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Rockdale County Unincorporated
City Zoning Code

CHAPTER 206

BASE ZONING DISTRICTS

Sec. 206-1.- W-P watershed protection district.

(a)

Legislative findings; purpose and intent.

(1)

The board of commissioners finds that Big Haynes Creek was identified as a feasible water source for Rockdale County in a regional water supply plan adopted by the Atlanta Regional Commission (ARC) in 1976. The ARC plan was preceded by a number of other studies that supported an impoundment on Big Haynes Creek. Consistent with these plans and studies, and the county's comprehensive plan, the county first enacted the W-P zoning district regulations and determined that the W-P zoning regulations were needed in the drainage basin contributing to the Upper Big Haynes Creek in 1981 to protect the watershed. These watershed protection zoning regulations require an average lot size of three acres (minimum two acres), among other restrictions, to protect the environmental and aesthetic qualities of this district and to protect the watershed from future environmental degradation.

The board of commissioners further find that in 1987, the Georgia Environmental Protection Division studied the reservoir and the Conyers-Rockdale Big Haynes Creek Impoundment Authority was created by the Georgia General Assembly and charged with constructing a surface water impoundment for a water supply for Rockdale County. In 1988, the Atlanta Regional Commission adopted a regional water supply plan that identified the Big Haynes project. The ARC has repeatedly warned that the region will not be able to meet its water supply demands unless local and regional water supplies are developed. In addition, one of the critical issues identified by the Governor's Growth Strategies Commission was the importance of expanding Georgia's water supply base. The Big Haynes Authority consulted with the U.S. Environmental Protection Agency, the Georgia Environmental Protection Division, the U.S. Wildlife Federation, the Georgia Conservancy, the U.S. Fish and Wildlife Federation and numerous other agencies. The authority held numerous public hearings on the project before the U.S. Army Corps of Engineers issued the Federal Clean Water Act Section 404 permit in October 1992. To protect this future water supply, the Rockdale Board of Commissioners rezoned the remaining portion of the reservoir's watershed in 1993, applying the following regulations to said properties consistent with this extensive planning for this project. The county finds that these W-P regulations, in addition to implementing these studies, will also assist in implementing a two-year study, facilitated by ARC, of the 82-square mile watershed which resulted in a five-county agreement to control pollution in stormwater that runs off impervious surfaces, such as roads, parking lots and rooftops, within the watershed.

The board of commissioners further finds that the W-P zoning regulations are necessary to protect water quality for the county's water treatment plant, capable of treating 22.1 million gallons of water per day (MGD), completed in 2002, enabling Rockdale to utilize Randy Poynter Lake for potable water consistent with these W-P regulations.

(2)

The board of commissioners further finds that the county benefits from additional public parks and recreational facilities and programs. Consistent with this finding the board of commissioners finds that the Randy Poynter Lake (formerly Big Haynes reservoir) property may be used for limited recreation purposes in addition to water supply purposes consistent with the following regulations and those found in chapter 62, article II and the county's comprehensive plan, as amended.

(3)

The board of commissioners finds that it is in the best interests of the citizens of the county to establish and protect a reservoir for drinking water and limited recreational purposes in this part of the county. The board of commissioners finds the Rockdale County Comprehensive Plan adopted July 9, 1991, made certain findings and recommendations regarding water quality, wetlands establishment and preservation, provision of water supply, establishment and preservation and protection of a watershed district, and expansion of public and private recreation uses in the Big Haynes basin. Said comprehensive plan has since been amended and updated. The board of commissioners incorporates the analyses and findings set out in the Rockdale County Comprehensive Plan, as amended, regarding those matters and finds that action to accomplish the goals and objectives as set out in the comprehensive plan are implemented in the following W-P regulations. The board of commissioners finds that the Rockdale Comprehensive Plan requires protection of the Big Haynes Watershed in order to provide optimum conditions for the impoundment of the reservoir and the public water intake site. The board of commissioners further finds that the Rockdale Comprehensive Plan, as amended, determines that the impoundment of the reservoir and the establishment of the watershed protection zoning district are necessary actions to protect the integrity of the reservoir and intake site, particularly those zoning regulations establishing an average lot size of three acres (minimum lot size of two acres), prohibiting commercial and other nonresidential uses, and establishing buffers. The board of commissioners finds that the following regulations governing the W-P district are consistent with the comprehensive plan and will serve to substantially implement the plan.

(4)

The board of commissioners further finds that the watershed protection district as recommended in the comprehensive plan, as amended, will allow for protection of wetlands and the preservation of the integrity of water supplies to the greatest extent possible. The state Department of Natural Resources "Environmental Planning Criteria for Water Supply Watersheds" defines Big Haynes Creek as a "small" water supply watershed. The state Department of Natural Resources' criteria require, among other things, streamside and lakeside vegetated buffers, impervious surface setbacks, and septic tank and drain field setbacks, and that impervious surface be limited throughout the entire watershed to a maximum of 25 percent of the area. As a result of the Atlanta Regional Commission cooperative watershed study, and other studies, the necessary limitation for impervious surface throughout the entire W-P district is at least ten percent of the total area.

(5)

The following regulations are intended to protect the health, safety and general welfare of the citizens of the county and to implement the policies and objectives and findings of the comprehensive plan, as amended, through the enactment of regulations governing the use of the affected land pursuant to the county's zoning, planning and general police powers. The purpose of the watershed protection zoning district is to protect the public health by setting standards for land use which will maintain, and where possible improve the purity of water in the streams in the county that flow into the public water intake and reservoir. The W-P district is intended to provide for low density residential development, public and private open space, park land, and related uses that are compatible with the primary purpose of protecting the purity of the water and that are substantially related to the primary intended land use of low-density residential development and limited recreational uses.

(b)

Definitions. The following words, terms, or phrases, when used in this section, shall have the meanings ascribed to them in this section; except where the context clearly indicates a different meaning.

Agri-tourism: An agriculturally based operation or activity that brings visitors to a farm for purposes of direct to consumer sales, agricultural education, hospitality, recreation or entertainment in order to generate supplemental income for the farmer.

Easement rights: An easement right which shall inure to the benefit of the county in the form of either: (i) a conservation easement in relation to the reservoir buffer area; (ii) a conservation easement in relation to water quality protection; or (iii) an ingress/egress easement.

Flood pool area: The area lying between the 735 mean sea level (MSL) line and the 739.8 MSL line as established by the 100-year flood event.

Normal pool: The area of the reservoir impoundment contained within the 735-foot MSL contour line from which the reservoir buffer area, impervious surface setback, and the septic system setbacks are to be measured.

Organic farming: Any primary use of a tract or parcel of land for the purpose of growing and harvesting, farming or any other use which contributes to the production of agricultural, floricultural or horticultural products for the purpose of beautification, education, outreach, agri-tourism, on-site sale or off-site-sales. All farming shall be conducted in a manner consistent with the USDA organic standards, codified in 7 CFR Part 205, Subpart C, including avoiding the use of prohibited pesticides, fertilizers, and/or synthetic substances. USDA organic certification pursuant to 7 CFR Part 205, Subpart E is not required. In order to secure its annual business license from the County, the operator shall produce documentation evidencing farming practices for the preceding year consistent with United States Department of Agriculture (USDA) organic standards, codified in 7 CFR Part 205, Subpart C. Greenhouses, hoop houses, trellises, raised beds, tool sheds, farm stands, and any other accessory structure used in the operation of an organic farm are permitted in the W-NR subzone. All structures, buildings or enclosed areas used for the operation shall be a minimum of 100 feet from all property lines. Equipment producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet from the nearest residential structure.

Randy Poynter Lake (previously Big Haynes Creek Reservoir): The water impoundment project consisting of the impounded waters from Big Haynes Creek located in Rockdale County, Georgia.

Recreation grounds and facilities: Land and structures owned or leased by a governmental entity and used or intended to be used for the purpose of public leisure activities such as picnic areas, sports facilities, fishing piers, boating ramps, related equipment storage and similar activities.

Reservoir buffer area: The area extending a horizontal distance of 150 feet outward from the normal pool elevation (735 feet MSL) and maintained as a natural or enhanced vegetated area around the reservoir.

Reservoir manager: The designated agency or employee of the board including the authorized representatives of the reservoir manager.

Short-term rentals are permitted in W-NR (watershed/nonreservoir area) in accordance with the supplemental regulations found in section 218-13(mmm2).

Stream buffer area: The area extending a horizontal distance of 100 feet from the top of both banks of a perennial stream and maintained as a natural or enhanced vegetated area with no or limited minor land disturbances.

W-P country store: A community store building lawfully in existence prior to the adoption of the watershed protection zoning district, used solely or principally for the purpose of sales to the public of general merchandise, including, but not limited to packaged food and beverages, small houseware articles, papers and magazines, and similar "general store" items.

(c)

District boundaries. There is hereby established a zoning district known as the watershed protection district (W-P). This W-P district shall consist of all land within the district boundary line specified as W-P including all subzones, on the county's official zoning map identified in section 202-3. The regulations set forth in this section shall apply to all land within this W-P district.

(d)

Watershed subzones delineated. The watershed protection (W-P) district has distinct land areas that require separate regulations. Accordingly, there are hereby created within the W-P district the following five subzones:

(1)

Watershed/nonreservoir area (W-NR).

(2)

Watershed/reservoir water area (W-RW).

(3)

Watershed/reservoir recreation area (W-RR).

(4)

Watershed/reservoir buffer area (W-RB).

(5)

Watershed/reservoir prohibited area (W-RP).

These five subzones shall be delineated as specified on the official zoning map and made a part of this section. Uses permitted within each subzone shall be as specified in the table of permitted uses. All other regulations set forth in this section shall apply to all subzones unless otherwise stated. The following further describes each subzone area:

(1)

W-NR: Watershed/non-reservoir area. The watershed/non-reservoir area subzone comprises the watershed area within the boundaries of the county as defined in the comprehensive plan. This area comprises all land outside the reservoir water area, the reservoir buffer area, the reservoir recreation area and the reservoir prohibited areas.

(2)

W-RW: Watershed/reservoir water area. The watershed/reservoir water area subzone comprises the entire area of the water impoundment owned in fee simple by the county.

(3)

W-RR: Watershed/reservoir recreation area. The watershed/reservoir recreation area subzone comprises the areas suitable for recreational uses. This subzone comprises governmentally owned land both within and outside the normal pool of the reservoir. The portion of the recreation area subzone lying outside the normal pool area comprises approximately 25 percent of the reservoir shoreline and is subject to the Big Haynes Reservoir Management Ordinance as found in article II of chapter 62.

(4)

W-RB: Watershed/reservoir buffer area. The watershed/reservoir buffer area subzone is comprised of the land area lying within 150 feet, horizontally, outside of the reservoir impoundment water surface at normal pool.

(5)

W-RP: Watershed/reservoir prohibited area. The watershed/reservoir prohibited area subzone is comprised of those areas associated with the reservoir that are established for the protection of project operations and ecosystems and to provide for the physical safety of the recreational visitor. This subzone comprises approximately one percent of the reservoir shoreline.

(e)

Permitted uses. The table of permitted uses sets forth the uses permitted in each subzone of the watershed protection zoning district. Any use not expressly permitted in such table is prohibited. Uses or accessory uses which generate or utilize hazardous or toxic waste are prohibited.

(f)

Nonconforming uses. Except as otherwise provided in subsection (g), all nonconforming situations shall be regulated pursuant to chapter 234 of the UDO.

(g)

Nonconforming retail uses.

