R-6 PLANNED RESIDENTIAL COMMUNITY DISTRICT5
Editor's note— Res. No. A-07-05, § 1, adopted August 20, 2007, amended article 11A in its entirety to read as herein set out. Former article 11A, §§ 1101A—1104A, pertained to similar subject matter, and derived from Res. of 11-18-97, § 1; Res. of 3-17-98, §§ 1—3; Res. of 1-6-98, § 4; Res. of 5-19-98, §§ 15, 16; Res. No. 98-23, §§ 7, 8, 12-15-98; Res. No. 99-02, §§ 15, 16, 3-16-99; Res. No. A-99-21, §§ 11, 12, 12-21-99; Res. No. A-00-09, § 8, 6-5-00; Res. No. A-01-13, § 26, 9-4-01; Res. No. A-01-06, §§ 17, 18, 5-7-01; Res. No. A-01-13, § 26, 9-4-01; Res. No. A-01-17, §§ 20, 22, 24, 26, 28, 30—36, 1-7-02; Res. No. A-04-11, §§ 9-24, 6-7-04; Res. No. A-05-14, §§ 1, 2, 8-15-05.
R-6 zoning districts are intended to establish and preserve quiet, relatively medium-to-high density neighborhoods of single-family detached and/or attached residences. These districts are free from other uses which are incompatible with single-family homes.
(Res. No. A-07-05, § 1, 8-20-07)
The official map (Section 2301 of this ordinance) shows the boundaries of all R-6 districts within Spalding County. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.
(Res. No. A-07-05, § 1, 8-20-07)
A.
The following principal uses are permitted in R-6 districts:
1.
Cluster dwellings, condominium dwellings, patio dwellings, and townhouse dwellings meeting the development standards described in section 1104A.
2.
Local, state, or federal government building.
3.
Reserved.
4.
Publicly owned and operated park or recreation area.
5.
Subdivision recreation area owned, operated, and maintained by a homeowners association exclusively for the use of residents and their guests.
6.
Reserved.
B.
The following principal uses are permitted as special exceptions in R-6 districts:
1.
Church, synagogue, chapel, or other place of religious worship including educational buildings, parsonage, church-related nursery or kindergarten, and other related uses meeting the following development standards:
a.
It must be located on either an arterial or collector road;
b.
The lot must have a minimum road frontage of two hundred (200) feet;
c.
The lot must have an area of at least four (4) acres;
d.
All buildings must be located at least fifty (50) feet from any property line;
e.
A buffer (as provided by section 405) must be provided along all side and rear property lines;
f.
Reserved.
g.
No additional approval shall be required for the expansion or modification of any facility, as defined in this section, which existed as of January 4, 1994 on the property on which it is presently located.
2.
Bed and breakfasts.
3.
Reserved.
4.
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 1106A are waived, except for subsection J.
5.
Group personal care-home as defined in section 202 BBB.2. or congregate personal care-home as defined in section 202 BBB.3. that meets the following criteria:
a.
Minimum lot size: Three (3) acres.
b.
Must be located on a street or road that is designated as a collector or thoroughfare;
c.
Compliance with the requirements of the Americans with Disabilities Act, 2 U.S.C. § 126, et seq.;
d.
Compliance with the requirements of any and all regulations of the Georgia Department of Human Resources governing the operation of a personal care home;
e.
Certificate of inspection and approval by the fire marshall and building inspector.
6.
Family personal care-home as defined in section 202 BBB.1. that meets the following criteria:
a.
Minimum lot size: As required by section 1106A H.;
b.
Minimum house size:
i.
"Resident" includes each personal care home client, caregiver and other adult or child that is domiciled in the dwelling.
ii.
For no more than four (4) residents: One thousand five hundred (1,500) square feet.
iii.
For no more than six (6) residents: Two thousand (2,000) square feet.
iv.
For no more than eight (8) residents: Two thousand five hundred (2,500) square feet.
c.
Compliance with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 126, et seq.;
d.
Compliance with the requirements of any and all regulations of the Georgia Department of Human Resources governing the operation of a personal care home;
e.
Certificate of inspection and approval by the fire marshall and building inspector.
f.
Occupancy requirements:
i.
The licensee authorized by the Georgia Department of Human Resources to operate the family personal care home must maintain their domicile at the address at which the family personal care home is permitted; in the event the licensee is a corporation or partnership, at least one (1) officer, director or partner must maintain their domicile at the address at which the family personal care home is located; and
ii.
No more than three (3) residents may occupy a single bedroom.
g.
Any family personal care home for which a license has issued by the Georgia Department of Human Resources on or before December 31, 2008 and which meets all the requirements of this ordinance shall be deemed to be in compliance with the requirements herewith and shall not be required to obtain approval as a special exception use within this district, even though no business license has been issued for the operation thereof, provided an application for a business license for the operation thereof is filed with Spalding County on or before February 28, 2009.
C.
The following accessory uses are permitted in R-6 districts:
1.
Private garage or carport.
