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Spalding County Unincorporated
City Zoning Code

ARTICLE 17A

VN VILLAGE NODE DISTRICT

Sec. 1701A.- Purpose.

The VN district is established to provide development design criteria and standards for comprehensive and coordinated development of areas identified on the Spalding County Future Land Use Map (a part of the Spalding County Comprehensive Plan) as being appropriate for greater residential densities and mixed-use development. The VN district encourages flexible site plans and building arrangements under a unified plan of development for retail, commercial and service uses for self-sufficient neighborhoods and to encourage and develop a sense of community. The VN district is established to provide a variety of residential development styles and community commercial services.

The VN district encourages development of residences in areas surrounding and adjoining commercial property. The residential areas will consist of quality housing constructed in compliance with high construction standards which focus on aesthetic appearance and co-existence with nearby commercial property. The VN district will encourage development of flex (live/work) units which consist of multi-storied structures with commercial uses and/or living space. The commercial area within the VN district shall be composed principally of neighborhood and community related commercial uses requiring less than thirty thousand (30,000) square feet. The commercial area must be developed in a manner consistent with adjoining residential properties.

The VN district encourages pedestrian access to commercial properties from residences. Retail centers shall be designed to provide pedestrian access from all areas of the village. The development benefits from better land utilization in the provision of roads, utilities, other infrastructure and overall site design. The VN district must have direct ingress and egress from a state highway or a county collector street. All property within the VN district must be served by public water and sewer.

(Res. No. A-05-16, § 1, 9-19-05)

Sec. 1702A. - Boundaries of the Village Node District.

The Official Map (Section 2301 of this Ordinance) shows the boundaries of all VN districts within Spalding County. Article 23 also contains additional information regarding interpreting district boundaries, amending boundaries, etc.

(Res. No. A-05-16, § 1, 9-19-05)

Sec. 1703A. - Permitted uses.

A.

The following principal uses are permitted in VN districts provided such uses shall not exceed thirty thousand (30,000) square feet per business and have no outside storage of any unfinished product for sale or raw materials:

1.

Animal hospital or veterinary clinic with no outside runs or pens.

2.

Appliance sale and repair.

3.

Art studio.

4.

Bakery.

5.

Bank or financial institution.

6.

Barber/beauty shop.

7.

Bed and breakfast inn.

8.

Catering service.

9.

Reserved.

10.

Clothing store.

11.

Club, private.

12.

College or university.

13.

Crafts.

14.

Cultural facility, library, museum.

15.

Dance school or studio.

16.

Dental laboratory.

17.

Department store.

18.

Driving range.

19.

Dry goods store.

20.

Florist shop.

21.

Flowers, growing and sales.

22.

Food store.

23.

Garden, growing and sales.

24.

Gift shop.

25.

Government building, local, federal or state.

26.

Indoor amusement or recreational activities.

27.

Laundry.

28.

Library.

29.

Legal office.

30.

Locksmith.

31.

Medical laboratory.

32.

Medical office.

33.

Messenger service.

34.

Music teaching studio.

35.

Novelty shop.

36.

Office equipment and supplies.

36A.

Pharmacy.

37.

Photography studio.

37A.

Professional office.

38.

Publicly owned recreation center.

39.

Restaurant.

39A.

School-elementary, middle, high-public or private.

40.

Shoe repair shop.

41.

Shrubbery, growing and sales.

42.

Dwelling, cluster.

43.

Dwelling, single-family detached.

44.

Dwelling, single-family attached.

45.

Dwelling, condominium.

46.

Dwelling, loft residential.

47.

Dwelling, patio.

48.

Dwelling, townhouse.

49.

Flex space unit.

50.

Any other retail, service or office use determined by the zoning administrator to be consistent and compatible with the uses set forth herein.

B.

The following principal uses are permitted as special exceptions in VN Districts:

1.

Church, synagogue, chapel or other place of religious worship including educational building, parsonage, church-related nursery or kindergarten, and other related uses meeting the following development standards:

a.

The maximum floor area of the church and associated uses shall be ten thousand (10,000) square feet;

b.

