A.

R-3 zoning districts are intended to:

1.

Encourage the development of land as planned neighborhoods or communities.

2.

Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas.

3.

Provide for efficient use of land resulting in smaller networks of utilities and streets as well as lower development and housing costs.

4.

Provide an environment of stable character which is compatible with surrounding residential areas.

The official map (Section 2301 of this ordinance) shows the boundaries of all R-3 districts within Spalding County. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.

A.

The following are permitted as principal uses in R-3 districts:

1.

Planned apartment home community.

2.

Planned manufactured home community (Class A, B, or C).

3.

Recreation area owned, operated, and maintained by the owner(s) of the permitted use, exclusively for the use of residents and their guests.

4.

Site-built, single-family dwelling with a heated floor area of at least one thousand five hundred (1,500) square feet; provided that such dwelling shall be located on a lot of record and that the first story shall have a minimum square footage of one thousand two hundred fifty (1,250) square feet.

B.

The following principal uses are permitted as special exceptions in R-3 districts:

1.

Utility substation meeting the following development standards:

a.

Structures must be placed at least thirty (30) feet from all property lines.

b.

Structures must be enclosed by a woven wire fence at least eight (8) feet high with bottom of fence either flush with the ground or with a masonry footing.

c.

No vehicles or equipment may be stored on the lot.

d.

A buffer, as provided in section 405, must be maintained along the side and rear property lines.

e.

All other development standards as enumerated in section 905 are waived, except for J., M., T., and X.

f.

In the event that the special exception required hereunder is approved, the aforementioned development standards (a., b., c., d., e.) shall not be waived.

C.

The following are permitted as accessory uses in R-3 districts:

1.

Private garage or carport not to exceed the storage capacity of three (3) automobiles per dwelling unit.

2.

Structure for the storage of equipment and supplies used in maintaining the principal building and its grounds.

3.

Structure for a children's playhouse and the storage of children's play equipment.

4.

Private swimming pool and bath house or cabana meeting the following standards:

a.

All such swimming pools must meet the specifications of the Standard Swimming Pool Code (SBCCI).

5.

Private tennis court and/or basketball facilities; if lighted, lights must be designed so that they do not intrude upon adjacent lots. Such a court may be surrounded by a fence up to ten (10) feet high.

6.

Non-commercial garden, including a greenhouse and other customary garden structures not over eight (8) feet high.

7.

Deck, patio, barbecue grill, or other such facility.

8.

Reserved.

9.

Tower, domestic or antenna, domestic.

10.

Temporary building for storage of materials meeting the following development standards:

a.

Permitted only in conjunction with construction of a building.

b.

Allowed either on the same lot where construction is taking place or on adjacent lot.

c.

Such a use must be terminated upon completion of construction.

11.

Signs as permitted by the Spalding County Sign Ordinance (Appendix E).

12.

Home occupation, minor, excluding public garage, repair garage and kennel.

D.

The following accessory uses are permitted as special exceptions in R-3 districts:

1.

Tower or antenna meeting the standards and development criteria established in the Spalding County Ordinance to Establish Standards for Telecommunications Antennas and Towers, limited to those towers defined in section 4.B.1.—5. of Appendix E and which additionally shall be determined by the Spalding County Board of Zoning Appeals to meet the criteria for approval set forth in section 6.C. of Appendix I.

2.

Reserved.

E.

All accessory uses must meet the following standards:

1.

They may not be located closer than five (5) feet to any property line.

2.

Accessory buildings not attached to the principal building must be located at least twelve (12) feet from the principal building on the lot.

F.

All uses not permitted within R-3 districts by this section are specifically prohibited.

(Res. of 7-15-97, §§ 20—23; Res. of 11-18-97, §§ 11, 12; Res. No. A-01-06, §§ 11, 12, 5-7-01; Res. No. A-08-22, § 1, 2-2-09; Res. No. A-09-02, § 7, 3-16-09; Res. No. A-15-07, § 13, 9-21-15)

A.