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. Any swimming pool must meet the specifications of the Standard Swimming Pool Code (SBCCI).
5.
Private tennis court and/or basketball facilities; if lighted, lights must be designated 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.
Noncommercial garden, including a greenhouse and other customary garden structures.
7.
Deck, patio, barbecue grill or other such facility.
8.
Reserved.
9.
Antenna, satellite, television, radio, etc.
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 lots;
c.
Such a use must be terminated upon completion of construction.
11.
Sign as permitted by the Spalding County Sign Ordinance (Appendix E).
12.
Home occupation, minor, excluding public garage, repair garage and kennel.
13.
Temporary construction office facility at a construction site for a residential subdivision as defined by the Subdivision Ordinance of Spalding County, Unified Development Ordinance, Appendix A, section 202 QQ. and for any special exception use allowed in this zoning district for which construction of a new structure is required, meeting the following development standards:
a.
The procedure for applying for a temporary construction office facility is as follows:
i.
Plans for a water/well and sewage/septic system suitable for the construction office facility must be submitted to the Spalding County Health Department for its review and approval.
ii.
Upon approval by the Spalding County Health Department, the owner shall present evidence of such approval to the administrative officer and apply for a building permit for the proposed construction office facility, including the water and sewage systems.
iii.
Upon receipt of the building permit, the owner should proceed with construction of the proposed water and sewage systems. The Spalding County Health Department will provide required inspections of these systems during and upon completion of construction. No other water or sewage system may be approved for the temporary construction office facility.
iv.
Upon certification of the administrative officer that the water and sewage systems have been property installed according to the approved plans, the owner shall, pursuant to the building permit issued in section 1103A C.13.a.i., ii. be authorized to temporarily maintain the construction office facility.
v.
The administrative officer shall explain to the owner all conditions and limitations attached to such a permit and will secure the written certification that he understands and will abide by those conditions.
b.
The following conditions apply to the permit issued for the temporary construction office facility:
i.
Only one (1) temporary construction office facility is allowed per subdivision.
ii.
It is non-transferable from one owner to another.
iii.
Any permit is temporary; the valid period of the permit will expire on the date that a certificate of occupancy for the last residential dwelling in the subdivision is issued or after thirty-six (36) months, whichever occurs first. For nonresidential construction, the permit will expire on the date that a certificate of occupancy for the structure is issued or after twelve (12) months, whichever occurs first.
iv.
In the event that construction of the residential subdivision or nonresidential construction is underway, but not yet completed and approved for occupancy when the building permit for the temporary construction office facility expires, the owner may apply to the administrative officer for an extension. The administrative office, at the discretion, may extend the permit for periods of up to twelve (12) months.
c.
Upon completion of the residential subdivision or other expiration of the permit, the temporary construction office facility must be disconnected from the water and sewage systems and use of the temporary office facility must cease.
d.
The temporary construction office facility must be either a class B or class C manufactured home.
e.
The temporary construction office facility must be removed within thirty (30) days of either the issuance of the certificate of occupancy of the last residence in the subdivision or the expiration of the temporary construction office facility permit B whichever is earlier.
14.
Shipping container, temporary.
D.
The following accessory uses are permitted as special exceptions in R-6 districts:
1.
Home occupation, general, excluding garage, repair garage, kennel, shooting range and such other proposed uses that may conflict or be inconsistent with existing nearby development or pose a threat to the public health and safety of residents of nearby properties.
2.
Reserved.
E.
All accessory uses must meet the following standards:
1.
They must be located in the rear yard.
2.
They may not be located closer than five (5) feet from any property line.
3.
They may not be located in any front or side yard.
4.
Accessory buildings and structures 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-6 districts by this section are specifically prohibited.
(Res. No. A-07-05, § 1, 8-20-07; Res. No. A-08-04, §§ 10, 11, 3-3-08; Res. No. A08-23, §§ 10, 11, 2-2-09; Res. No. A-09-02, § 10, 3-16-09; Res. No. A-10-02, § 9, 5-3-10; Res. No. A-13-07, §§ 13, 14, 12-16-13; Res. No. A-15-07, § 19, 9-21-15; Res. No. A-19-02, § 14, 4-15-19)
A.
Pre-application conference: Prior to filing a formal application for an R-6 zoning designation, 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-6 approval:
1.
The applicant must file an application with the administrative officer for approval of the proposed R-6 development. 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 shall consist 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 1″=100′ 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.
b.
A financial statement of developer that indicates the ability to develop and complete proposed development.
c.
An explanation of the character of the proposed development including a summary of acres, number and types of dwelling units, and gross density by type of land use.
d.
A development and construction time schedule showing major activities of proposed development.
e.
A general statement of the proposed development schedule.
f.
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-6 application:
1.
An application for approval of R-6 zoning is treated administratively as an application for an amendment to this ordinance (rezoning). This is because R-6 districts are created only upon request of a developer, whose application materials demonstrate a firm commitment to construction of a well-designed R-6 development. Upon approval of the R-6 zoning, existing zoning must be changed to an R-6 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-6 development. Approval of R-6 zoning shall in every instance be conditioned by the site development plan approved by the board of commissioners.