The lot may not exceed one (1) acre;

c.

All buildings must be located at least twenty (20) feet from any side or rear property line;

d.

No additional approval shall be required for the expansion or modification of any facility, as defined in this section, which existed as of September 5, 2005 on the property on which it is presently located;

e.

Churches must occupy a separate building or structure;

f.

Parking shall be located to the rear and side of the structure; and

g.

The church structure must be consistent with the architectural design used in the village node.

2.

Day care center meeting the following development standards:

a.

Compliance with the rules promulgated by the Georgia Department of Human Resources where applicable.

3.

Gasoline service station that meets the following development standards:

a.

All canopy structures, including underground storage tanks, must be placed at least thirty (30) feet from any property line;

b.

Must be placed on a corner lot or on a tract which includes a corner lot;

c.

Curb cuts must be located at least fifteen (15) feet from the intersection of street lines;

d.

Must meet architectural design standards of the VN district, including the canopy.

4.

Hotel.

5.

Any use identified in Section 1703A(A) exceeding thirty thousand (30,000) square feet.

6.

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)(i-v) 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).

7.

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.

With the exception of an access driveway, a buffer, as provided in Section 405 of this ordinance, must be maintained along the front, side and rear property lines.

8.

Dwelling, multiple family, provided that:

a.

The total number of multiple family dwelling units may not exceed twenty (20) percent of the total number of residential dwellings developed within the village node;

b.

Multiple family dwellings may not be developed in the village node unless the total acreage in the village node exceeds thirty (30) acres; and

c.

For purposes of the village node located on Georgia Highway 155, residential dwellings constructed within Heron Bay shall be deemed residential dwellings in the village node.

d.

For purposes of the Village Node located on Jordan Hill Road at its intersection with Baptist Camp Road, residential dwellings constructed within Sun City Peachtree shall be deemed residential dwellings in the village node. The number of multi-family dwellings shall not exceed one hundred (100).

e.

Multiple family dwellings may be restricted to residents over the age of fifty-five (55) years in accordance with the federal Fair Housing Act and Housing for Older Persons Act, 42 U.S.C. § 3601, et seq. and the Georgia Fair Housing Act, O.C.G.A. § 8-3-200, et seq.

9.

Dwelling, two family.

10.

Senior independent living facility.

11.

Personal care home, commercial district, as defined in section 202(BBB 1 ) that meets the following criteria:

a.

Minimum lot size: As required by section 1705A(F);

b.

Compliance with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 126 et seq.;

c.

Compliance with the requirements of all regulations of the Georgia Department of Community Health governing the operation of a personal care home pursuant to Georgia Rules and Regulations Chapter 111-2-2;

d.

Certificate of inspection and approval by the fire marshal and building inspector;

e.

No more than two (2) residents may occupy a single bedroom;

f.

Issuance of a business license for the operation of the facility by Spalding County.

12.

Nursing home.

13.

Mini-warehouses/self-storage facility meeting the following development criteria:

a.

Located outside of any flood hazard area;

b.

Located at least one hundred (100) feet from any public road or dwelling; and

c.

Screened from any public road or dwelling.

C.

The following accessory uses are permitted in VN districts:

1.

Those determined by the administrative officer to be customarily appurtenant to those uses permitted in this district.

2.

Tower, domestic or antenna, domestic.

3.

Shipping container, temporary.

4.

Mobile food service unit, temporary.

D.

The following accessory uses are permitted as special exceptions in VN districts:

1.

None.

E.

All accessory uses must meet the following standards:

1.

They must be located in the rear yard.

2.

They must be located at least five (5) feet from any property line.

3.

They may not be located in any front or side yard.

4.

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 VN districts by this section are specifically prohibited.

(Res. No. A-05-16, § 1, 9-19-05; Res. No. A-09-09, §§ 1—9, 1-11-10; Res. No. A-19-02, § 24, 4-15-19; Res. No. A-20-10, §§ 13, 14, 2-15-21 ; Ord. No. 2022-007, § 11, 10-3-22)

Sec. 1704A. - Development review and approval process.

A.

Pre-application concept conference/review.

1.