(1)

Findings. The board of commissioners finds that four nonconforming community store uses were in existence in the W-P district prior to the enactment of the watershed protection zoning district. The board of commissioners finds that the necessity for stringent environmental and water quality regulations in the district must be carefully balanced with the individual hardships associated with restrictions on these nonconforming uses as well as the public interest served by continuing to provide existing general store/retail services to residents and visitors in the district. Accordingly, the board of commissioners finds that with regard to these existing nonconforming W-P country store uses, limited expansion may be authorized, but only in strict accordance with the standards and criteria set forth in subsection (g)(2). It is the specific intent of this subsection (g) to prohibit any new nonresidential use or structure not specifically authorized herein, including but not limited to restaurants, convenience stores, gasoline sales, and other retail establishments.

(2)

Criteria. Notwithstanding the provisions of chapter 234 of the UDO, the legal nonconforming W-P country stores located within the W-P district may be altered and/or expanded in strict accordance with these standards and criteria:

a.

All building applications for the renovation, redevelopment, expansion or improvement of any nonconforming W-P country store use within the W-P district shall be accompanied by detailed architectural plans and renderings. Such construction plans shall reflect an architectural style that is consistent with the residential and rural development pattern in the W-P district. All such plans shall be reviewed by the director for consistency with these requirements. The front elevation exterior facade, visible from the public right-of-way, shall be constructed of wood.

b.

No building shall be constructed, expanded or modified so as to exceed 2,500 square feet of gross floor area as measured to the outside face of walls, and are limited to one story, not to exceed 20 feet in height.

c.

All renovation, redevelopment, expansions or improvement shall be limited to a single building on the same site platted prior to the enactment of the W-P district. Such W-P country store location may be replatted to a maximum allowable lot area of 1.5 acres.

d.

No building shall be developed or utilized for any use other than the sales provided by country stores to the public, such as general merchandise, gasoline, groceries (including but not limited to packaged foods and beverages, individual takeout food and beverages), small houseware articles and furnishings, papers and magazines and similar "general store" items.

e.

All development standards applicable to commercial uses specified in various sections of this section and chapter 302 pertaining to the subdivision regulations of the county as well as all applicable requirements of this Code shall apply to such alterations and/or expansions with the following exceptions:

1.

A ten-foot wide landscape strip shall be established against all road frontages.

2.

Any renovation, redevelopment or expansion of the existing facility shall conform to all applicable county codes, except for the following standards:

A.

Building setbacks:

i.

Side yard: 25 feet.

ii.

Rear yard: 40 feet.

B.

The site shall maintain a 25-foot, naturally vegetated buffer area against the rear and side yard property lines in conjunction with a 100 percent opaque fence to be established the entire length of the affected property line.

C.

Variances and appeals. Variances to this section shall be governed by section 238-9. Appeals to this section shall be governed by section 238-8.

(h)

Density, lot size, and setback requirements. Property in the W-P district may be developed in accordance with section 214-1 of the UDO, dimensional standards of zoning districts, table 1 development standards for residential zoning districts, and the following provisions.

The following standards shall apply to all tracts immediately contiguous to the reservoir buffer area:
Minimum depth of lot (inclusive of 150-foot lake shore buffer), in feet 400
Minimum lake shore frontage (as measured along lake shore at normal pool elevation 735 MSL), in feet 125
Impervious surface setback (measured from the reservoir water surface at normal pool elevation of 735 MSL), in feet 150
Septic system setback tank and absorption field (measured from the reservoir water surface at normal pool elevation 735 MSL), in feet 150

 

(1)

A site plan, approved by the county environmental health service and the department of public services and engineering, shall be required prior to the issuance of a building permit.

(2)

All divisions of land in the W-P district shall meet the minimum lot size specified in this section. Lots of record lawfully in existence prior to October 11, 1994 and that do not meet the minimum lot size specified in the W-P district shall be deemed legal nonconforming lots and may be developed in accordance with all other requirements specified in this section.

(i)

Stream buffers.

(1)

All perennial streams within the W-P district shall be regulated by each of the following criteria:

a.

A natural or enhanced vegetated area with limited land disturbances shall be maintained for a distance of 100 feet from both sides of the stream as measured from the stream banks;

b.

No impervious surface shall be constructed or placed within a distance of 150 feet from both sides of the stream as measured from the stream banks; and

c.

No septic tanks or septic tank drainfields shall be constructed or placed within a distance of 150 feet from both sides of the stream as measured from the stream banks.

(j)

On-site wastewater management systems. County regulations require a permit for siting and installation of septic tanks and absorption fields from the county environmental health department. Such laws, ordinances and regulations shall be applicable to the W-P district.

(k)

The uses set forth in the table below shall be permitted only as listed within each zoning district and only in the manner so listed. Any use not listed in said table is prohibited in all districts. No use shall be permitted and no structure associated with such use shall be erected, structurally altered, or enlarged unless the use is permitted as one of the following:

(1)

P: A permitted use.

(2)

C: A use requiring a special use permit subject to approval following the application procedures and requirements in section 238 of the UDO.

(3)

S: A supportive commercial use that is on the same lot or parcel with a permitted use in a zoning district and established for the sole convenience of nearby residents, employees, patients, patrons, or visitors within walking distance.

(4)

A: An accessory use subject to the requirements specified and generally applicable to accessory uses.

(l)

Any use not listed with the letter P, C, S, or A in a particular zoning district shall be prohibited in that zoning district, unless it is a nonconforming use lawfully established prior to the effective date of the regulation that rendered it legally nonconforming. All listed uses shall comply with the supplemental use standards set forth below and in sections 218-12 and 218-13. See also section [chapter] 234.

Table of Permitted Uses
("P" denotes a permitted use)

Specified UseW-NRW-RWW-RRW-RBW-RP
Dwellings, single-family (detached) P
DCA approved industrialized homes P
HUD approved Class A manufactured homes P
Home occupation A
Accessory uses and structures P P
Livestock (noncommercial) P
Child daycare facility (in home) S
Fruit and vegetable market P
Places of worship P
Monasteries and convents P
Cemeteries (only on 10 acres or larger) P
Telecommunications facilities C
Electric transformer stations P
Community fairs and events on government-owned property P
Family day care home S
Apiary Class A & B P
Apiary Class C P
Organic Farming P
Recreation/education and support facilities—Government owned. Areas designated for public use as recreation/education with the normal support facilities necessary for the operation and maintenance of such areas. Recreation/education uses shall include, but not be limited to, the following uses:
1. Picnic areas
2. Boat ramps
3. Amphi-
theatre
4. Nature center
5. Nature trails
6. Camping areas
7. Fishing piers
8. Horticultural gardens
P P
Short-term rentals P

 

(m)

Art shows and other special events shall be subject to the terms and conditions of subsection 218-13(ttt), Temporary Use, Commercial Retail.

(n)

Road standards. Local and collector streets in the W-P district may be constructed without curbs and gutters or sidewalks.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 2008-11, § 3, 9-23-2008; Ord. No. 0-2013-10, § I, 11-12-2013; Ord. No. 0-2014-13, § 4, 12-9-2014; Ord. No. O-2021-06, § II, 2-9-2021; Ord. No. O-2021-07, §§ I, II, 2-9-2021; Ord. No. O-2025-12, § III, 4-22-2025)

Sec. 206-2. - A-R agricultural-residential district.

(a)

Purpose and intent. The A-R district is intended to provide for areas of the county where single-family residential development can co-exist compatibly with agricultural and agriculture related uses.

(b)

Principal uses and structures. Principal uses and structures permitted in the A-R district are as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the A-R district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the A-R district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the A-R district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for residential zoning districts. Additionally, the following regulations shall apply:

(1)

Minimum lot size:

a.

Residences with private stables: 3.0 acres.

b.

Agriculture and forestry uses: 5.0 acres.

(2)

Road standards. Local and collector streets in the A-R district may be constructed without curbs and gutters or sidewalks.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 206-3. - R-1 single-family residential district.

(a)

Purpose and intent. The R-1 district is intended to provide for single-family residences at medium densities.

(b)

Principal uses and structures. Principal uses and structures permitted in the R-1 district are as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the R-1 district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the R-1 district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the R-1 district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for residential zoning districts.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 206-4. - R-2 two-family (duplex) residential district.

(a)

Purpose and intent. The R-2 district is intended to provide for two-family residences (duplexes) and two single-family attached (townhomes) dwellings on moderate size lots served by county water and county wastewater treatment systems.

(b)

Principal uses and structures. Principal uses and structures permitted in the R-2 district are as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the R-2 district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the R-2 district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the R-2 District may be developed in accordance with section 214-1 of the UDO, Dimensional Standards for Zoning Districts, Table 1 Development Standards for Residential Zoning Districts.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2007-14, § 2, 7-24-2007; Ord. No. O-2022-09, § I, 3-22-2022)

Sec. 206-5. - CRS collaborative residential subdivision.

(a)

Purpose and intent.

(1)

Intent. The CRS zoning classification is intended to implement the policies of the board of commissioners adopted in the Rockdale County Comprehensive Plan. In particular, the CRS zoning classification is intended to allow and encourage the form of single-family detached residential development intended for the conservation residential category of the comprehensive plan future land use map. The CRS zoning classification should be utilized in areas where sensitive natural resources are to be preserved.

(2)

Purpose. The purpose of the CRS zoning classification is:

a.

To create a distinct physical single-family detached residential neighborhood while preserving conservation space and valuable view sheds in perpetuity that include sensitive natural resources such as streams, creeks, lakes, groundwater, floodplains, wetlands, steep slopes, woodlands, exceptional trees, and wildlife habitat.

b.

To ensure that interconnected wildlife corridors, green space, multi-modal trails and other dedicated conservation space are protected and accessible in perpetuity for various public and private uses.

c.

To encourage the protection of passive outdoor recreation, water quality and non-motorized mobility.

d.

To permit grouping of permitted principal and accessory structures on less environmentally sensitive areas that will reduce the amount of infrastructure, including impervious surfaces and utility easements necessary for residential development.

e.

To minimize stormwater runoff, erosion and sedimentation by minimizing land disturbance and removal of mature trees and vegetation in residential development.

f.

To encourage design flexibility for innovative development projects that set high standards for landscaping, green space, community design and public amenities.

g.

To create a sense of place that is attractive, walkable and environmentally responsible, by promoting landscaped walking trails, bike paths, and public gathering places, within and outside the subdivision.

h.

To connect the neighborhood with communities, businesses and facilities to reduce reliance on automobiles and encourage community interaction.

i.

To encourage reduction of traffic speeds in subdivisions and to reduce the reliance on main corridors through the use of connectivity in street design.

(b)

General regulations.

(1)

Applicability of comprehensive plan. The CRS zoning classification is available only within the watershed protection, parks and recreation, low density residential and medium family residential land use categories as designated on the Rockdale County Comprehensive Plan Future Land Use Map.

(2)

Timber harvesting. The CRS zoning classification shall not be used on property that has been timber harvested within 36 months.

(3)

Single development plan. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownerships. If held in multiple ownerships, however, the site shall be developed according to a single plan with common responsibility of conservation space as provided in subsections (h) and (i) of this section.

(c)

Permitted uses. Principal uses and structures permitted in the CRS district as listed in section 218-1 table of permitted uses.

(d)

Property development standards. Property in the CRS district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for residential zoning districts and the following provisions.

(1)

Minimum conservation space: 30 percent of gross parcel area prior to subdivision, and as provided subsections (e) through (j).

(2)

Minimum development size: Ten contiguous acres, exclusive of conservation space.

(3)

Minimum lot size: 10,000 square feet. Area contained within a lot shall be exclusive of the 100-year floodplain, wetlands, stream buffers, required buffers, and slopes exceeding 25 percent.

(4)

Minimum street frontage and lot width at building setback line: 70 feet, continuous from frontage to building line. Street frontage may be reduced to 30 feet for lots with frontage upon a cul-de-sac and 50 feet for lots on the outside of street curves, so long as the lot width at the building setback line is at least 70 feet.

(5)

Front yard setback: 20 feet minimum; alternating staggered five-foot (minimum) setbacks are required.