2.
If the development plan is approved as submitted, the official map will be changed to indicate the R-6 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.
3.
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.
4.
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 of 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.
(Res. No. A-07-05, § 1, 8-20-07)
The following design standards are required for R-6 developments:
A.
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 of the site subject to flooding or erosion can be used for any purpose that would expose people or property to danger.
B.
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.
C.
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.
D.
Street width:
1.
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.
2.
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.
3.
Ingress/egress: Each proposed development over twenty (20) acres in size shall have a minimum of two (2) access streets.
4.
Acceleration/deceleration lanes: All access streets that intersect an arterial or collector street or road must have both acceleration and deceleration lanes that comply with Georgia Department of Transportation (DOT) guidelines as well as any requirement of the Spalding County Development Ordinance.
E.
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:
1.
All parts of the street system of the development: One-half (0.5) foot-candle.
2.
Potentially hazardous locations, such as major street intersections, steps, and stepped ramps: Individually lighted, with a minimum of one (1) foot-candle.
F.
Street construction and design:
1.
Pavement: All streets must be paved with a material and thickness which meets the standards specified in Spalding County Development Ordinance (See: Appendix A).
2.
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.
3.
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.
4.
Curb and gutter: Curb and gutter are required.
G.
Paved parking areas:
1.
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.
2.
Paved parking areas for guests may be either on-street, in a separate off-street lot, or a combination of both. At least 0.2 paved guest parking spaces per dwelling unit must be furnished.
3.
See appendix G for required parking space design standards.
H.
Walks:
1.
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.
2.
Common walk system: Common walks shall be at least four (4) feet wide.
3.
Individual walks: All Dwellings 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 four (4) feet.
4.
Sidewalks: Minimum four (4) feet wide sidewalks are required for cluster, patio and townhome developments.
5.
Road frontage sidewalks: Minimum four (4) feet wide sidewalks shall be required along any public road from which access into the development is provided to each property line boundary, excluding the actual entrance into the development.
I.
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.
J.
Recreation area or open space: A minimum of four hundred (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 proposed development.
K.
Landscaping: Each development shall comply with the requirements of the Spalding County Landscape and Tree Preservation Ordinance, Zoning Ordinance, Appendix K.
L.
Architectural criteria for cluster homes and patio dwellings:
1.
Consistent architectural design throughout the development consisting of either:
a.
Authentic vernacular architectural design with authentic exterior siding, i.e., wood or wood appearing; or
b.
Minimum three (3) side brick, stone or stucco facade;
c.
No exterior vinyl siding permitted.
2.
Minimum ten (10) feet ceilings on ground floor;
3.
Foundations or slab above grade (to make the appearance of a crawlspace) or a crawlspace;
4.
Architectural detail should include the following, as appropriate to the style and design of the dwelling:
a.
Victorian gingerbread detailing;
b.
Window walks;
c.
Bay windows or turrets;
d.
Decorative vents or gables;
e.
Entrance porticos;
f.
Greek revival columns;
g.
Decorative window pediments;
h.
Transom windows;
i.
Detailed balusters and pediments;
j.
Masonry chimneys; and
k.
Quoins.
5.
Adjoining dwellings must have differentiation in architecture for windows, entries and facades;
6.
Adjoining dwellings must be constructed of different building materials;
7.
Sodded front yards, with corner lots and double frontage lots having any yard fronting on the right-of-way sodded;
8.
Rear entry garage required.
M.
Architectural criteria for condominiums: Each building within the development shall be constructed with:
1.
At least twenty-five (25) percent of the exterior front facade with ornamental brick, stone or cedar shakes accents;
2.
Recessed staircases and stairwells;
3.
Construction framing on sixteen (16) inches centers for wall studs;
4.
No exterior vinyl siding permitted;
5.
Decorative gables and vents;
6.
Minimum roof pitch with an increase of five (5) feet in height for horizontal run of twelve (12) feet;
7.
Balconies, patios or sunrooms/screened porches;
8.
Fireplaces;
9.
Washer/dryer connections in each dwelling;
10.
Rear entry garage required.
N.
Architectural criteria for townhouses:
1.
At least twenty-five (25) percent of the exterior front facade of each dwelling constructed with ornamental brick or stone;
2.
Construction framing on sixteen (16) inches centers for wall studs;
3.
No exterior vinyl siding permitted;
4.
Decorative gables and vents required;
5.
Minimum roof pitch with an increase of five (5) feet in height for horizontal run of twelve (12) feet;
6.
Rear entry garage required for multi-level dwelling;
7.
All dwellings accessed by rear alley;
8.
Connected dwellings to be constructed with staggered or offset front entry ways;
9.
Adjoining dwellings must have differentiation in architecture for windows, entries and facades;
10.
Adjoining dwellings must be constructed of different building materials;
11.
Elevations of dwellings must be provided in advance of approval and are to be made a condition of approval;
12.