Prior to filing an application for a VN zoning district, the applicant shall confer with the administrative officer or his designee in order to review the general character of the planned development (on the basis of tentative land use sketch) and to obtain information on development standards and ordinances affecting the proposed planned development.

2.

Before an application is accepted, the applicant shall submit a preliminary concept plan for review by the community development department.

B.

Plan submittal and review:

1.

With the application for rezoning, the applicant shall submit a concept plan for the Village Node. Said plan shall, at a minimum show the following information:

a.

Planned development name;

b.

The owner and developer of the property;

c.

Architect, engineer or planner who designed the plan;

d.

Location or orientation map of the property;

e.

Legal description of the parcel;

f.

Date, scale, north arrow;

g.

Total acreage of tract;

h.

Topography at ten-foot contour intervals;

i.

Proposed land use and net acreage in each type;

j.

Proposed street layout;

k.

Proposed parking plan showing the number of spaces, whether they are proposed and on-street or off-street spaces, and calculations justifying the number of spaces provided;

l.

Proposed lot layout;

m.

Proposed buffers, open space, common space and natural environmental features such as surface drainage and open water;

n.

General location of proposed buildings to be used for commercial, recreation, or public facility uses;

o.

Proposed building elevations of typical buildings;

p.

Proposed phases of development within the village node which must provide for the proportionate development of single-family dwellings, townhouses or condominiums, commercial/flex units and (if approved as a special exception) multiple family dwellings.

2.

The department shall coordinate review of the plan and associated documents and provide a report to the planning commission which will either be a part of or separate from the rezoning report.

D.

Concept plan approval: The concept plan shall be reviewed by the planning commission and approved by the board of commissioners during the rezoning process.

(Res. No. A-05-16, § 1, 9-19-05)

Sec. 1705A. - Development standards for VN districts.

A.

Dwelling, single-family detached:

1. Minimum front yard: Five (5) feet
 Maximum front yard: Fifteen (15) feet, twenty-five (25) feet on collector road
2. Minimum side yard: Ten (10) feet (between structures); twenty (20) feet (corner lot)
3. Minimum rear: Twenty-five (25) feet
4. Minimum road frontage: Forty (40) feet (alley access); fifty (50) feet (driveway), thirty-five (35) feet (cul-de-sac)
5. Minimum lot width: Forty (40) feet (alley access); fifty (50) feet (driveway)
6. Minimum square footage: One thousand, five hundred (1,500) square feet
7. 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 limitations stated does not apply to projections not intended for human habitation.
8. Access: Rear alleyway or parking driveway designed to accommodate at least two (2) vehicles.

 

B.

Dwelling, townhouse:

1. Minimum front yard: Five (5) feet
 Maximum front yard: Fifteen (15) feet
2. Minimum side yard: Zero (0) feet (between dwellings); twenty (20) feet (between buildings)
3. Minimum units per building: Ten (10) (ground floor)
4. Minimum rear yard: Twenty-five (25) feet
5. Minimum road frontage: Twenty-four (24) feet per dwelling unit
6. Minimum square footage: One thousand (1,000) square feet
7. 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 limitations stated does not apply to projections not intended for human habitation.
8. Access: Rear of town home.

 

C.

Flex units:

1. Minimum front yard: Five (5) feet
2. Maximum front yard: Fifteen (15) feet
3. Minimum side yard: Zero (0) feet (between units); twenty (20) feet (between buildings)
4. Maximum units per building: Ten (10)
5. Minimum rear yard: Twenty-five (25) feet
6. Minimum road frontage: Twenty-four (24) feet per unit
7. 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 does not apply to projections not intended for human habitation.

 

D.

Dwelling, multiple family/dwelling, condominium:

1. Minimum front yard: Five (5) feet
 Maximum front yard: Fifteen (15) feet
2. Minimum side yard: Zero (0) feet (between dwelling); twenty (20) feet (between buildings)
3. Maximum units per building: Twenty-four (24)
4. Minimum rear yard: Twenty-five (25) feet
5. 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 does not apply to projections not intended for human habitation.

 

E.