(6)

Rear yard setback: 25 feet minimum.

(7)

Side yard setback: 7.5 feet minimum. Air conditioning pads, units and other similar structures shall not encroach into the side yard setback.

(8)

Exterior building materials for principal structure: All sides shall consist of brick, stone, cementitious siding or real (lath and portland) stucco from ground to eaves, with brick, stone, cedar shake, real stucco, painted wood siding or cementitious siding to be used as accents. Metal siding, vinyl siding, metal canopies and exposed standard concrete block are prohibited. Soffits may be constructed of vinyl.

(9)

Sodded yards: All grassed areas on dwelling lots shall be sodded.

(10)

Minimum heated floor area of dwelling unit: 1,800 square feet.

(11)

Minimum main roof slope: 6/12.

(12)

Maximum building height: 35 feet.

(13)

Utilities: Must be placed underground.

(14)

Design features. Buildings shall utilize a minimum of three of the following design features to provide visual relief along the front of the residences:

a.

Dormers;

b.

Gables;

c.

Pillars;

d.

Posts;

e.

Covered front porches;

f.

Recessed entries;

g.

Cupola;

h.

Bay windows (minimum 24-inch projection).

(15)

Accessory structure. Must be located in the rear yard, shall contain a total floor area no greater than 30 percent of the heated area of the principal structure, and the exterior finish material shall be of the same or visually match the exterior finish of the principal structure. Accessory structures shall not exceed the height of the principal structure and shall meet the minimum side and rear setback requirements of this chapter.

(16)

Off-street parking requirements.

a.

All single-family dwelling units shall include an enclosed garage for a minimum of two cars. Said garage may be attached to or detached from the principal structure, and shall be oriented to the side or rear yard, or if front facing, shall be staggered between even with the front facade and at least five feet behind the front facade of the dwelling and consist of two decorative single-wide garage doors (each not to exceed 12 feet in width) that provide for integrated architectural integrity with the house in order to visually diminish the impact of the garage doors. Double-wide garage doors that provide for integrated architectural integrity with the house may be used for front-facing garages if the garage is set back at least ten feet behind the front facade of the residence.

b.

A minimum of one additional parking space per every six lots shall be established adjacent to recreation areas, clubhouse, swimming pool, tennis court, community room, and exercise or health club, with a minimum of ten spaces required. Parking areas serving playing fields, playgrounds and courts shall provide safe ingress and egress, and shall not be lighted.

(17)

Development density. Maximum density shall be consistent with the comprehensive plan, which establishes a maximum density not to exceed 3.1 units per acre in the conservation residential land use category. The maximum number of lots in the CRS zoning classification shall be based on the adjusted tract area of the site. Adjusted tract area is the total acreage of the parcel, not including the primary conservation area, but including other land used for lots, streets, recreation and other conservation space. Area contained within a lot shall be exclusive of 100-year floodplains, wetlands, stream buffers, required buffers, and slopes exceeding 25 percent.

(18)

Tree preservation bonus density. Each existing healthy tree located within a required conservation space area may receive a bonus credit of 0.5 tree density units, if, in the opinion of the county arborist/urban forester, the tree is retained along with an intact area of undisturbed soil containing natural habitat and groundcover that includes all of the area below the crown of the tree. Each existing exceptional tree that is preserved, as defined in chapter 106, may receive three bonus credits of tree density units, as long as, in the opinion of the county arborist/urban forester, the exceptional tree is retained along with an intact area of undisturbed soil containing natural habitat and groundcover that includes all of the area below the crown of the tree.

(19)

Compatibility with existing development. Each CRS zoned development that abuts property that is zoned for agricultural or single-family residential use shall provide one of the following forms of transition to adjacent zones:

a.

20-foot natural or enhanced vegetated opaque buffer adjacent to residentially zoned property, to include a three-foot tall berm with plantings to a minimum total height of six feet, recorded separately from the lots.

b.

50-foot natural or enhanced vegetated opaque buffer adjacent to residentially zoned property recorded separately from the lots.

c.

150-foot deep transition area developed with lots that are not less than the average size of lots that abut the CRS zoned parcel or within 150 feet of its outer boundary, measured as straight-line distance.

d.

Where possible, connectivity of inter-parcel conservation space or wildlife corridors is encouraged.

(20)

Streets, sidewalks, and street trees.

a.

Streets. The street network shall form a connected pattern (grid system), with a minimum of culs-de-sac approved by the director only in cases of topographical hardship. Street shapes should be varied with loop streets, curving crescents, eyebrows, ovals, and courts providing visual interest and traffic calming effects. Approved cul-de-sac streets may be no longer than 600 feet in length and shall reflect a design around a central median or square. Street patterns shall be designed to respect and follow existing terrain as much as possible, to minimize earthmoving and disruption of the existing topography. Streets shall be designed to:

1.

Parallel and preserve existing tree lines, hedgerows, existing historic structures, and water elements.

2.

Minimize alteration of natural, cultural or historic features.

3.

Minimize the acreage devoted to streets.

4.

Calm traffic speeds.

5.

Promote pedestrian movement.

6.

Secure the view to prominent natural vistas.

7.

Be aligned so that the "terminal vista" is of civic buildings or conservation space land, either manmade (such as greens, commons, squares, or parks) or natural.

8.

Minimize crossing of primary conservation areas.

9.

All streets, with the exception of loop streets, shall terminate at other streets within the conservation subdivision, and at least two streets shall provide connections to existing or proposed through-streets or collectors outside the CRS zoned property, where practicable.

10.

Streetlights are to be provided along one side of every street, a minimum of 16 feet high and a maximum of 20 feet high if overhanging into the street, and placed no more than 160 feet apart.

b.

Sidewalks. Public sidewalks shall:

1.

Be a minimum of five feet wide and shall be constructed on one side of streets.

2.

Create a linked network of walkways connecting with parks and other conservation space land areas.

3.

Be separated from street curbs by a "tree lawn" not less than five feet wide, planted with shade trees in accordance with the Rockdale County plant palette.

4.

Be provided along the front lot lines of all CRS zoned lots to ensure pedestrian access to each lot. Lots fronting directly onto common greens or parks shall be provided with sidewalks along their front lot lines abutting the greens or parks.

c.

Street trees.

1.

Street trees shall be planted along each side of all streets, public or private, existing or proposed. Existing healthy and mature street trees may be counted toward the street tree-planting requirement.

2.

Street trees shall have a minimum of three inches dbh.

3.

Street trees shall be spaced at intervals no greater than 50 feet along both sides of each residential street; spacing may be adjusted to account for driveways, fire hydrants and other obstructions and to provide adequate visual clearance for intersections and driveways.

4.

Species of street trees shall be approved by the director. However, no more than 25 percent of the total number of the trees installed may be of any one genus.

(e)

Conservation space. Conservation space is defined as the portion of the CRS zoned property that has been set aside for permanent protection and shall meet the following standards:

(1)

A minimum of 30 percent of the gross acreage prior to subdivision shall be designated as conservation space, subject to subsection (f) of this section.

(2)

Activities within the conservation space are restricted in perpetuity through the use of an approved legal instrument.

(3)

The CRS zoning classification does not require the public dedication of any conservation space lands to any government body or agency, nor does it require that public access be granted. All conservation lands shall remain in private hands held in common ownership by the owners of the lots in the subdivision unless those areas are deeded to and accepted by Rockdale County or to a land bank conservation tax exempt trust that has been approved by the Rockdale County Board of Commissioners.

(4)

At least 50 percent of the conservation space shall be in a contiguous tract. The conservation space should adjoin any neighboring areas of conservation space, or other protected areas and non-protected natural areas that would be candidates for inclusion as part of a future area of protected conservation space.

(5)

No more than ten percent of required conservation space shall be impervious.

(f)

Categories of conservation space. In order to qualify for CRS zoning, conservation space shall be held under unitary ownership or control, meet the following requirements, and fall within the following three categories:

(1)

Primary conservation areas. Primary conservation areas form the core of the conservation space to be protected and are required to be included in the conservation space. All of the acreage of a primary conservation area may be counted as conservation space. Active recreation areas are prohibited in primary conservation areas. These areas shall be left in a natural and undisturbed state, except for the fewest possible perpendicular crossings of essential access roads and utility lines. Primary conservation areas, as defined by this section, include the following:

a.

Private cemeteries and burial grounds.

b.

100-year floodplains.

c.

Habitats for endangered or threatened species as defined by the Georgia Department of Natural Resources.

d.

Wetlands identified by the national wetlands inventory maps prepared by the U.S. Fish and Wildlife Service, the county soil survey prepared by the U.S. Deptartment of Agriculture (USDA), Natural Resources Conservation Service, or a certified wetlands delineation using data from the U.S. Army Corps of Engineers.

e.

Alluvian soils identified by the Federal Emergency Management Agency (FEMA) and 100-year floodplain, as identified on Federal Insurance Rate Maps.

f.

Lakes, rivers, streams, existing ponds, creeks, including but not limited to blue line tributaries and state waters.

g.

Riparian zones equal to any required stream buffers and improvement setbacks.

h.

Existing slopes greater than 25 percent on average with a site area greater than 5,000 square feet identified as part of a site analysis conducted by a registered engineer, land surveyor or landscape architect and calculated using topographic maps from the Rockdale County GIS system or from a topographic survey prepared by a licensed land surveyor.

i.

Rock outcroppings.

(2)

Secondary conservation areas. Secondary conservation areas consist of undeveloped but buildable land and protected lands and may be counted as conservation space. Secondary conservation areas, as defined by this section, should be protected to the maximum extent feasible, and should include the following:

a.

Mature hardwood forests of at least one acre of contiguous area.

b.

Historic and /or archaeological sites.

c.

Passive recreation areas, public and private, to include parks as identified by the parks and recreation master plan, open fields, and playgrounds. Impervious surfaces within passive recreation areas shall not be credited toward conservation space.

d.

Existing trails that connect the tract to neighboring areas.

e.

Aquifer recharge areas identified in the Rockdale County Comprehensive Plan.

f.

Scenic view sheds, particularly those that can be seen from public roads.

g.

Wetland and stream bank mitigation projects.

h.

Greens, commons, squares, and parks. In order to provide for terminal vistas and loop roads in lieu of cul-de-sacs, and for the enjoyment of the residents, Rockdale County recommends that ten percent of the minimum required conservation space land consist of multiple greens, commons, squares, or parks, but these smaller areas of conservation space shall not exceed 20 percent of the total required conservation space.

i.

Street rights-of-way may traverse, but shall not count toward the minimum required area of conservation space.

(3)

Outdoor recreation area. Impervious surfaces in recreation areas shall not be counted as conservation space. Lakes and ponds are allowed in outdoor recreation areas, but their surface area shall not be counted as conservation space. This category includes: greenways, trails, bikeways, paths, tennis courts, ball fields, playfields, courts, golf courses, swimming pools, clubhouses, lockers, bicycle facilities, beaches, docks, seating areas, amphitheaters, stages, band shells, community buildings, fountains, plazas, patios, decks, lawns, picnic shelters and picnic areas, landscaping and other land containing outdoor recreation structures and facilities.

(4)

Exclusions. Excluded from counting toward the minimum amount of conservation space are the following (also see the definition of primary conservation space):

a.

Proposed permanent lakes that may be used for wet detention.

b.

Recreation area improvements. Impervious surfaces in recreational areas shall not be credited.

c.

Easements.

d.

Up to 50 percent of land area within utility easements, such as but not limited to power, gas pipeline easements, sewer line easements, may be counted towards conservation space requirements.

e.

Residential yards.

f.

Land that has been or is to be conveyed to a public agency via an agreement for such uses as schools, parks, or other public facilities.