Foundations or slab above grade (to make the appearance of a crawlspace) or crawlspace; and
13.
Sodded front yards, with corner lots and double frontage lots having any yard fronting on the right-of-way sodded.
O.
Amenities, lighting and other design criteria: The development shall be constructed with the following:
1.
A clubhouse which shall include a fitness center and conference/meeting room;
2.
A pool and tennis court area, which shall be enclosed by decorative fencing;
3.
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;
4.
Parking garages to provide covered parking for at least one (1) vehicle per residential dwelling unit;
5.
A landscaped entry boulevard with decorative signage;
6.
Sidewalks interconnecting between residential buildings, the clubhouse and each amenity or recreation area; and
7.
Decorative exterior lighting fixture throughout (See: Outdoor lighting, georgiapower.com/multiDecorativeFixtures).
P.
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.
Q.
Public water and sewer required: Each development must be served by public water and sewer.
R.
Underground utilities required: All utilities for each development shall be located underground.
(Res. No. A-07-05, § 1, 8-20-07)
The following development standards are required within R-6 districts:
A.
Minimum heated floor area per dwelling unit: For cluster dwellings, condominiums, townhomes, and patio homes, the minimum heated floor area shall be one thousand two hundred fifty (1,250) square feet.
B.
Maximum density permitted: Net density shall not exceed six (6) units per net developable acre.
C.
Minimum lot width: Each lot shall have a minimum width of at least two hundred (200) feet where public water and sewer are not available. Where public water, but no public sewer, is provided the minimum lot width may be reduced to one hundred twenty-five (125) feet. Where public water and public sewer are provided, the minimum lot width may be reduced to one hundred (100) feet.
D.
Minimum front-yard depth: Setback from county arterial and collector right(s)-of-way for all buildings and structures shall be a minimum of one hundred (100) feet.
E.
Minimum side-yard and rear-yard depth: Setback from side and rear property boundaries for all buildings and structures shall be a minimum of twenty-five (25) feet.
F.
Maximum impervious surface: Maximum impervious surface coverage shall be twenty-five (25) percent.
G.
Maximum building height: Thirty-five (35) feet. Building height may be increased to sixty (60) feet, provided the structure is serviced by an approved sprinkler fire suppression system and upon approval as a special exception pursuant to section 413 of this ordinance. Any height limitation stated herein does not apply to projections not intended for human habitation.
H.
Minimum development size: Three (3) acres.
I.
Minimum frontage width: Frontage on interior road shall be reviewed on a case-by-case plan basis by the planning commission, with final consideration and approval by the Spalding County Board of Commissioners.
J.
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.
K.
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.
L.
Homeowners association: A mandatory homeowners association must be formed and incorporated which provides for building and grounds maintenance and repair, insurance and working capital. The homeowners association shall be governed by the articles of incorporation, bylaws, and restrictive covenants, each of which shall be subject to review and approval of the administrative officer. The bylaws and restrictive covenants shall, at a minimum, regulate and control the following:
1.
Animals permitted and restraint rules.
2.
Signage as it affects individual owner's lots.
3.
Exterior improvements, such as fences, lawn ornaments.
4.
Restrictions on removal and maintenance of landscape areas and buffers.
5.
Building improvements.
6.
Outside storage.
7.
Overnight parking of vehicles.
8.
Decorations.
9.
Trash collection.
10.
Ownership and maintenance of common areas and open space.
11.
Restriction limiting the number of residential dwellings that may be rented or otherwise non-owner occupied to no more than twenty (20) percent of the total number of residential units within the development. The covenants may provide for a hardship exception to be determined and approved by the homeowners association.
M.
Reserved.
N.
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, off-street parking spaces, and other such required development standards contained in the 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 resolution must be permanently maintained as open space in accordance with the requirements of this ordinance.
O.
Reduction of yards or lot area: Except as otherwise provided in this ordinance, no lot existing on or before the date of the adoption of this ordinance may be reduced, divided or changed in any way which does not comply with the area, width, or yard requirements of this ordinance provided the area of a lot may be reduced if the reduction is necessary to provide land for a governmental function.
P.
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.
Q.
Landlocked lots: A landlocked lot may not be developed in the R-6 zoning district.
R.
Reserved.
S.
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.
T.
Substandard lots: A substandard lot may not be developed in the R-6 zoning district.
U.
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.
V.
Physical design standards: Minimum design standards for driveways, loading areas, and other such physical site improvements are contained in Appendix A, Spalding County Subdivision Regulations. Consult that document for specific requirements.
W.
Off-street parking and service requirements: Minimum standards for off-street parking and service requirements are contained in the Spalding County Standard for Off-Street and Service Facilities (Appendix G).
X.
Other applicable development regulations: Information concerning any other applicable development regulations may be obtained by consulting the administrative officer.
Y.
Signs: Minimum design and location standards for signs are contained in the Spalding County Sign Ordinance (Appendix E). Consult that document for specific requirements.
Z.
Reserved.
