district line, or a land lot line, such line shall be construed to be such boundaries.

(c)

Property lines. Where boundaries are indicated as approximately following property lines or such lines extended, such property lines or such lines extended, as indicated by boundary survey, deed or legal description maintained in the official file of said zoning adoption or amendment, if available, shall be construed to be such boundaries.

(d)

Water courses and drainage ways. Where boundaries are indicated as approximately following the centerline of a stream bed or river bed, or a drainage way, such centerline shall be construed to be such boundaries.

(e)

Abandonment or vacation of right-of-way. Where a public street or other right-of-way is officially vacated or abandoned, and said street or right-of-way is also a zoning district boundary, the district regulations applicable to the property to which it reverted shall apply to such vacated or abandoned public street or right-of-way.

In the case where the exact location of a boundary cannot be determined by the provisions of this article, the community development director shall determine the location of the boundary. Any such administrative determination is subject to appeal as an administrative decision in accordance with the article 14, division I of this development code.