(g)

Accessibility of conservation space. Conservation space shall be designed and located for the convenient access and enjoyment of all users of the CRS zoned property. Conservation space shall be within 1,000 feet of all occupied buildings in the development. If the conservation space is for public use, connection shall be made to the conservation space by improved pathways or sidewalks.

(h)

Ownership of conservation space. The applicant must identify the owner who is responsible for maintaining the conservation space, the required buffers and facilities located thereon as the owners of the various lots and undeveloped phases located in the subdivision. The above-mentioned property shall be considered commons area for the subdivision and the ownership and value of such commons area shall reside with the owners of the individual lots and undeveloped phases located in the subdivision. The ownership shall be fee simple with undivided interest. All deeds recorded for this subdivision shall indicate such ownership in the commons area. This ordinance will not require the public dedication of any conservation space to any governmental body or agency, nor will it require that public access be granted. All conservation land may remain in private hands, or if accepted, be dedicated to Rockdale County or a land bank conservation tax-exempt trust that has been approved by the Rockdale County Board of Commissioners. The owners may form a property owners association for the purpose of managing and maintaining the grounds and any facilities. The property owners association shall have lien authority to ensure the collection of dues from all members in order to pay for such maintenance.

(i)

Conservation space and common facilities management plan. The applicant shall submit a conservation space management plan (management plan) at the time the construction plans are submitted. The management plan shall be submitted and approved prior to the issuance of any land disturbance permit for any development under the CRS zoning classification. The management plan shall include information that:

(1)

Allocates responsibility and guidelines for the maintenance and operation of the conservation space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements.

(2)

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the conservation space and outlines the means by which such funding will be obtained or provided.

(3)

Provides for sufficient funds to be escrowed for the maintenance and operation costs of common facilities for one year.

(4)

Provides that any changes to the management plan be approved the board of commissioners.

(5)

Provides for enforcement of the management plan.

(6)

Maintenance required. In the event the party responsible for maintenance of the conservation space fails to maintain all or any portion in reasonable order and condition, Rockdale County may assume responsibility for its maintenance, and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, property owners association, or to the individual property owners that make up the property owners association, and may include administrative costs, including attorneys' fees, and penalties. Such costs shall be recouped through the use of special assessments upon the property owners of the various lots and undeveloped phases.

(7)

Legal instrument for permanent protection. The conservation space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed and noted on the final plat. The instrument for permanent protection shall incorporate restrictions on the use of the conservation space contained in this section, as well as any further restrictions as approved by the board of commissioners. The legal instrument shall be in place and binding on the conservation space no later than the date of issuance of a land disturbance permit. However, greens, commons, squares or pocket parks may be deeded concurrent with the unit or phase of the final subdivision plat of which it is a part. The instrument shall be one of the following:

a.

A permanent conservation easement in favor of either:

1.

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence, and the conveyance instruments shall contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions.

2.

A governmental entity with an interest in pursuing goals compatible with the purposes of this UDO.

3.

If the entity accepting the easement is not Rockdale County, then a third right of enforcement favoring Rockdale County shall be included in the easement.

b.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity, as set forth in O.C.G.A. § 44-5-60(c).

c.

An equivalent legal tool that provides permanent protection, if approved by the Rockdale County Board of Commissioners.

(8)

Tax assessment of conservation space. Once a legal instrument or permanent protection has been placed upon the conservation space, the required buffers and facilities, the Rockdale County Board of Assessors shall reassess these areas as commons area and the value of such commons area shall vest in the remaining subdivision lots and undeveloped phases. Rockdale County, through the use of special assessments upon the property owners of the various lots and undeveloped phases, shall recoup any work or maintenance performed by Rockdale County upon the commons area.

(9)

Other design considerations. The configuration of conservation space shall comply with the following additional standards:

a.

Except for formal greens, commons, squares, parks, playing fields, and trail corridors, conservation space land shall not include parcels smaller than three acres, have a length-to-width ratio of less than 3:1, or be less than 50 feet in width.

b.

Conservation space land shall connect to adjoining parks, preserves, or other protected lands.

c.

Except in those cases where part of the designated conservation space is located on private land, conservation space land shall provide for pedestrian pathways for use by the residents of the subdivision. The developer shall provide for public access on such trails if they are linked to other publicly accessible pathway systems within Rockdale County (for example, a PATH Foundation trail connection). Provisions shall be made for access to the conservation space, as required for land maintenance and emergency purposes.

d.

Outdoor recreation areas designated for active recreational uses shall not negatively impact adjacent residential areas or roadways.

e.

Conservation space land shall be undivided by public or private streets, except where necessary for proper traffic circulation.

(j)

Establishment of conservation residential subdivision status. Land development using the CRS zoning classification shall be subject to the following procedures:

(1)

Pre-zoning application conference. Prior to submitting an application for rezoning to the CRS district, the applicant shall schedule a conference to discuss the standards and procedures that apply to the CRS. The applicant, the applicant's engineer or site plan preparer, the owner of the property (if different than the applicant), and appropriate county staff shall attend the conference. A representative from the land trust that will hold the conservation easement on the dedicated conservation space to be included in the development, if known, shall also be invited to attend the pre-zoning application conference.

a.

Purpose of conference. The purpose of the pre-zoning application conference is to discuss the applicant's objectives, review the applicant's documentation and analysis of existing environmental conditions and discuss concepts for subdivision layout and location of conservation space. Applicant shall prepare, and provide to the department two weeks in advance of this meeting, three copies of both a site concept plan and an existing conservation features plan.

(2)

Site concept plan. Prior to application for rezoning, the developer shall prepare a site concept plan, to present at the prezoning application conference that shall include:

a.

Statement of intent. A narrative describing the proposed development and explaining how it meets the purpose and intent of the comprehensive plan and of this section.

b.

Site concept plan. A plan drawn to a designated scale of not less than one inch equals 100 feet, certified by a professional engineer, landscape architect or land surveyor licensed by the State of Georgia, presented on a sheet having a maximum size of 30 inches by 42 inches, and one 8½-inch x 11-inch reduction of the plan. If presented on more than one sheet, match lines shall clearly indicate where the several sheets join and shall be numbered consecutively with a notation such as sheet 2 of 3. The concept plan shall represent the conceptual design of the property to be developed, as well as for all adjacent property that is within the developer's ownership or control. The concept plan shall include the following information:

1.

Boundaries of the entire property, with bearings and distances of the perimeter property lines.

2.

Total area of the property in acres.

3.

Current and proposed zoning.

4.

Scale and north arrow, with north, to the extent feasible, oriented to the top of the plat and on all supporting graphics.

5.

Banks of streams, lakes and other waterbodies, and buffers.

6.

Delineation of any floodplain designated by the Federal Emergency Management Agency (FEMA), United States Geological Survey (USGS), or Rockdale County; the delineation of any jurisdictional wetlands as defined by Section 404 of the Federal Clean Water Act.

7.

Approximate location and extent of any significant historic or archaeological feature, grave, object or structure marking a place of burial, if known, and a statement indicating how the proposed development will preserve the feature and provide access to it during and after construction.

8.

A delineation of all existing structures and whether they will be retained or demolished.

9.

Development density and lot sizes.

10.

Designation of minimum lot areas, setbacks and yards.

11.

Parking areas, points of access to public rights-of-way and vehicular and pedestrian circulation patterns within the subject property.

12.

Areas to be held in joint ownership, common ownership or control and the proposed method of control and management of these areas.

13.

Indication that the property is served by public water and sewer, with conceptual layout of utilities and location of all existing or proposed utility easements having a width of ten feet or more.

14.

Conceptual plans for drainage with approximate location and estimated size of all proposed storm water management facilities and a statement as to the type of facility proposed.

15.

Location and width of required buffers at external site boundaries.

16.

Location and approximate area (in acres) of conservation space and recreation facilities.

17.

Location, where applicable, of proposed trails, recreation areas, parks, schools, libraries, churches and other public or community uses, facilities or structures on the site.

18.

Public right(s)-of-way, any required or proposed improvements to the public right(s)-of-way and delineation of the existing centerline of all streets abutting the property, including dimensions from the existing centerline to the edge of the pavement and to the right-of-way.

19.

Width of right-of-way and pavement sections of all internal streets.

20.

Seal and signature of professional person preparing the plan.

c.

Existing conservation features plan. The developer shall prepare an existing conservation features plan that meets the following minimum requirements:

(3)

Existing conservation features plan. Concurrent with the submission of a site concept plan, the applicant shall prepare an existing conservation features plan, sealed by a registered engineer or landscape architect by the State of Georgia. This plan will delineate areas that have been identified as worthy of permanent protection in conservation space because of their environmental values. It will set forth the particulars of the site, including boundary, topographic data (minimum two-foot contour intervals), existing structures and utility easements. The plan should provide the starting point for the design of the CRS development, with built areas being designed as separate from the areas delineated as worthy of permanent protection. The existing conservation features plan shall include the following:

a.

Perennial and intermittent streams, drainage swales, FEMA designated 100-year flood hazard zones and wetlands, and other hydrologic features, along with the sources of this information.

b.

Identification of tree lines, native woodlands, open fields or meadows, exceptional trees, peaks or rock outcroppings, ridgelines, watershed boundaries, and prime agricultural land.

c.

Delineation of tree resource areas by type such as hardwoods, pines or mixed; and old and new growth.

d.

Delineation of steep slope areas (over 25 percent). Slopes greater than 40 percent shall be preserved, per subsection (f) of this section.

e.

Identification of historical, archeological or other significant features.

f.

Identification of scenic vistas.

g.

Identification of conservation space, green space, multi-modal trails or common areas adjacent to the project, and potential connections to the existing green space and trails.

h.

Certification that timber-harvesting activity has not occurred on the property in the previous 36 months prior to the submittal of a site concept plan.

i.

Topographic contours of no less than two-foot intervals, unless a closer interval is required for clarification.

j.

General soil series, types, and phases as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the published soil survey for Rockdale County, and accompanying data published for each soil in relation to its suitability for construction.

k.

Groundwater recharge areas.

l.

Existing roads and structures.

m.

Archeological sites, cemeteries and burial grounds.

n.

Historic properties.

o.

View sheds showing location and extent of views into the property from public roads.

p.

Easements and other encumbrances of the property.

q.

Date existing conservation features plan was prepared.

(4)

Variances. No administrative variances shall be granted in the CRS zoning district. Appeals shall be submitted pursuant to section 238-8.

(5)

Other requirements. The applicant shall adhere to all other applicable requirements of this Title 2 of the UDO, applicable subdivision regulations, and other development requirements of Rockdale County. In any case where the standards and requirements of this district conflict with other provisions of the Rockdale County Code of Ordinances, including, but not limited to, subdivision regulations, the requirements of this district shall govern.

(k)

Senior housing element.

(1)

Purpose and intent. The regulations set forth in this senior housing element of the CRS zoning district are designed to provide for the development of detached dwelling units limited to those persons age 55 and older, and to promote the concept of aging in place which provides a variety of living choices aimed at allowing residents to remain in their communities as they age.

(2)

Definitions related to senior housing element.

a.

Aging in place: The opportunity to live in a specific community for as long as possible, facilitated by the presence of housing which meets the changing needs of an aging adult, provides transportation alternatives, opportunities for exercise and physical activity and a community life which engages older residents with the community as a whole.

b.

Universal design standards: Building guidelines developed to insure that a house can remain accessible to a homeowner should they ever face a short or long term disability.

(3)

General regulations.

a.

Standard criteria for senior housing. All projects developed under this subsection shall:

1.

Be located within two linear miles north or south of Interstate 20.

2.

Be within three driving miles of commercial retail uses, including but not limited to, grocery store, pharmacy, and/or medical service facility.

3.

Maintain the scale and intensity of the surrounding uses.

b.

Principal permitted use. Senior housing element shall permit single-family detached residential units with a density of no more than 3.1 dwelling units per acre.

c.