Pre-application conference: Prior to filing a formal application for an R-3, the applicant shall confer with the administrative officer and the planning commission in order to review the general character of the plan (on the basis of tentative land use sketch if available), and to obtain information on development standards and ordinances affecting the proposed project.

B.

Submission of application for R-3 approval:

1.

The applicant must file a petition with the administrative officer for approval of the proposed R-3. This application must be supported by a site development plan and a written plan of intent. The relationship between the proposed development and the surrounding area, both existing and proposed, must be shown. Eight (8) copies of the site development plan and written plan of intent must accompany the application. The site development plan consists of a series of drawings which must show the following:

a.

A general location map.

b.

The site development plan shall be drawn at a scale suitable to show the extent of the proposed development. North arrow and correct scale will be shown on all drawings. Scales of one (1) inch = one hundred (100) feet are acceptable.

c.

Existing topographic conditions, including contour intervals of no more than five (5) feet based on field surveys or photogrammetric methods.

d.

The existing and proposed land uses and the approximate location of all buildings and structures. All lot lines and setbacks documenting compliance must be shown.

e.

The approximate location of existing and proposed streets and driveways. Rights-of-way and pavement widths shall be shown.

f.

The location of all existing and proposed utilities and easements, including, but not limited to, water, sanitary sewage, stormwater drainage, natural gas, electricity and cable TV lines.

g.

The present zoning pattern in the area.

h.

A legal description of the subject property.

i.

The location and use of existing and proposed public, semi-public, and community facilities such as schools, parks, and open areas on the site. This includes areas proposed to be dedicated or reserved for community or public use.

j.

Perspective drawings of representative building types; however, this is not required for single-family detached dwellings.

k.

A preliminary stormwater drainage plan prepared and stamped by a registered professional engineer.

2.

If a proposed development creates special problems or involves unusual circumstances as determined by the administrative officer and planning commission, additional information shall be required in order to properly evaluate the proposal as follows:

a.

An off-street parking and loading plan.

b.

An economic feasibility report or market analysis.

c.

A traffic study of the area, and a circulation plan within the proposed development as well as to and from existing streets adjacent to the site.

d.

Additional studies or reports as required.

3.

The written plan of intent must include the following information:

a.

A statement of the present ownership of all land within the proposed development. Provide financial statement of developer that indicates the ability to develop and complete proposed development.

b.

An explanation of the character of the proposed development; this includes a summary of acres, number and types of dwelling units, and gross density by type of land use.

c.

A development and construction time schedule showing major activities of proposed development.

d.

A general statement of the proposed development schedule.

e.

Agreements, provisions, and covenants which govern the use, maintenance, and protection of the development and any common or open areas.

C.

Review and approval of R-3 application: An application for approval of an R-3 is treated administratively as an application for an amendment to this ordinance (rezoning). This is because R-3 districts are created only upon request of a developer, whose application materials demonstrate a firm commitment to construction of a well-designed R-3. Upon approval of the R-3, existing zoning must be changed to an R-3 zone which is an amendment to the ordinance. The amendment procedures contained in Sections 414 and 2302 must be followed in granting the amendment to permit the R-3. Approval of R-3 zoning shall in every instance be conditioned by the site development plan approved by the board of commissioners.

1.

If the development plan is approved as submitted, the official map will be changed to indicate the R-3 district (Section 2302). If the plan is approved with modifications, the applicant must file with the administrative officer the following:

a.

Written notice of consent to the modifications.

b.

Properly revised site development plans.

2.

The official map will then be changed (section 2302). The site plan and supporting information of any approved plan will be properly identified and permanently filed with the administrative officer.

3.

No building permits will be issued by the building official until the development plan has been approved by the board of commissioners.

D.

Issuance of building permits: The administrative officer will issue building permits for buildings and structures in the area covered by the approved development plan if the proposed buildings and structures are in conformity with the approved development plan, the development schedule, and all other applicable regulations. (See section 408.)