(Res. No. A-07-05, § 1, 8-20-07)
R-6 PLANNED RESIDENTIAL COMMUNITY DISTRICT5
Editor's note— Res. No. A-07-05, § 1, adopted August 20, 2007, amended article 11A in its entirety to read as herein set out. Former article 11A, §§ 1101A—1104A, pertained to similar subject matter, and derived from Res. of 11-18-97, § 1; Res. of 3-17-98, §§ 1—3; Res. of 1-6-98, § 4; Res. of 5-19-98, §§ 15, 16; Res. No. 98-23, §§ 7, 8, 12-15-98; Res. No. 99-02, §§ 15, 16, 3-16-99; Res. No. A-99-21, §§ 11, 12, 12-21-99; Res. No. A-00-09, § 8, 6-5-00; Res. No. A-01-13, § 26, 9-4-01; Res. No. A-01-06, §§ 17, 18, 5-7-01; Res. No. A-01-13, § 26, 9-4-01; Res. No. A-01-17, §§ 20, 22, 24, 26, 28, 30—36, 1-7-02; Res. No. A-04-11, §§ 9-24, 6-7-04; Res. No. A-05-14, §§ 1, 2, 8-15-05.
R-6 zoning districts are intended to establish and preserve quiet, relatively medium-to-high density neighborhoods of single-family detached and/or attached residences. These districts are free from other uses which are incompatible with single-family homes.
(Res. No. A-07-05, § 1, 8-20-07)
The official map (Section 2301 of this ordinance) shows the boundaries of all R-6 districts within Spalding County. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.
(Res. No. A-07-05, § 1, 8-20-07)
A.
The following principal uses are permitted in R-6 districts:
1.
Cluster dwellings, condominium dwellings, patio dwellings, and townhouse dwellings meeting the development standards described in section 1104A.
2.
Local, state, or federal government building.
3.
Reserved.
4.
Publicly owned and operated park or recreation area.
5.
Subdivision recreation area owned, operated, and maintained by a homeowners association exclusively for the use of residents and their guests.
6.
Reserved.
B.
The following principal uses are permitted as special exceptions in R-6 districts:
1.
Church, synagogue, chapel, or other place of religious worship including educational buildings, parsonage, church-related nursery or kindergarten, and other related uses meeting the following development standards:
a.
It must be located on either an arterial or collector road;
b.
The lot must have a minimum road frontage of two hundred (200) feet;
c.
The lot must have an area of at least four (4) acres;
d.
All buildings must be located at least fifty (50) feet from any property line;
e.
A buffer (as provided by section 405) must be provided along all side and rear property lines;
f.
Reserved.
g.
No additional approval shall be required for the expansion or modification of any facility, as defined in this section, which existed as of January 4, 1994 on the property on which it is presently located.
2.
Bed and breakfasts.
3.
Reserved.
4.
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 1106A are waived, except for subsection J.
5.
Group personal care-home as defined in section 202 BBB.2. or congregate personal care-home as defined in section 202 BBB.3. that meets the following criteria:
a.
Minimum lot size: Three (3) acres.
b.
Must be located on a street or road that is designated as a collector or thoroughfare;
c.
Compliance with the requirements of the Americans with Disabilities Act, 2 U.S.C. § 126, et seq.;
d.
Compliance with the requirements of any and all regulations of the Georgia Department of Human Resources governing the operation of a personal care home;
e.
Certificate of inspection and approval by the fire marshall and building inspector.
6.
Family personal care-home as defined in section 202 BBB.1. that meets the following criteria:
a.
Minimum lot size: As required by section 1106A H.;
b.
Minimum house size:
i.
"Resident" includes each personal care home client, caregiver and other adult or child that is domiciled in the dwelling.
ii.
For no more than four (4) residents: One thousand five hundred (1,500) square feet.
iii.
For no more than six (6) residents: Two thousand (2,000) square feet.
iv.
For no more than eight (8) residents: Two thousand five hundred (2,500) square feet.
c.
Compliance with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 126, et seq.;
d.
Compliance with the requirements of any and all regulations of the Georgia Department of Human Resources governing the operation of a personal care home;
e.
Certificate of inspection and approval by the fire marshall and building inspector.
f.
Occupancy requirements:
i.
The licensee authorized by the Georgia Department of Human Resources to operate the family personal care home must maintain their domicile at the address at which the family personal care home is permitted; in the event the licensee is a corporation or partnership, at least one (1) officer, director or partner must maintain their domicile at the address at which the family personal care home is located; and
ii.
No more than three (3) residents may occupy a single bedroom.
g.
Any family personal care home for which a license has issued by the Georgia Department of Human Resources on or before December 31, 2008 and which meets all the requirements of this ordinance shall be deemed to be in compliance with the requirements herewith and shall not be required to obtain approval as a special exception use within this district, even though no business license has been issued for the operation thereof, provided an application for a business license for the operation thereof is filed with Spalding County on or before February 28, 2009.
C.
The following accessory uses are permitted in R-6 districts:
1.
Private garage or carport.