Minimum lot size. No lot shall be less than 8,000 square feet. Areas contained in a lot shall be exclusive of the 100-year floodplain, wetlands, stream buffers, other required buffers and slopes exceeding ten percent.

d.

Minimum street frontage and lot width at building setback line. Fifty feet, continuous from frontage to building line. Street frontage may be reduced to 30 feet for lots with frontage upon a cul-de-sac. For lots on the outside of street curves the minimum frontage remains at 50 feet.

e.

Front yard setback. Minimum ten feet with at maximum of 20 feet.

f.

Rear yard setback. With an alley, five feet. Without an alley, 20 feet.

g.

Side yard setback. Seven and one-half feet minimum. Air conditioning pads and units and other similar structures shall not encroach into the side yard setback.

h.

Housing standards. All dwellings shall have a minimum of 1,200 heated square footage and a maximum of 1,800 heated square footage. In addition, all residential units within the senior housing element of the CRS zoning district shall incorporate the following universal design standards:

1.

Entrances.

• Accessible parking convenient to dwelling, covered from the elements.

• Accessible path of travel to dwelling from parking or drop off area (slope of 1:20 or less eliminates the necessity for handrails, except when needed by a specific individual).

• At least one entrance without steps and flush or low profile threshold.

• Minimum five-feet by five-feet maneuvering space at stepless entrance.

• 36-inch minimum exterior door with lever hardware.

• Movement sensor light at entrance.

• A sidelight or peephole at 42 and 60 inches above the floor.

• Ambient and focused lighting at keyhole.

• High visibility address numbers.

2.

General interior.

• Hall width 42 inches minimum (interior accessible route is 36 inches).

• Interior door width 32-inch minimum (requires 34 or 36-inch wide door), equipped with lever hardware.

• Flush transitions between floor surfaces (maximum of ½-inch rise).

• Five pounds maximum force to open doors.

• Eighteen-inch minimum space at latch side of door.

• Five-feet by five-feet maneuvering space in each room (after furniture is placed).

• Increased number of electrical outlets for additional lighting and alarm indicators, especially in bedrooms.

• Electrical outlets at 18-inch minimum height.

• Light switches 44 inches maximum above floor.

• View windows at 36-inch maximum sill height and large enough to use as an escape route in the event of an emergency.

• Crank operated (casement) or light weight sliding windows.

• Closet rods adjustable from 30 inches to 66 inches above the floor.

• Loop or other easy-to-use handle pulls on drawers and cabinets.

• High contrast, glare free floor surfaces and trim.

• Low pile carpet or smooth anti-slip flooring.

• High-speed internet access data connection port and cabling.

3.

Bathrooms.

• 60-inch diameter turning circle.

• 30-inch by 48-inch area of approach (forward or parallel, depending on fixture type) in front of all fixtures.

• Toilet more usable by many if positioned in a five-feet by five-feet space with centerline 18 inches from sidewall.

• 32-inch minimum lavatory counter height with lever faucet controls.

• Adaptable cabinets to reveal kneespace under lavatory. Exposed piping in kneespace should be padded or concealed.

• When tub or shower are installed, select models designed to accept portable bench or bathing seat.

• Curbless or roll-in shower plus standard tub.

• Offset single-lever controls in tub and shower to minimize stooping, bending and reaching.

• Adjustable height hand-held shower head in addition to standard fixed shower head.

• Anti-scald devices on all plumbing fixtures.

• Enlarged reinforced blocking (minimum ¾-inch plywood) areas around toilet and bathing fixture to provide secure mounting locations for grab bars and shower seats.

• Mirror to backsplash at lavatory.

• Contrasting color edge border at countertops.

4.

Kitchens.

• 60-inch diameter turning space.

• 30-inch by 48-inch area of approach (forward or parallel, depending on fixture type) in front of all appliances.

• Cooktop or range with front or side-mounted controls and staggered burners to eliminate dangerous reaching.

• Front-mounted controls on washer and dryer.

• Adaptable cabinets to reveal kneespace at sink and under work surface near cooking appliances.

• Variable height sink adjustable between 32 and 40 inches

• Exposed piping and any sharp or hot elements in any kneespace should be padded or concealed.

• Single-lever faucet controls.

• Full height pantry cabinets for high and low storage.

• Adjustable height shelves in wall cabinets.

• Refrigerator/freezer with frozen food storage in bottom or side-by-side refrigerator/freezer.

• Variable height counter surfaces or adjustable through a range of 28 to 40 inches.

• Base cabinets with pullout shelves or drawers.

• Contrasting color edge border at countertops.

• Microwave over at countertop height with uninterrupted counter surface or pull out shelf to support the safe transfer of hot and/or heavy cookware.

• Glare free task lighting under the cabinets.

i.

Property owner's association. In addition to the requirements set forth in the CRS zoning district subsections 206-5(h) and 206-5(i), the property owners association shall publish and adhere to policies and procedures that require that the community will provide housing for persons at least 55 years old and older, including maintaining surveys or affidavits verifying compliance with 55 and older occupancy requirements as permitted by 42 U.S.C. Section 3607, (b)(2)(c) of the Federal Fair Housing Act, as amended. Said association shall also include declarations (covenants) and bylaws including rules and regulations, which shall, at a minimum, regulate and control the following:

1.

Restriction on homes being occupied, with at least 80 percent of the occupied units occupied by at least one resident who is age 55 or older. For developments in which 100 percent of the units are occupied by seniors, at least one resident in each unit shall be age 62 or older.

2.

Restrictions on single-family residential use only and leasing/renting of units. No more than ten percent of the total units may be leased/rented by individual owners at any one time.

3.

Maintain and regulate exterior items such as fences, lawn ornaments and restrictions on removal of landscaped areas and buffers.

4.

Exterior fence maintenance shall include a requirement that any graffiti shall be repaired and/or repainted within 72 hours.

5.

Prohibit playground equipment, swing sets, trampolines or like fixtures.

6.

Maintenance of detention ponds, common areas and entrance features.

7.

Insurance and maintenance of all common areas owned by the association not located in the county right-of-way.

Said association declarations shall be reviewed for approval by the department and the county attorney prior to recording with the Rockdale County Clerk of Courts. The first building permit shall not be issued until verification of said documents has been recorded.

(4)

Other requirements. The applicant shall adhere to all other applicable requirements of this CRS zoning district, Title 2 of the UDO, applicable subdivision regulations, and other development requirements of Rockdale County. In any case where the standards and requirements of this district conflict with other provisions of the Rockdale County Code of Ordinances, including, but not limited to, subdivision regulations, the requirements of this district shall govern.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 2007-09, § 24, 5-22-2007; Ord. No. 0-2007-14, § 3, 7-24-2007; Ord. No. 0-2008-18, § 1, 11-25-2008; Ord. No. 0-2012-11, § 4, 11-27-2012; Ord. No. O-2023-24, § II, 11-14-2023)

Sec. 206-6. - CSD conservation subdivision development district.

(a)

Purpose and intent.

(1)

Intent. The CSD is intended to implement the policies of the board of commissioners adopted in the Rockdale County Comprehensive Plan and the recommendations of the Salem Road Corridor Study. In particular, the CSD is intended to allow and encourage the form of development intended for the special mixed-use activity center category of the future land use map.

(2)

Purpose. The purpose of the CSD is:

a.

To preserve in perpetuity sensitive natural resources such as streams, creeks, lakes, groundwater, floodplains, wetlands, steep slopes, woodlands and wildlife habitat.

b.

To ensure that interconnected greenspace, trails and open space are accessible to the residents of the county for the protection of passive outdoor recreation, water quality and mobility.

c.

To permit grouping of permitted principal and accessory structures on less environmentally sensitive areas that will reduce the amount of infrastructure, including paved surfaces and utility easements necessary for residential development.

d.

To minimize stormwater runoff, erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

e.

To encourage design flexibility for innovative development projects that set high standards for landscaping, greenspace, community design and public amenities.

f.

To create a sense of place that is attractive, walkable and environmentally responsible.

(3)

Application. This zoning district may only be applied to property located in the SRCO.

(4)

Uses. The principal uses and structures, accessory uses and structures, and special uses and structures listed in section 206-6, subsections (b), (c), and (d) are permitted within the CSD district. Any use or structure not specifically listed is prohibited.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the CSD district as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the CSD district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO and the following provisions:

(1)

The floor area of accessory structures shall not exceed 30 percent of the floor area of the principal uses on the same lot to which they are accessory.

(d)

Special uses. Special uses may be permitted in the CSD district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the CSD district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for residential zoning districts and the following provisions:

(1)

Minimum open space: 30 percent of gross parcel area prior to subdivision.

(2)

Minimum development size: Five acres or at least ten lots, exclusive of open space.

(3)

Heated floor area of dwelling unit: Minimum 1,800 square feet.

(4)

Maximum ground floor area of a building: 5,000 square feet.

(5)

Off-street parking requirements.

a.

All single-family dwelling units shall include a garage for a minimum of two cars. Said garage may be attached to or detached from the principal structure.

b.

Minimum of 25 additional parking spaces adjacent to recreation areas, clubhouse, swimming pool, tennis court, community room, exercise or health club and dressing rooms.

(6)

Tree preservation bonus density. Each existing healthy tree located within a required open space area may receive a bonus credit of 0.25 tree density units; if, in the opinion of the county arborist/urban forester, the tree is retained along with an intact area of undisturbed soil containing natural habitat and groundcover that includes all of the area below the crown of the tree.

(7)

Compatibility with existing development. Each CSD development that abuts property that is zoned for agricultural or single-family residential use shall provide one of the following forms of transition to adjacent zones:

a.

50-foot opaque buffer adjacent to residentially zoned property.

b.

200-foot deep transition area developed with lots that are not less than the average size of lots that abut the CSD zoned parcel or within 200 feet of its outer boundary, measured as straight line distance.

(8)

On-site septic systems. With the approval of the director, the applicant may seek approval of the Rockdale County Division of Environmental Health for on-site septic systems for individual lots within a CSD that include:

a.

Placing drain fields for on-site septic systems within secondary conservation areas in required open space;

b.

Placing drain fields for on-site septic systems on individual lots with an easement limiting its use to open space required under this section.

(9)

Development density.

a.

Density of a CSD shall be computed based on the number of dwelling units per acre of the parcel, not including the primary conservation area, but including other land used for lots, streets, recreation and other open space.

b.

Density, lot size and lot design are subject to approval of the wastewater treatment system by the Rockdale County Board of Health, Environmental Health Section.

c.

Maximum density: 2.4 dwelling units per acre, except as authorized to be increased in subsection d., below and in subsection 210-2(j).

d.

Bonus density for additional open space (not including primary conservation areas), is as follows:

Percent Open Space Density Bonus
31—40 percent 5 percent
41—50 percent 10 percent
Over 50 percent 15 percent

 

e.

The bonus density allowed in this subsection shall be in addition to that allowed in the subsection 210-2(j).

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 2007-09, § 30, 5-22-2007; Ord. No. 0-2012-11, § 5, 11-27-2012)

Sec. 206-7. - MRU mixed residential uses district.

(a)

Purpose and intent.

(1)

Intent. The MRU district is intended to implement the policies of the board of commissioners adopted in the Rockdale County 2020 Comprehensive Plan and the recommendations of the Salem Road Corridor Study and the Sigman Road Gateway Study.

(2)

Purpose. The purpose of the MRU district is:

a.

To provide for the needs of a diverse population with well-designed and human-scale, single-family detached, single-family zero lot line, townhomes (attached single-family), two-family (duplex), and multifamily structures that are compatible with other residential neighborhoods.

b.

To provide a transition between single-family residential neighborhoods and commercial, civic, or office uses.

c.