E.

Revision of development plan after approval of plan:

1.

Minor extensions, alterations, or modifications of existing buildings or structures may be permitted after review and approval by the planning commission; such changes must be consistent with the purposes and intent of the development plan.

2.

Any major or substantial change in the approved development plan which affects the intent and character of the development, the density of land use pattern, the location or dimensions of streets, or similar substantial changes must be reviewed and approved by the board of commissioners after receipt of recommendations from the planning commission in accordance with the provisions of Sections 414 and 2302. A request for a revision of the development plan must be supported by a written statement indicating the nature of the revision and the reasons it is considered necessary or desirable to revise the development.

In addition to the development standards contained in Article 4 of this ordinance, the following standards are required within R-3 districts:

_____

H.

Minimum frontage width: One hundred fifty (150) feet.

I.

Sight distance: Within thirty (30) feet of the pavement edge, plants cannot be of a type which will exceed a height of thirty (30) inches at maturity and/or a trunk diameter of four (4) inches. There may be some flexibility in regard to the maximum trunk diameter when protected by a guardrail or some other suitable type barrier beyond thirty (30) feet from pavement edge. Almost any type of planted vegetation is permissible.

J.

Applicability to land and buildings: No building, structure or land may be used or occupied, and no building or structure or part of a building or structure may be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations specified for the district in which it is located.

K.

Every use must be on a lot: No building or structure may be erected or use established unless upon a lot as defined by this ordinance.

L.

Reserved.

M.

Open space not to be encroached upon: No open space may be encroached upon or reduced in any manner except in conformity with the yard, setback, or off-street parking spaces, and other such required development standards contained in this ordinance. Shrubbery, driveways, retaining walls, fences, curbs, and buffers (see definition in Article 2) are not considered to be encroachments of yards. Open space areas as required by this ordinance must be permanently maintained as open space in accordance with the requirements of this ordinance.

N.

Reduction of yards or lot area: Except as otherwise provided in this ordinance, a lot existing at the time of passage of this ordinance may not be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this ordinance for the district in which it is located unless that reduction or division is necessary to provide land which is needed and accepted for public use.

O.

Lots with multiple frontage: In the case of a corner lot or double frontage lot, the front yard setback shall be a minimum of one hundred (100) feet, which may be reduced to seventy (70) feet where public sewer is provided. The setback applicable to any other portion of the lot which abuts a street shall be a minimum of fifty (50) feet, which may be reduced to thirty-five (35) feet where public sewer is provided. For purposes of this section, the front yard setback shall apply to that side of the lot which must comply with the minimum frontage width required in this district.

P.

Landlocked lots: Landlocked lots are not eligible for placement within an R-3 zoning district.

Q.

Street frontage: No principal building may be erected on any lot which has less than thirty (30) feet of immediate frontage on at least one (1) public street.

R.

Yards and other spaces: No part of a yard, other open space, off-street parking, or loading space required for another building may be included as a part of the yard, off-street parking, or loading space required for another building, except as specifically provided for in this ordinance.

S.

Substandard lots: Substandard lots are not eligible for placement within an R-3 zoning district.

T.

Encroachment on public rights-of-way: No building, structure, service area, required off-street parking, or loading/unloading facility is permitted to encroach on public rights-of-way.

U.

Physical design standards: Minimum design standards for driveways, loading area, and other such physical site improvements are contained in the Spalding County Development Ordinance (Appendix A) and other applicable development regulations of Spalding County. Consult these documents for specific requirements.

V.

Off-street parking and service requirements: Minimum standards for off-street parking and service requirements are contained in the Spalding County Standards for Off-Street Parking and Service Facilities (Appendix G). See also additional requirements in paragraph Z.7 of this section.

W.

Other applicable development regulations: Information concerning any other applicable development regulations may be obtained from the administrative officer.

X.