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. Any swimming pool must meet the specifications of the Standard Swimming Pool Code (SBCCI).
5.
Private tennis court and/or basketball facilities; if lighted, lights must be designated 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.
Noncommercial garden, including a greenhouse and other customary garden structures.
7.
Deck, patio, barbecue grill or other such facility.
8.
Reserved.
9.
Antenna, satellite, television, radio, etc.
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 lots;
c.
Such a use must be terminated upon completion of construction.
11.
Sign as permitted by the Spalding County Sign Ordinance (Appendix E).
12.
Home occupation, minor, excluding public garage, repair garage and kennel.
13.
Temporary construction office facility at a construction site for a residential subdivision as defined by the Subdivision Ordinance of Spalding County, Unified Development Ordinance, Appendix A, section 202 QQ. and for any special exception use allowed in this zoning district for which construction of a new structure is required, meeting the following development standards:
a.
The procedure for applying for a temporary construction office facility is as follows:
i.
Plans for a water/well and sewage/septic system suitable for the construction office facility must be submitted to the Spalding County Health Department for its review and approval.
ii.
Upon approval by the Spalding County Health Department, the owner shall present evidence of such approval to the administrative officer and apply for a building permit for the proposed construction office facility, including the water and sewage systems.
iii.
Upon receipt of the building permit, the owner should proceed with construction of the proposed water and sewage systems. The Spalding County Health Department will provide required inspections of these systems during and upon completion of construction. No other water or sewage system may be approved for the temporary construction office facility.
iv.
Upon certification of the administrative officer that the water and sewage systems have been property installed according to the approved plans, the owner shall, pursuant to the building permit issued in section 1103A C.13.a.i., ii. be authorized to temporarily maintain the construction office facility.
v.
The administrative officer shall explain to the owner all conditions and limitations attached to such a permit and will secure the written certification that he understands and will abide by those conditions.
b.
The following conditions apply to the permit issued for the temporary construction office facility:
i.
Only one (1) temporary construction office facility is allowed per subdivision.
ii.
It is non-transferable from one owner to another.
iii.
Any permit is temporary; the valid period of the permit will expire on the date that a certificate of occupancy for the last residential dwelling in the subdivision is issued or after thirty-six (36) months, whichever occurs first. For nonresidential construction, the permit will expire on the date that a certificate of occupancy for the structure is issued or after twelve (12) months, whichever occurs first.
iv.
In the event that construction of the residential subdivision or nonresidential construction is underway, but not yet completed and approved for occupancy when the building permit for the temporary construction office facility expires, the owner may apply to the administrative officer for an extension. The administrative office, at the discretion, may extend the permit for periods of up to twelve (12) months.
c.
Upon completion of the residential subdivision or other expiration of the permit, the temporary construction office facility must be disconnected from the water and sewage systems and use of the temporary office facility must cease.
d.
The temporary construction office facility must be either a class B or class C manufactured home.
e.
The temporary construction office facility must be removed within thirty (30) days of either the issuance of the certificate of occupancy of the last residence in the subdivision or the expiration of the temporary construction office facility permit B whichever is earlier.
14.
Shipping container, temporary.
D.
The following accessory uses are permitted as special exceptions in R-6 districts:
1.
Home occupation, general, excluding garage, repair garage, kennel, shooting range and such other proposed uses that may conflict or be inconsistent with existing nearby development or pose a threat to the public health and safety of residents of nearby properties.
2.
Reserved.
E.
All accessory uses must meet the following standards:
1.
They must be located in the rear yard.
2.
They may not be located closer than five (5) feet from any property line.
3.
They may not be located in any front or side yard.
4.
Accessory buildings and structures 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-6 districts by this section are specifically prohibited.
(Res. No. A-07-05, § 1, 8-20-07; Res. No. A-08-04, §§ 10, 11, 3-3-08; Res. No. A08-23, §§ 10, 11, 2-2-09; Res. No. A-09-02, § 10, 3-16-09; Res. No. A-10-02, § 9, 5-3-10; Res. No. A-13-07, §§ 13, 14, 12-16-13; Res. No. A-15-07, § 19, 9-21-15; Res. No. A-19-02, § 14, 4-15-19)
A.
Pre-application conference: Prior to filing a formal application for an R-6 zoning designation, 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-6 approval:
1.
The applicant must file an application with the administrative officer for approval of the proposed R-6 development. 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 shall consist 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 1″=100′ 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.
b.
A financial statement of developer that indicates the ability to develop and complete proposed development.
c.
An explanation of the character of the proposed development including a summary of acres, number and types of dwelling units, and gross density by type of land use.
d.
A development and construction time schedule showing major activities of proposed development.
e.
A general statement of the proposed development schedule.
f.
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-6 application:
1.
An application for approval of R-6 zoning is treated administratively as an application for an amendment to this ordinance (rezoning). This is because R-6 districts are created only upon request of a developer, whose application materials demonstrate a firm commitment to construction of a well-designed R-6 development. Upon approval of the R-6 zoning, existing zoning must be changed to an R-6 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-6 development. Approval of R-6 zoning shall in every instance be conditioned by the site development plan approved by the board of commissioners.