To encourage design flexibility for innovative development projects that set high standards for landscaping, greenspace, community design, and public amenities.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the MRU district as listed in the UDO in section 218-1 table of permitted uses and subject to the additional use standards established in section 218-13 of the UDO.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the MRU district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Supportive commercial uses. Supportive commercial uses shall be permitted in the MRU district when within the Salem Road Corridor Overlay District in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO on the ground floor of buildings in the MRU district, provided they occupy no more than 20 percent of the total floor area of occupied buildings within an MRU development project.

(e)

Special uses. Special uses may be permitted in the MRU district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(f)

Property development standards. Property in the MRU district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for residential zoning districts, and the following provisions:

(1)

Minimum heated floor area:

a.

Single-family detached, single-family zero lot line, two-family, and townhomes: See section 214-1 table 3: Minimum heated floor area for RM, MRU, and MxD zoning districts.

b.

Personal care homes: 1,320 square feet, plus 80 square feet for each bed.

(2)

Building size: No building shall contain more than six dwelling units, unless approved otherwise by the board of commissioners through a condition of zoning.

(3)

Off-street parking and loading areas.

a.

Surface parking areas shall be screened from adjacent residential uses and public streets by an evergreen hedge or solid masonry wall not less than three feet in height that shall be continuous, except for driveways and sidewalks connecting said parking areas to public streets.

b.

Loading areas shall be screened from adjacent residential uses and public streets by an opaque buffer, solid fence, or masonry wall not less than six feet in height that shall be continuous, except for driveways and sidewalks connecting said loading areas to public streets.

c.

Garages:

1.

Single-family detached, single-family zero lot line, and two-family:

A.

Side-load entry may be required by the board of commissioners through a condition of zoning.

B.

Two-car garages shall be provided, unless approved otherwise by the board of commissioners through a condition of zoning.

2.

Townhomes:

A.

Rear-load entry is encouraged and may be required by the board of commissioners through a condition of zoning.

B.

Two-car garages shall be provided, unless approved otherwise by the board of commissioners through a condition of zoning.

d.

Driveways:

1.

Depth:

A.

Single-family detached, single-family zero lot line, and two-family: 18 feet between the garage and the back of the sidewalk.

B.

Townhomes:

i.

Front-load: 18 feet between the garage and the back of the sidewalk.

ii.

Rear-load: 18 feet between the garage and the alley.

2.

Width: Shall be a minimum of 16 feet.

3.

No parking is allowed in the required front yard outside of an approved driveway.

(4)

Compatibility with existing development within zones and transition to adjacent zones.

a.

Buildings over 35 feet high shall not be closer than 75 feet to property lines of single-family residential property.

b.

Parking lots, loading docks, dumpsters and outdoor recreation with outdoor lighting shall be screened from adjacent residential property by an opaque landscape buffer at least 15 feet wide or a ten-foot-wide opaque landscape buffer outside a six-foot high solid fence or wall.

(5)

Tree preservation bonus density. Each existing healthy tree that is preserved in a required open space area may receive a bonus credit of 0.25 tree density units if, in the opinion of the county arborist/urban forester, the tree is retained along with an intact area of undisturbed soil containing natural habitat and groundcover that includes all of the area below the crown of the tree.

(6)

Aesthetics.

a.

Balconies, covered porches, second story decks, and/or stoops shall be supported with architectural columns, architectural brackets, or pillars that provide a complimentary architectural appearance to the adjacent building elevation.

b.

All front building elevations shall be constructed with at least 50 percent of the following building materials: brick, indigenous rock, natural stone, and synthetic stone, or a combination of brick, indigenous rock, natural stone, and synthetic stone, with accent building materials that may include but not be limited to stucco, EIFS, metal, painted cement siding, and wood where masonry products are not provided.

(7)

Site development.

a.

External right-of-way:

1.

Ten-foot-wide landscape strip shall be provided within the existing right-of-way between the roadway and the sidewalk.

2.

Five-foot-wide concrete sidewalks shall be provided along the existing right-of-way.

b.

Internal Right-of-way:

1.

Twenty-four-foot-wide pavement from face of curb to face of curb for all internal streets.

2.

Two-foot-wide grass strip shall be provided on all internal public roads between the back of the curb and sidewalk.

3.

Five-foot-wide concrete sidewalks shall be five feet wide, meet ADA standards, and be installed on both sides of the proposed internal streets. They shall be of a different type of material than the driveway or poured in a manner that makes it known that they are sidewalks. Alleys are not required to have sidewalks.

4.

Five-foot-wide landscape strip. All trees planted in this landscape strip shall be counted towards any Rockdale County required tree recompense credits or tree density units as mandated by the required development permit.

c.

Alleys:

1.

Eighteen-foot wide minimum.

2.

Shall be privately maintained.

d.

Amenity areas:

1.

Five-foot-wide concrete sidewalks that meet ADA standards shall be installed to make all amenity areas accessible.

e.

All grassed areas shall be sodded.

f.

All utilities shall be placed underground.

g.

Natural vegetation shall remain on the property until the issuance of a development permit.

h.

Streetlights shall be provided throughout the residential development along the internal streets where residential units directly abut. When internal to the block, all streetlights shall be residential in character and meet the minimum lighting standards of Rockdale County, GA as defined in the current edition of the development regulations at the time of development permitting.

i.

Traffic impact study shall be provided at the time of rezoning.

(8)

Any standard associated with the MUR district shall apply to the MRU district.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2012-11, § 6, 11-27-2012; Ord. No. O-2021-44, § I, 9-28-2021)

Sec. 206-8. - RM residential multi-family district.

(a)

Purpose and intent. The RM district is mainly comprised of multi-family residential buildings where surrounding land uses are compatible with higher-density residential development or suitable transitional buffers are provided per the requirements of chapter 328, article I. Appropriate areas must have adequate urban amenities and public facilities, including public water and sewer systems. Because density is increased, it is critical that all factors relating to drainage, topography, open space and other environmental impacts be examined carefully to ensure suitability. All RM developments shall be located on a major thoroughfare.

(b)

Principal uses and structures. Principal uses and structures permitted in the RM district are as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the RM district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the RM district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards.

Property

in the RM district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for residential zoning districts and the following provisions:

(1)

Minimum lot width: 60 feet for duplexes, otherwise 100 feet.

(2)

No parking is allowed in the required front yard.

(3)

Building size: No building shall contain more than six dwelling units.

(4)

Buildings shall be separated by a minimum of 15 feet side-to-side, 40 feet front to back, front to front, or back to back.

(5)

The building shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the Standard Building Code. A permanent foundation wall, or curtain wall, un-pierced, except for required ventilation and access, shall enclose the area located under the home to the ground level. Such a wall shall have a minimum thickness of 3.5 inches and shall be constructed of masonry, brick, or similar material. Installation shall meet or exceed any applicable rules or regulations promulgated by the Georgia Fire Safety Commissioner and shall be completed prior to permanent electrical service.

(6)

Open space requirement.

a.

RM developments including more than 50 dwelling units must provide 400 square feet of landscaped outdoor recreation space per unit in the development.

b.

Where abutting incompatible uses or districts, a buffer is required in conformance with chapter 328, article I of the UDO.

(7)

Landscaping. Front yards shall be sodded, and sites shall provide landscaping and tree protection and replacement as provided in article II of chapter 328 of the UDO.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 206-9. - CID civic-institutional district.

(a)

Purpose and intent.

(1)

Intent. The CID district is intended to implement the policies of the board of commissioners adopted in the Rockdale County 2020 Comprehensive Plan and the recommendations of the Salem Road Corridor Study.

(2)

Purpose. The purpose of the CID district is:

a.

To provide the community with places for assembly, places of worship, offices and service centers for public and nonprofit agencies, education, medical services and recreation.

b.

To provide a range of community services for the needs of a diverse population.

c.

To provide community services in walkable centers that are within convenient range of residents and employees located in adjacent neighborhoods.

d.

To encourage design flexibility for innovative development projects that set high standards for landscaping, greenspace, community design and public amenities.

(3)

Application. This zoning district may be applied only to property located in the SRCO.

(4)

Principal uses and structures. Principal uses and structures permitted in the CID district are as listed in the UDO in section 218-1 table of permitted uses.

(5)

Supportive commercial uses. Supportive commercial uses shall be permitted in the CID district in accordance with section 218-1 table of permitted uses provided they do not occupy more than 15 percent of the gross floor area of a land development project.

(6)

Accessory uses and structures. Accessory uses and structures shall be permitted in the CID district in accordance with section 218-1 table of permitted uses, the standards detailed in section 218-7 accessory use standards of the UDO and the following provisions:

a.

Places of worship on tracts over five acres are allowed one accessory dwelling unit not to exceed 1,200 square feet for use by a caretaker who shall be an employee of the religious organization that owns the property.

(7)

Special uses. Special uses may be permitted in the CID district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(8)

Property development standards. Property in the CID district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 2 development standards for non-residential zoning districts and the following provisions:

a.

Open space: Minimum ten percent, which may not include ball fields or outdoor recreation.

b.

Minimum principal building size: 3,000 square feet.

c.

Spacing between buildings: 20 feet.

d.

Maximum building height: 60 feet.

e.

Minimum frontage at setback: 100 feet.

(9)

Tree preservation bonus density. Each existing healthy tree located within a required open space area may receive a bonus credit of 0.25 tree density units if, in the opinion of the county arborist/urban forester, the tree is retained along with an intact area of undisturbed soil containing natural habitat and groundcover that includes all of the area below the crown of the tree.

(10)

Compatibility with existing development and transition to adjacent zones.

a.

Buildings over 35 feet high shall not be closer than 75 feet from the property lines of adjacent single-family residential property.

b.

Parking lots, loading docks, dumpsters and outdoor recreation fields with outdoor lighting shall be screened from adjacent residential property by an opaque buffer at least 25-foot wide or a 15-foot wide opaque buffer outside an eight-foot high opaque fence or wall.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2012-11, § 7, 11-27-2012)

Sec. 206-10. - O-I office-institutional district.

(a)

Purpose and intent. The purpose of the O-I district is to promote a suitable business environment for service-oriented business and professional services, administrative services, non-profit, public institutions and related offices located along with community facilities. Limited retail and service uses normally supportive of office and institutional tenants also are permitted as accessory uses within the same building. This district may serve as a transition between less intense residential and more intense commercial or industrial districts. Uses within this district should be located on streets classified as arterial or collector streets and shall not generate excessive noise, traffic congestion or other health issues.

(b)

Principal uses and structures. Principal uses and structures permitted in the O-I district are as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the O-I district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the O-I district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the O-I district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 2 development standards for non-residential zoning districts and the following provisions:

(1)

Minimum floor area: 1,000 gross square feet.

(2)

Parking requirements.

a.

Off-street parking and loading space shall be provided in accordance with chapter 222 of the UDO.

b.

No vehicular parking shall be permitted in the area between the street right-of-way and the building facades facing that street.

(3)

Buffer: Where abutting incompatible uses or districts, a buffer is required in conformance with article I of chapter 328 of the UDO.

(4)

All uses in this district shall be conducted entirely within an enclosed building with no outside storage of equipment, vehicles or materials.

(f)

Maximum building height. Eighty-five feet, including rooftop mechanical equipment.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. O-2025-28, § I, 11-10-2025)

Editor's note— O-2025-28, § I, adopted Nov. 10, 2025, set out provisions intended for use as § 206-10(e). Inasmuch as there were already provisions so designated, said section has been codified herein as § 206-10(f) at the discretion of the editor.

Sec. 206-11. - NC neighborhood commercial district.

(a)

Purpose and intent.

(1)

Intent. The NC district is intended to implement the policies of the board of commissioners adopted in the Rockdale County 2020 Comprehensive Plan and the recommendations of the Salem Road Corridor Study.

(2)

Purpose. The purpose of the NC district is:

a.