Signs: Minimum design and location standards for signs are contained in the Spalding County Sign Ordinance (Appendix E). Consult that document for specific requirements.

Y.

Development standards shown in approved development plan: Other development standards shown in an approved development plan apply only to the development shown on the specific development plan. Such development standards must be maintained. (See Section 1305 for related details.)

Z.

Design standards for all R-3 developments:

1.

General: Condition of soil, ground water level, drainage, and ground slope must not create hazards to the property, or to the health or safety of residents. The site must not be exposed to objectionable smoke, noise, odors, or other adverse conditions; and no part subject to flooding or erosion can be used for any purpose that would expose people or property to danger.

2.

Soil and ground cover: Exposed ground surfaces throughout the development must be protected with a vegetative growth that prevents soil erosion, standing puddles, and dust. If this is not possible, such areas may be covered with a solid material such as stone, or may be paved.

3.

Site drainage: The ground surfaces throughout the development must be equipped to drain all stormwater in a safe, efficient manner, either through grading or installation of drains. All stormwater must be drained into a detention or retention structure before flowing off site.

4.

Street width:

a.

Internal streets: All internal streets must be paved. Minimum required pavement width is as follows:

a.

No on-street parking: Twenty-four (24) feet.

b.

Parking one side: Thirty-two (32) feet.

c.

Parking both sides: Forty (40) feet.

b.

Dead end streets: All dead end streets which exceed two hundred (200) feet in length must have a turn-around at the closed end, with an outside paved diameter of at least eighty (80) feet and shall be no longer than one thousand (1,000) feet.

c.

Ingress/Egress: Each proposed development over twenty (20) acres in size shall have a minimum of two (2) access streets.

d.

Acceleration/Deceleration lanes: All access streets that intersect an arterial street or road, or a street with a higher use category, must have both acceleration and deceleration lanes that comply with Georgia Department of Transportation (DOT) guidelines.

5.

Street lighting: Outdoor lighting is required which will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:

a.

All parts of the street system of the development: One-half (½) footcandle.

b.

Potentially hazardous locations, such as major street intersections, steps, and stepped ramps: Individually lighted, with a minimum of one (1) footcandle.

6.

Street construction and design:

a.

Pavement: All streets must be paved with a material and thickness which meets the standards specified in Spalding County Development Ordinance (See Appendix A).

b.

Grades: Maximum permitted grade for streets is ten (10) percent. Short runs with a maximum grade of fifteen (15) percent may be permitted upon specific approval of the administrative officer, if traffic safety is assured by adequate leveling areas, and avoidance of lateral curves.

c.

Offset intersecting streets (street jogs) and reverse curves: Offset intersecting streets must be offset at the centerlines at least one hundred fifty (150) feet. Reverse curves must be connected by a straight section that is at least seventy-five (75) feet long.

7.

Paved parking areas:

a.

Paved off-street parking areas must be provided for the use of residents. At least two (2) spaces for each dwelling unit must be furnished. In a planned manufactured home community, resident parking must be furnished at the manufactured home space which it serves.

b.

Paved parking areas for guests may be either on-street, in a separate off-street lot, or a combination of both. At least two-tenths (0.2) paved guest parking spaces per dwelling unit must be furnished.

c.

See Appendix I for required parking space design standards.

8.

Walks:

a.

General requirements: All developments must have safe, convenient, all-season pedestrian and handicap access of adequate width for intended use. Walks must be durable and convenient to maintain. Sudden changes in alignment and gradient should be avoided.

b.

Common walk system: Common walks, where provided, should be at least three and one-half (3½) feet wide.

c.

Individual walks: All apartment dwellings and manufactured home spaces must be connected either to common walks, paved streets, paved driveways, or parking spaces adjacent to paved streets. Such individual walks must have a minimum width of two (2) feet.

9.

Service buildings and other such facilities: Service buildings, recreation buildings and other such facilities of the development must meet the requirements of applicable codes and development regulations adopted by Spalding County.