Non-residential:

1. Maximum front: Ten (10) feet (Sidewalk must extend to the building foundation)
2. Side: Zero (0) feet (between units); twenty (20) feet (between buildings)
3. Rear: Zero (0) feet
4. Minimum road frontage: Twenty (20) feet
5. 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 does not apply to projections not intended for human habitation.

 

F.

Common space: A minimum of seven hundred fifty (750) square feet for each residential dwelling unit or flex unit.

1.

Allowed uses within common space:

a.

Parks (active and passive).

b.

Walking trails.

c.

Greenspace.

d.

Public art.

e.

Playgrounds.

f.

Gazebos.

g.

Fountains.

h.

Swimming pools.

i.

Putting greens.

2.

A central park area shall be required in the center of the commercial and/or flex unit area of the village node which complements the use of the commercial/flex units and provides for a central location for community activities.

3.

The common space must be dispersed throughout the village node, with no more than twenty (20) percent of the total common space contained within the village node being concentrated in any one (1) location.

4.

Common space shall also include a landscaped divided lane traffic entrance into the village node from the state highway or county collector street.

G.

Residential architecture:

1.

Dwelling/single-family; dwelling/town home:

a.

Traditional architectural design: Traditional vernacular architectural design is required. Each house within the subdivision must be built with at least three (3) of the following:

i.

Authentic exterior siding, i.e. wood or wood appearing;

ii.

Minimum ten (10) feet ceilings on ground floor (with the exception of powder rooms, restrooms utility rooms, pantries and closets;

iii.

Minimum eight (8) feet depth front porches extending at least sixty (60) percent of the width of the facade of the house;

iv.

Foundations or slab above grade (to make the appearance of a crawlspace) or crawlspace;

v.

Victorian gingerbread detailing;

vi.

Widows walks;

vii.

Bay windows or turrets;

viii.

Decorative gable vents and gables;

ix.

Entrance porticos;

x.

Greek revival columns;

xi.

Decorative window pediments;

xii.

No vinyl siding.

b.

Country club: The architectural design must include at least three (3) of the following:

i.

Minimum three-side brick, stone, stucco or hardy plank for Dwelling, single-family; facade brick, stone or stucco for Dwelling, town home;

ii.

Porticos;

iii.

Transom windows;

iv.

Detailed balusters and pediments;

v.

Masonry chimneys or quoins.

H.

Multiple family/condominium architecture:

1.

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.

Completely enclosed staircases and stairwells;

c.

Construction framing on sixteen-inch centers for wall studs;

d.

Suitable exterior materials shall include brick, stone, stucco, hardy plank facade or vinyl siding with a minimum .44 mil thickness;

e.

Decorative gables and vents;

f.

Minimum roof pitch with an increase of 5 feet in height for horizontal run of 12 feet; flat roof design may be considered by the Zoning Administrator for approval on a case by case basis;

g.

Balconies, patios or sunrooms/screened porches;

h.

Fireplaces;

i.

Washer/drying connections in each dwelling unit.

I.

Commercial/flex unit architecture: All structures including all building elevations located within the VN shall be construed utilizing a consistent and unified design and which contains architectural design elements including, but not limited to, the following:

a.

Canopy, awnings or porticos;

b.

Arcades, archways;

c.

Outdoor patios;

d.

Display windows-decorative window;

e.

Architectural details (such as decorative tile or brickwork) integrated into the building facade;

f.

Integrated planters or wing walls that incorporate landscape and/or sitting areas;

g.

Articulated cornice line;

h.

Peaked roof form;

i.

Accent materials (min fifteen (15) percent of facade) (keystones, window pediments, functioning shutters, wrought iron railing, transoms);

j.

Other architectural features as approved with rezoning;

k.

All structures shall be constructed of a minimum eighty-five (85) percent masonry (brick, stone) coverage, exclusive of windows and doors.

J.

Streetscaping:

1.

Single-family residential:

a.

Minimum six (6) feet landscape strip between curb and sidewalk.

b.

Minimum one (1) two-inch caliper tree within the landscape strip for every residential lot.

c.