To provide low-impact commercial services and retail goods in developments that are walkable, have a similar appearance to residential buildings and that are located within convenient range of residents and employees in adjacent neighborhoods.

b.

To provide for the needs of a diverse population with well-designed and human-scale structures that are compatible with other residential neighborhoods.

c.

To provide a transition between single-family residential neighborhoods and commercial, civic or office uses.

d.

To encourage design flexibility for innovative development projects that set high standards for landscaping, greenspace, community design and public amenities.

(3)

Application. This zoning district may be applied only to property located in the SRCO.

(4)

Uses. The principal uses and structures, accessory uses and structures, and special uses and structures listed in subsections (b), (c), and (d) of this section are permitted within the NC district. Any use or structure not specifically listed is prohibited.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the NC district as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the NC district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the NC district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the NC district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 2 development standards for non-residential zoning districts and the following provisions:

(1)

Maximum building size: 15,000 square feet; 7,500 square feet on ground floor.

(2)

Minimum principal building size: 1,500 square feet.

(3)

Maximum building length or width: 150 feet.

(4)

Spacing between buildings: Minimum 20 feet.

(5)

Tree preservation bonus density. Each existing healthy tree located within a required open space area may receive a bonus credit of 0.25 tree density units if, in the opinion of the county arborist/urban forester, the tree is retained along with an intact area of undisturbed soil containing natural habitat and groundcover that includes all of the area below the crown of the tree.

(6)

Compatibility with existing development within zones and transition to adjacent zones.

a.

Buildings over 35 feet high shall not be closer than 75 feet from the property lines of adjacent single-family residential property.

b.

All property lines abutting residential zoning districts shall be screened from adjacent residential property by an opaque landscape buffer at least 50 feet wide or a 25-foot wide opaque landscape buffer outside a six-foot high solid fence or wall.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2012-11, § 8, 11-27-2012)

Sec. 206-12. - C-1 local commercial district.

(a)

Purpose and intent. The C-1 district is composed primarily of low-intensity retail and commercial services generally designed to serve the common and frequent needs of the residents of nearby neighborhoods. C-1 districts should be located on collector streets where they are convenient by car and on foot to surrounding neighborhoods but will not cause excessive traffic on residential streets. It is the intent of this district to encourage such uses to be of a residential scale and character that is compatible with adjacent neighborhoods. Businesses should provide storefronts and entrances that are oriented to the street and adjacent to sidewalks, with most of the parking to the side or rear.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the C-1 district as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the C-1 district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the C-1 district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property in the C-1 district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for non-residential zoning districts.

(f)

Property development standards.

(1)

Minimum floor area: 1,000 gross square feet.

(2)

Parking requirements.

a.

Off-street parking and loading space shall be provided in accordance with chapter 222 of the UDO.

b.

No more than 25 percent of the required vehicle parking shall be permitted in the area between the street right-of-way and the front building setback line.

(3)

Buffer: Where abutting incompatible uses or districts, a buffer is required in conformance with article 1 of chapter 328 of the UDO.

(4)

There shall be no outside storage.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 2008-11, § 4, 9-23-2008)

Sec. 206-13. - C-2 general commercial district.

(a)

Purpose and intent. The purpose of the C-2 district is to provide suitable areas for the various types of community and regional-oriented commercial activities including retail uses and wholesale uses, serving a large sector of the community. C-2 districts are intended to be located along arterial streets and at locations that are appropriate for community and regional commercial areas, as opposed to locations that primarily serve local neighborhoods.

(b)

Principal uses and structures. Principal uses and structures permitted in the C-2 district are as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the C-2 district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the C-2 district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards.

(1)

Minimum floor area: 1,000 gross square feet.

(2)

Parking requirements.

a.

Off-street parking and loading space shall be provided in accordance with chapter 222 of the UDO.

b.

No more than 25 percent of the required vehicle parking shall be permitted in the area between the street right-of-way and the front building setback line.

(3)

Buffer: Where abutting incompatible uses or districts, a buffer is required in conformance with article 1 of chapter 328 of the UDO.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 2008-11, § 5, 9-23-2008)

Sec. 206-14. - MxD mixed-use development district.

(a)

Purpose and intent.

(1)

Intent. The MxD district is intended to implement the policies of the board of commissioners adopted in the Rockdale County 2020 Comprehensive Plan and the recommendations of the Salem Road Corridor Study.

(2)

Purpose. The purpose of the MxD district is:

a.

To improve efficiency of land use and transportation systems and quality of life by providing flexibility to develop interrelated uses in compact, walkable developments.

b.

To provide places of employment, along with residences, commercial services and retail goods in buildings that are convenient to and compatible with adjacent neighborhoods.

c.

To encourage design flexibility for innovative development projects that set high standards for landscaping, greenspace, community design and public amenities.

(3)

Application. This zoning district may be applied only to property located in the SRCO.

(4)

Uses. The principal uses and structures, accessory uses and structures, and special uses and structures listed in subsections (b), (c), and (d) of this section are permitted within the MxD district. Any use or structure not specifically listed is prohibited.

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the MxD district as listed in the UDO in section 218-1 table of permitted uses and in accordance with the following provision:

Mixed-use developments shall include two or more of the following types of uses: retail/commercial, office, or residential. The combination of uses shall maintain a scale, balance and location so as to reduce general traffic congestion and constitute a unified and complementary development.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the MxD district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the MxD district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the MxD district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for non-residential zoning districts and the following provisions:

(1)

Maximum impervious cover: 75 percent of parcel; not including portions of the parcel that are in floodplain or wetlands.

(2)

Minimum heated floor area:

a.

Single-family detached dwellings and single-family zero lot line dwellings: 1,800 square feet.

b.

Two-family dwellings and townhouses:

1.

One bedroom: 900 square feet.

2.

Two-bedroom: 1,200 square feet.

3.

Three-bedroom: 1,400 square feet.

c.

Personal care homes: 1,320 square feet, plus 80 square feet for each bed.

d.

Non-residential buildings, other than garages and unoccupied storage buildings, shall contain a minimum of 2,000 square feet of heated floor area.

(3)

Maximum building size: 25,000 square feet on ground floor, not to exceed a total floor area of 50,000 square feet; north of Flat Shoals Road, a building not to exceed 200,000 square feet on the ground floor may be approved by the director by administrative permit; south of Flat Shoals Road, a building not to exceed 40,000 square feet on the ground floor may be approved by the director by administrative permit.

(4)

Maximum building length or width: 250 feet; north of Flat Shoals Road, a building not to exceed a length or width of 450 feet may be approved by the director by administrative permit.

(5)

Standards for approving an administrative permit pursuant to subsections (3) and (4) of this subsection (e) shall be as follows:

a.

The property to be developed contains a minimum of 20 acres.

b.

The property has safe and proximate vehicular access to and from I-20.

c.

The proposed building is to be occupied by a single major tenant.

d.

The building will not be visible from Salem Road.

e.

The proposed building is part of a planned development that provides safe and convenient access for bicycles and pedestrians.

f.

The building meets all applicable standards of chapter 210-2, Salem Road Overlay District (SRCO).

(6)

Spacing between buildings: Minimum 20 feet.

(7)

Maximum front yard setback: 50 feet; except north of Flat Shoals Road, exclusive of Salem Road property frontage.

(8)

Minimum rear yard: 40 feet.

(9)

Minimum lot size: One acre.

(10)

Maximum building height: 60 feet, except buildings located between Flat Shoals Road and I-20 may be up to 100 feet in height.

(11)

Tree preservation bonus density. Each existing healthy tree that is preserved may receive a bonus credit of 0.25 tree density units if, in the opinion of the county arborist/urban forester, the tree is retained along with an intact area of undisturbed soil containing natural habitat and groundcover that includes all of the area below the crown of the tree.

(12)

Compatibility with existing development within zones and transition to adjacent zones:

a.

Buildings over 35 feet high shall not be closer than 75 feet from the property lines of adjacent single-family residential property.

b.

Parcels that abut property zoned for residential use at the time of adoption of this chapter shall provide a 50-foot buffer that includes a double row of six-foot high evergreen trees planted a maximum of ten feet on center and placed along an earthen berm located along the interior side of the buffer not less than four feet in height, or by an alternative buffer design approved by the director that provides an effective year-round visual screen for the existing residences.

c.

Parcels zoned MxD that are larger than five acres shall be designed so as to place new residential units adjacent to all abutting residentially zoned property.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 0-2012-11, § 9, 11-27-2012; Ord. No. 0-2017-19, § I, 7-18-2017)

Sec. 206-15. - OBP office-business park district.

(a)

Purpose and intent. The purpose of the OBP district is to provide places for a mixture of commercial, business, office distribution and wholesale uses to be integrated in planned and harmonious developments located on land adjacent to major arterials and principal highway intersections that have adequate infrastructure to accommodate these uses. The OBP district shall be located only on arterial streets.

(b)

Principal uses and structures. Principal uses and structures permitted in the OBP district are as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the OBP district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Supportive uses. Supportive uses shall be permitted in the OBP district in accordance with section 218-1 table of permitted uses, provided that they do not occupy more than 15 percent of the gross floor area of a land development project.

(e)

Special uses. Special uses may be permitted in the OBP district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(f)

Property development standards. Property in the OBP district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for residential zoning districts and the following provisions:

(1)

Minimum floor area: 1,000 gross square feet.

(2)

Parking requirements.

a.

Off-street parking and loading space shall be provided in accordance with chapter 222 of the UDO.

b.

No more than 25 percent of the required vehicular parking may be located in the area between the street right-of-way and the facades of buildings facing that street.

(3)

Off-street loading and service areas shall be oriented away from I-20 and adjacent residential property. It shall be screened from public streets by an opaque buffer at least eight feet in height.

(4)

Where abutting incompatible uses or districts, a buffer is required in conformance with article I of chapter 328 of the UDO.

(5)

Outside storage is permitted by conditional use only and must be completely screened as provided in chapter 328 of the UDO.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 206-16. - M-1 limited industrial district.

(a)

Purpose and intent. The purpose of the M-1 district is to provide a suitable location along arterial highways for 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 that would not be objectionable by reasons of dust, odor, noise, traffic safety or congestion. Such uses should be encouraged to locate away from residential districts in accordance with policies outlined in the Rockdale County Comprehensive Plan and under the following conditions:

(1)

Such proposed use will not detrimentally impact or alter nearby property values.

(2)

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

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the M-1 district as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the M-1 district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the M-1 district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the M-1 district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for non-residential zoning districts and the following provisions:

(1)

Minimum floor area: 2,000 gross square feet.

(2)

Parking requirements: Off-street parking and loading space shall be provided in accordance with chapter 222 of the UDO.

(3)

Off-street loading and service areas shall be oriented away from I-20 and adjacent residential property. It shall be screened from public streets by an opaque buffer at least eight feet in height.

(4)

Buffer. Where abutting incompatible uses or districts, a buffer is required in conformance with article I of chapter 238 of the UDO.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 206-17. - M-2 general industrial district.

(a)

Purpose and intent. The purpose of the M-2 district is to provide suitable locations accessible to interstate highways and railroad lines for assembly, warehousing, processing and manufacturing uses. The intent of this district is to establish such areas of industrial use in locations that would protect densely populated areas from dust, odor, noise, traffic safety or congestion. Such uses should be encouraged to locate away from residential districts in accordance with policies outlined in the county comprehensive plan and under the following conditions:

(1)

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

(b)

Principal uses and structures. Principal uses and structures shall be permitted in the M-2 district as listed in the UDO in section 218-1 table of permitted uses.

(c)

Accessory uses and structures. Accessory uses and structures shall be permitted in the M-2 district in accordance with section 218-1 table of permitted uses and provisions detailed in section 218-7 accessory use standards of the UDO.