2.
If the development plan is approved as submitted, the official map will be changed to indicate the R-6 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.
3.
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.
4.
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 of 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.
(Res. No. A-07-05, § 1, 8-20-07)
The following design standards are required for R-6 developments:
A.
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 of the site subject to flooding or erosion can be used for any purpose that would expose people or property to danger.
B.
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.
C.
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.
D.
Street width:
1.
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.
2.
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.
3.
Ingress/egress: Each proposed development over twenty (20) acres in size shall have a minimum of two (2) access streets.
4.
Acceleration/deceleration lanes: All access streets that intersect an arterial or collector street or road must have both acceleration and deceleration lanes that comply with Georgia Department of Transportation (DOT) guidelines as well as any requirement of the Spalding County Development Ordinance.
E.
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:
1.
All parts of the street system of the development: One-half (0.5) foot-candle.
2.
Potentially hazardous locations, such as major street intersections, steps, and stepped ramps: Individually lighted, with a minimum of one (1) foot-candle.
F.
Street construction and design:
1.
Pavement: All streets must be paved with a material and thickness which meets the standards specified in Spalding County Development Ordinance (See: Appendix A).
2.
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.
3.
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.
4.
Curb and gutter: Curb and gutter are required.
G.
Paved parking areas:
1.
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.
2.
Paved parking areas for guests may be either on-street, in a separate off-street lot, or a combination of both. At least 0.2 paved guest parking spaces per dwelling unit must be furnished.
3.
See appendix G for required parking space design standards.
H.
Walks:
1.
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.
2.
Common walk system: Common walks shall be at least four (4) feet wide.
3.
Individual walks: All Dwellings 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 four (4) feet.
4.
Sidewalks: Minimum four (4) feet wide sidewalks are required for cluster, patio and townhome developments.
5.
Road frontage sidewalks: Minimum four (4) feet wide sidewalks shall be required along any public road from which access into the development is provided to each property line boundary, excluding the actual entrance into the development.
I.
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.
J.
Recreation area or open space: A minimum of four hundred (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 proposed development.
K.
Landscaping: Each development shall comply with the requirements of the Spalding County Landscape and Tree Preservation Ordinance, Zoning Ordinance, Appendix K.
L.
Architectural criteria for cluster homes and patio dwellings:
1.
Consistent architectural design throughout the development consisting of either:
a.
Authentic vernacular architectural design with authentic exterior siding, i.e., wood or wood appearing; or
b.
Minimum three (3) side brick, stone or stucco facade;
c.
No exterior vinyl siding permitted.
2.
Minimum ten (10) feet ceilings on ground floor;
3.
Foundations or slab above grade (to make the appearance of a crawlspace) or a crawlspace;
4.
Architectural detail should include the following, as appropriate to the style and design of the dwelling:
a.
Victorian gingerbread detailing;
b.
Window walks;
c.
Bay windows or turrets;
d.
Decorative vents or gables;
e.
Entrance porticos;
f.
Greek revival columns;
g.
Decorative window pediments;
h.
Transom windows;
i.
Detailed balusters and pediments;
j.
Masonry chimneys; and
k.
Quoins.
5.
Adjoining dwellings must have differentiation in architecture for windows, entries and facades;
6.
Adjoining dwellings must be constructed of different building materials;
7.
Sodded front yards, with corner lots and double frontage lots having any yard fronting on the right-of-way sodded;
8.
Rear entry garage required.
M.
Architectural criteria for condominiums: Each building within the development shall be constructed with:
1.
At least twenty-five (25) percent of the exterior front facade with ornamental brick, stone or cedar shakes accents;
2.
Recessed staircases and stairwells;
3.
Construction framing on sixteen (16) inches centers for wall studs;
4.
No exterior vinyl siding permitted;
5.
Decorative gables and vents;
6.
Minimum roof pitch with an increase of five (5) feet in height for horizontal run of twelve (12) feet;
7.
Balconies, patios or sunrooms/screened porches;
8.
Fireplaces;
9.
Washer/dryer connections in each dwelling;
10.
Rear entry garage required.
N.
Architectural criteria for townhouses:
1.
At least twenty-five (25) percent of the exterior front facade of each dwelling constructed with ornamental brick or stone;
2.
Construction framing on sixteen (16) inches centers for wall studs;
3.
No exterior vinyl siding permitted;
4.
Decorative gables and vents required;
5.
Minimum roof pitch with an increase of five (5) feet in height for horizontal run of twelve (12) feet;
6.
Rear entry garage required for multi-level dwelling;
7.
All dwellings accessed by rear alley;
8.
Connected dwellings to be constructed with staggered or offset front entry ways;
9.
Adjoining dwellings must have differentiation in architecture for windows, entries and facades;
10.
Adjoining dwellings must be constructed of different building materials;
11.
Elevations of dwellings must be provided in advance of approval and are to be made a condition of approval;
12.