Minimum one (1) two-inch caliper tree within the front yard of every residential lot offset with the tree in the landscape strip.

d.

Decorative street lights compatible with the architectural character of the neighborhood as shown in Appendix A.

e.

Other streetscaping as approved by the board of commissioners.

f.

Unified mailbox design compatible with the architecture of the neighborhood.

2.

Multiple family residential/condominium residential:

a.

Minimum four-foot landscape strip between curb and sidewalk.

b.

Other streetscaping as approved by the board of commissioners.

c.

Minimum one (1) two-inch caliper tree for every fifty (50) feet in landscape medians.

d.

One park bench for every two hundred (200) feet of linear road frontage.

e.

Decorative street lighting compatible with the architectural character of the neighborhood as shown in Appendix A.

3.

Commercial/flex space units:

a.

Minimum one (1) two-inch inch caliper street tree for every fifty (50) linear feet of road frontage planted within the sidewalk (tree grate).

b.

Minimum one (1) two-inch caliper tree for every fifty (50) feet in landscape medians.

c.

One park bench for every two hundred (200) feet of linear road frontage.

d.

Decorative street lighting compatible with the character of the neighborhood as shown in Appendix A.

K.

Parking:

1.

Required number of spaces: The village is to be a pedestrian oriented development. As such the parking standards below are meant to be the minimum and maximum number of off street parking spaces that must be provided within the development. Sharing of parking spaces is encouraged where uses have off-peak parking demand. Off street parking spaces can be shifted to on-street parking only with approval by the board of commissioners.

a.

Dwelling, single-family detached: Rear alleyway access: 1.5 spaces for every unit. Parking within garages shall not be counted toward the total number.

b.

Dwelling, single-family detached: Driveway access: driveway constructed with twenty-foot paved apron. Parking within garages shall not be counted toward the total number.

c.

Dwelling, townhouse, condominium, loft or multiple-family: One and one-half (1.5) spaces for every unit. Parking within garages shall not be counted toward the total number.

d.

Commercial/flex unit: One (1) space for every five hundred (500) feet or fraction thereof.

e.

Senior independent living facility: 1.5 spaces per unit

f.

Congregate personal care home: 0.35 spaces per unit

g.

Nursing home: 0.35 spaces per unit.

2.

Commercial/loft/flex unit parking design criteria:

1.

All off-street parking shall be located to the side and rear of all buildings.

2.

All on-street parking spaces, located adjacent to the front property line shall be counted toward the number of required spaces.

3.

All parking spaces shall have minimum dimensions of 9.5 feet in width × eighteen (18) feet in length.

4.

Internal driveways shall have a minimum width of fourteen (14) feet for one-way traffic and twenty-four (24) for two-way traffic.

5.

Landscaped island required for every ten (10) linear parking spaces.

(Res. No. A-05-16, § 1, 9-19-05; Res. No. A-08-09, §§ 1, 2, 7-7-08; Res. No. A-08-10, § 1, 7-7-08; Res. No. A-09-09, §§ 10—15, 1-11-10)

Sec. 1706A. - Other development standards in the Village Node District.

A.

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, moved or structurally altered unless in conformity with all the regulations specified for the Village Node District.

B.

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

C.

Open/common space not to be encroached upon: No common or open space within the Village Node District may be encroached upon or reduced in any manner except in conformity with the requirements and standards in this zoning district. Shrubbery, driveways, retaining walls, fences, curbs and buffers (See: Definition in Article 2) are not considered to be encroachments into common or open space. Open/Common Space areas as required by this ordinance must be permanently maintained as open/common space in accordance with the requirements of this ordinance.

D.

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

E.

Physical design standards: Minimum design standards for driveways, loading areas and other such physical site improvements are contained in Appendix A, Spalding County Subdivision Ordinance. Consult that document for specific requirements.

F.

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 Parking and Service Facilities (Appendix G).

G.

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

H.

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

I.

Conflict: In the event of a conflict between the requirements of this article and any other provision of the Spalding County Unified Development Ordinance or any appendix thereto, the more restrictive provision shall control.

(Res. No. A-05-16, § 1, 9-19-05)