(d)

Special uses. Special uses may be permitted in the M-2 district in accordance with section 218-1 table of permitted uses. Special uses shall be subject to approval of a special use permit and subject to the additional use standards established in section 218-13 of the UDO.

(e)

Property development standards. Property in the M-2 district may be developed in accordance with section 214-1 of the UDO, dimensional standards for zoning districts, table 1 development standards for non-residential zoning districts and the following provisions:

(1)

Minimum floor area: 2,000 gross square feet.

(2)

Parking requirements. Off-street parking and loading space shall be provided in accordance with chapter 222 of the UDO.

(3)

Off-street loading and service areas shall be oriented away from I-20 and adjacent residential property. It shall be screened from public streets by an opaque buffer at least eight feet in height.

(4)

Buffer. Where abutting incompatible uses or districts, a buffer is required in conformance with article I of chapter 328 the UDO.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

Sec. 206-18. - CSO conservation subdivision ordinance.

(a)

Purpose and intent.

(1)

Intent. The CSO zoning classification is intended to allow and encourage flexibility of design of single-family detached residential development in the medium density residential and conservation subdivision categories of the comprehensive plan future land use map.

(2)

Purpose.

a.

To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land.

b.

To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.

c.

To preserve important historic and archaeological sites.

d.

To permit clustering of houses and structures on less environmentally sensitive soils, which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development.

e.

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.

f.

To promote contiguous greenspace with adjacent jurisdictions.

g.

To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood.

h.

To encourage street designs that reduce traffic speeds and reliance on main arteries.

i.

To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles.

j.

To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

k.

To protect prime agricultural land and preserve farming as an economic activity.

(b)

General regulations.

(1)

Applicability of regulations. This conservation subdivision ordinance zoning district is available only within the medium density residential and conservation subdivision land use categories as designated on the Rockdale County Comprehensive Plan Future Land Use Map.

(2)

Timber harvesting. The CSO zoning classification shall not be used on property that has been timber harvested within 36 months.

(3)

Ownership of development site. The tract of land to be subdivided may be held in single ownership or in multiple ownerships. If held in multiple ownerships, however, the site shall be developed according to a single plan with common authority and common responsibility.

(4)

Housing density determination. The maximum number of lots in the CSO zoning district shall be determined by either of the following two methods:

a.

Calculation method: The maximum number of lots is determined by dividing the gross area of the tract of land by the minimum lot size specified in the R-1 zoning district regulations. In making this calculation, the following shall not be included in the total area of the parcel:

1.

Slopes over 25 percent of at least 5,000 square feet contiguous area;

2.

The 100-year floodplain;

3.

Bodies of open water over 5,000 square feet contiguous area;

4.

Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act; and

5.

Anticipated right-of-way needs for roads and utilities.

b.

Yield method: The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible in the R-1 zoning district regulations. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations.

(c)

Application requirements.

(1)

Site analysis map required. Concurrent with the submission of a site concept plan, applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements of this article. The preliminary site plan shall include the following features:

a.

Property boundaries;

b.

All streams, rivers, lakes, wetlands and other hydrologic features;

c.

Topographic contours of no less that ten-foot intervals;

d.

All primary and secondary conservation areas labeled by type, as described in subsection (d)(2);

e.

General vegetation characteristics;

f.

General soil types;

g.

The planned location of protected open space;

h.

Existing roads and structures;

i.

Potential connections with existing greenspace and trails.

(2)

Open space management plan required. An open space management plan, as described in subsection (d)(5)b, shall be prepared and submitted prior to the issuance of a land disturbance permit.

(3)

Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in subsection (d)(6), shall be placed on the open space concurrent with the issuance of a land disturbance permit.

(4)

Other requirements. The applicant shall adhere to all other applicable requirements of the UDO, including Chapter 302, Subdivision Regulations.

(d)

Open space.

(1)

Definition.

Open space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.

(2)

Standards to determine open space.

a.

The minimum restricted open space shall comprise at least 40 percent of the gross parcel(s) area.

b.

The following are considered primary conservation areas and are required to be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article:

1.

The 100-year floodplain.

2.

Riparian zones of at least 75 foot width along all perennial and intermittent streams.

3.

Slopes above 25 percent of at least 5,000 square feet contiguous area.

4.

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act.

5.

Populations of endangered or threatened species, or habitat for such species.

6.

Archaeological sites, cemeteries and burial grounds.

c.

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible:

1.

Important historic sites.

2.

Existing healthy, native forests of at least one acre contiguous area.

3.

Individual existing healthy trees greater than eight inches caliper, as measure from their outermost drip line.

4.

Other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.

5.

Prime agricultural lands of at least five acres contiguous area.

6.

Existing trials that connect the tract to neighboring areas.

d.

Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 40 percent minimum area requirement, except that historic structures and existing trails may be counted. Large areas of impervious surface shall be excluded from the open space.

e.

At least 25 percent of the open space shall consist of land that is suitable for building.

f.

At least 75 percent of the open space shall be in a contiguous tract. The open space shall adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

g.

The open space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the open space.

(3)

Permitted uses of open space. Uses of open space may include the following:

a.

Conservation of natural, archeological or historical resources;

b.

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

c.

Walking or bicycle trails, provided they are constructed of porous paving materials;

d.

Passive recreation areas, such as open fields;

e.

Active recreation areas, provided that they are limited to no more than ten percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space.

f.

Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within primary conservation areas;

g.

Landscaped stormwater management facilities, community wastewater disposal systems and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities shall be located outside primary conservation areas;

h.

Easements for drainage, access, and underground utility lines;

i.

Other conservation-oriented uses compatible with the purposes of this article.

(4)

Prohibited uses of open space.

a.

Golf courses;

b.

Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;

c.

Agricultural and forestry activities not conducted according to accepted best management practices;

d.

Impoundments;

e.

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

(5)

Ownership and management of open space.

a.

Ownership of open space. A homeowners association representing residents of the conservation subdivision shall own the open space. Membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. The homeowners association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the homeowners association.

b.

Management plan. Applicant shall submit a plan for management of open space and common facilities ("plan") that:

1.

Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

2.

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

3.

Provides that any changes to the plan be approved by the board of commissioners; and

4.

Provides for enforcement of the plan.

c.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, Rockdale County may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the homeowners association, or to the individual properties within the subdivision, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.

(6)

Legal instrument for permanent protection.

a.

The open space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

1.

A permanent conservation easement in favor of either:

A.

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

B.

A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not Rockdale County, than a third right of enforcement favoring Rockdale County shall be included in the easement.

2.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

3.

An equivalent legal tool that provides permanent protection, if approved by Rockdale County.

b.

The instrument for permanent protection shall include clear restrictions on the use of the open space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the applicant chooses to place on the use of the open space.

(7)

Tax assessment of open space. Once a legal instrument for permanent protection has been placed upon the open space, Rockdale County Tax Assessor Office shall be directed to reassess the open space at a lower value to reflect its more limited use. If the open space is used purely for passive recreational purposes and the terms of the instrument for permanent protection effectively prohibit any type of significant economic activity, than the assessment shall be at a value of zero.

(e)

Permitted uses. Principal uses and structures permitted in the CSO district shall be as listed in section 218-1, Table of Permitted Uses.

(f)

Property development standards. Property in the CSO district may be developed in accordance with section 214-1 of the UDO, Dimensional Standards for Zoning Districts, Table 1 Development Standards for Residential Zoning Districts and the following provisions:

(1)

Minimum open space: 40 percent of the gross parcel area as provided in subsection d.

(2)

Minimum development size: Ten contiguous acres, exclusive of open space.

(3)

Minimum lot size: 10,000 square feet. Area contained within a lot shall be exclusive of the 100-year floodplain, wetlands, stream buffers, required buffers, and slopes exceeding 25 percent of at least 5,000 square feet contiguous area.

(4)

Minimum street frontage and lot width at building setback line: 70 feet, continuous from frontage to building line. Street frontage may be reduced to 30 feet for lots with frontage upon a cul-de-sac and 50 feet for lots on the outside of street curves, so long as the lot width at the building setback line (20 feet minimum) is at least 70 feet.

(5)

Front yard setback: 20 feet minimum; setbacks must be staggered (five-foot minimum staggering) on lots to prevent a "row house" appearance.

(6)

Rear yard setback: 25 feet minimum.

(7)

Side yard setback: Ten feet minimum. Air conditioning pads, units and other similar structures shall not encroach into the side yard setback.

(8)

Housing materials: All sides shall consist of brick, stone, cementitious siding or real (lath and portland) stucco from ground to eaves, with brick, stone, cedar shake, real stucco, painted wood siding or cementitious siding to be used as accents. Metal siding, vinyl siding, metal canopies and exposed standard concrete block are prohibited. Soffits may be constructed of vinyl.

(9)

Sodded yards: All grassed areas on dwelling lots shall be sodded.

(10)

Minimum heated floor area of dwelling unit: 1,800 square feet.

(11)

Minimum main roof slope: 6/12 .

(12)

Maximum building height: 35 feet.

(13)

Utilities: Must be served by public water and sewer and must be placed underground.

(14)

Design features: Buildings shall utilize a minimum of three of the following design features to provide visual relief along the front of the residences:

a.

Dormers.

b.

Gables.

c.

Pillars.

d.

Posts.

e.

Covered front porches.

f.

Recessed entries.

g.

Cupolas.

h.

Bay windows (minimum 24 inch projection).

(15)

Accessory structure: Must be located in the rear yard, shall contain a total floor area no greater than 30 percent of the heated area of the principal structure, and the exterior finish material shall be of the same or visually match the exterior finish of the principal structure. Accessory structures shall not exceed the height of the principal structure and shall meet the minimum side and rear setback requirements of this section.

(16)

Off-street parking requirements.

a.

All single-family dwelling units shall include an enclosed garage for a minimum of two cars. Said garage may be attached to or detached from the principal structure, and shall be oriented to the side or rear yard, or if front facing, shall be set even with the front facade of the dwelling and consist of two decorative single-wide garage doors (each not to exceed 12 feet in width) that provide for integrated architectural integrity with the house in order to visually diminish the impact of the garage doors. Double-wide garage doors that provide for integrated architectural integrity with the house may be used for front-facing garages if the garage is set back at least ten feet behind the front facade of the residence.

b.

A minimum of one additional parking space per six lots shall be established adjacent to recreation areas, clubhouse, swimming pool, tennis court, community room, and exercise or health club, with a minimum of ten spaces required. Parking areas serving playing fields, playgrounds and courts shall provide safe ingress and egress, and shall not be lighted.

(17)

Variances. No administrative variances shall be granted in the CSO zoning district. Appeals shall be submitted pursuant to section 238-8.

(18)

Other requirements. The applicant shall adhere to all other applicable requirements of Title 2 of the UDO, applicable subdivision regulations, and other development requirements of Rockdale County. In any case where the standards and requirements of this district conflict with other provisions of the Rockdale County Code of Ordinances, including but not limited to subdivision regulations, the requirements of this district shall govern.

(19)

Compatibility with existing development. Each CSO zoned development that abuts property that is zoned for agricultural or single-family residential use shall provide one of the following forms of transition to adjacent zones:

a.

Twenty feet natural or enhanced vegetated opaque buffer adjacent to residentially zoned property, to include a three-foot tall berm with plantings to a minimum total height of eight feet, recorded separately from the lots.

b.

Fifty feet natural or enhanced vegetated opaque buffer adjacent to residentially zoned property recorded separately from the lots.

c.

One hundred fifty feet deep transition area developed with lots that are not less than the average size of lots that abut the CSO zoned parcel or within 150 feet of its outer boundary, measured as straight-line distance.

d.

Where possible, connectivity of inter-parcel conservation space or wildlife corridors is encouraged.

(Ord. No. 2007-09, § 25(Exh. A), 5-22-2007; Ord. No. 0-2012-11, § 10, 11-27-2012)