Foundations or slab above grade (to make the appearance of a crawlspace) or crawlspace; and
13.
Sodded front yards, with corner lots and double frontage lots having any yard fronting on the right-of-way sodded.
O.
Amenities, lighting and other design criteria: The development shall be constructed with the following:
1.
A clubhouse which shall include a fitness center and conference/meeting room;
2.
A pool and tennis court area, which shall be enclosed by decorative fencing;
3.
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;
4.
Parking garages to provide covered parking for at least one (1) vehicle per residential dwelling unit;
5.
A landscaped entry boulevard with decorative signage;
6.
Sidewalks interconnecting between residential buildings, the clubhouse and each amenity or recreation area; and
7.
Decorative exterior lighting fixture throughout (See: Outdoor lighting, georgiapower.com/multiDecorativeFixtures).
P.
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.
Q.
Public water and sewer required: Each development must be served by public water and sewer.
R.
Underground utilities required: All utilities for each development shall be located underground.
(Res. No. A-07-05, § 1, 8-20-07)
The following development standards are required within R-6 districts:
A.
Minimum heated floor area per dwelling unit: For cluster dwellings, condominiums, townhomes, and patio homes, the minimum heated floor area shall be one thousand two hundred fifty (1,250) square feet.
B.
Maximum density permitted: Net density shall not exceed six (6) units per net developable acre.
C.
Minimum lot width: Each lot shall have a minimum width of at least two hundred (200) feet where public water and sewer are not available. Where public water, but no public sewer, is provided the minimum lot width may be reduced to one hundred twenty-five (125) feet. Where public water and public sewer are provided, the minimum lot width may be reduced to one hundred (100) feet.
D.
Minimum front-yard depth: Setback from county arterial and collector right(s)-of-way for all buildings and structures shall be a minimum of one hundred (100) feet.
E.
Minimum side-yard and rear-yard depth: Setback from side and rear property boundaries for all buildings and structures shall be a minimum of twenty-five (25) feet.
F.
Maximum impervious surface: Maximum impervious surface coverage shall be twenty-five (25) percent.
G.
Maximum building height: Thirty-five (35) feet. Building height may be increased to sixty (60) feet, provided the structure is serviced by an approved sprinkler fire suppression system and upon approval as a special exception pursuant to section 413 of this ordinance. Any height limitation stated herein does not apply to projections not intended for human habitation.
H.
Minimum development size: Three (3) acres.
I.
Minimum frontage width: Frontage on interior road shall be reviewed on a case-by-case plan basis by the planning commission, with final consideration and approval by the Spalding County Board of Commissioners.
J.
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.
K.
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.
L.
Homeowners association: A mandatory homeowners association must be formed and incorporated which provides for building and grounds maintenance and repair, insurance and working capital. The homeowners association shall be governed by the articles of incorporation, bylaws, and restrictive covenants, each of which shall be subject to review and approval of the administrative officer. The bylaws and restrictive covenants shall, at a minimum, regulate and control the following:
1.
Animals permitted and restraint rules.
2.
Signage as it affects individual owner's lots.
3.
Exterior improvements, such as fences, lawn ornaments.
4.
Restrictions on removal and maintenance of landscape areas and buffers.
5.
Building improvements.
6.
Outside storage.
7.
Overnight parking of vehicles.
8.
Decorations.
9.
Trash collection.
10.
Ownership and maintenance of common areas and open space.
11.
Restriction limiting the number of residential dwellings that may be rented or otherwise non-owner occupied to no more than twenty (20) percent of the total number of residential units within the development. The covenants may provide for a hardship exception to be determined and approved by the homeowners association.
M.
Reserved.
N.
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, off-street parking spaces, and other such required development standards contained in the 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 resolution must be permanently maintained as open space in accordance with the requirements of this ordinance.
O.
Reduction of yards or lot area: Except as otherwise provided in this ordinance, no lot existing on or before the date of the adoption of this ordinance may be reduced, divided or changed in any way which does not comply with the area, width, or yard requirements of this ordinance provided the area of a lot may be reduced if the reduction is necessary to provide land for a governmental function.
P.
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.
Q.
Landlocked lots: A landlocked lot may not be developed in the R-6 zoning district.
R.
Reserved.
S.
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.
T.
Substandard lots: A substandard lot may not be developed in the R-6 zoning district.
U.
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.
V.
Physical design standards: Minimum design standards for driveways, loading areas, and other such physical site improvements are contained in Appendix A, Spalding County Subdivision Regulations. Consult that document for specific requirements.
W.
Off-street parking and service requirements: Minimum standards for off-street parking and service requirements are contained in the Spalding County Standard for Off-Street and Service Facilities (Appendix G).
X.
Other applicable development regulations: Information concerning any other applicable development regulations may be obtained by consulting the administrative officer.
Y.
Signs: Minimum design and location standards for signs are contained in the Spalding County Sign Ordinance (Appendix E). Consult that document for specific requirements.
Z.
Reserved.
(Res. No. A-07-05, § 1, 8-20-07)