10.

Recreation area or open space: A minimum of 400 square feet for each dwelling unit, either in one large recreation area or in several separate areas shall be provided. This land area must be suitable for recreational use and contain equipment appropriate for residents of the proposed development.

AA.

The following required development standards apply only to planned apartment communities:

1.

Maximum density: Eight (8) units per net developable acre.

2.

Maximum lot coverage by building: Twenty-five (25) percent.

3.

Landscaping: Each development shall comply with the following criteria:

a.

The Spalding County Landscape and Tree Preservation Ordinance, Zoning Ordinance, Appendix K;

b.

A minimum of one (1) two-inch caliper canopy tree shall be required for every two thousand (2,000) square feet of impervious surface;

c.

A minimum of one (1) two-inch caliper understory tree (less than fifty (50) feet in height when full grown) shall be required for every two thousand (2,000) square feet of impervious surface;

d.

A minimum of one (1) two-gallon shrub shall be required for every five hundred (500) square feet of impervious surface; and

e.

Sod shall be required in front of all buildings and surrounding all amenity areas.

4.

Architectural criteria: Each building within the development shall be constructed with:

a.

At least twenty-five (25) percent of the exterior front facade with ornamental brick, stone or stucco accents;

b.

Recessed staircases and stairwells;

c.

Construction framing on sixteen-inch centers for wall studs;

d.

Exterior vinyl siding of a minimum .44 mil thickness;

e.

Decorative gables and vents;

f.

Minimum roof pitch with an increase of five (5) feet in height for horizontal run of twelve (12) feet;

g.

Balconies, patios or sunrooms/screened porches;

h.

Fireplaces;

i.

Washer/drying connections in each dwelling unit.

5.

Amenities, lighting and other design criteria: The development shall be constructed with the following:

a.

A clubhouse which shall include a fitness center and conference/meeting room;

b.

A pool and tennis court area, which shall be enclosed by decorative fencing;

c.

A playground area which complies with the construction and design criteria set forth in Spalding County's Design Guideline for Spalding County Parks, Chapter 3, Playground Equipment, Intermediate Play Structure;

d.

Parking garages to provide covered parking for at least one (1) vehicle per residential dwelling unit;

e.

A landscaped entry boulevard with decorative signage;

f.

Sidewalks interconnecting between residential buildings, the clubhouse and each amenity or recreational area; and

g.

Decorative exterior lighting fixtures throughout (See: Outdoor lighting. Georgiapower.com/multiDecorativeFixtures);

6.

Dwellings: Developments shall be primarily limited to one- and two-bedroom dwelling units, provided that a maximum of ten (10) percent of total number of dwelling units may be three-bedroom dwelling units;

7.

Public water and sewer required: Each development must be served by public water and sewer.

BB.

The following required development standards apply only to planned manufactured home communities:

1.

All manufactured homes must be installed in accordance with section 82-160, et seq. of the Official Code of Georgia Annotated.

2.

Maximum density: Seven (7) units per net acre, where central sewage and water are provided. Where central sewage and water are not provided, densities must meet the requirements of the Spalding County Health Department, but may not be greater than seven (7) dwelling units per net acre.

3.

Minimum development size: Three (3) acres.

4.

Minimum separation of dwelling units: Twenty-five (25) feet.

5.

Minimum manufactured home site in area: Six thousand (6,000) square feet.

6.

Maximum manufactured home site coverage: Forty (40) percent.

7.

Minimum manufactured home space front yard setback: Twenty (20) feet.

(Res. of 5-6-97, §§ 1, 2; Res. of 10-7-97, § 11; Res. of 5-19-98, §§ 9, 10; Res. No. A-01-13, § 20, 9-4-01; Res. A-02-07, § 2, 4, 10-7-02; Res. No. A-05-04, §§ 1—6, 4-4-05; Res. No. A-08-22, § 2, 2-2-09)