The AAR district is established to provide for the development of varied housing options for active adults typically over age fifty-five (55) and restricted in accordance with the federal Fair Housing Act and the 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. The development focus in AAR encourages an active adult and senior lifestyle. Development of communities in the AAR district must be of sufficient size to accommodate a variety of residential dwelling types, significant amenities and open space which, when taken together, contribute to an enhanced lifestyle. Limited commercial development, principally community retail and service uses, shall be allowed within the community to serve the residents of AAR districts. However, residential uses must predominate within the AAR community. All development within the AAR district must be comprehensively planned as a unitary development which meets these development goals. The development plan must be sufficiently detailed to insure Spalding County that all residences and accompanying amenities are developed pursuant to a logical and coherent plan from beginning to completion. All development within AAR must be served by public sewer.

(Res. No. A-05-26, § 1, 2-6-06)

The official map (section 2301 of this ordinance) shows the boundaries of all AAR districts within Spalding County. Article 23 also contains additional information regarding interpreting district boundaries, amending boundaries, etc.

(Res. No. A-05-26, § 1, 2-6-06)

A.

The following principal uses are permitted residential uses in AAR districts:

1.

Dwelling, cluster;

2.

Dwelling, single-family detached;

3.

Dwelling, single-family attached;

4.

Dwelling, condominium;

5.

Dwelling, patio;

6.

Dwelling, townhouse.

B.

The following principal uses are permitted commercial uses in AAR districts, provided that such use:

i.

Must be located within the development in a specific area(s) designated for commercial uses;

ii.

Must not exceed one (1) percent of the total land area within the development; and

iii.

No individual commercial use allowed herein shall exceed three thousand, five hundred (3,500) square feet of space (unless specifically set forth separately below).

1.

Animal hospital.

2.

Art studio.

3.

Bakery.

4.

Bank or financial institution.

5.

Barber/beauty shop.

6.

Catering service.

7.

Clinic.

8.

Clothing store.

9.

Crafts.

10.

Cultural facility, library or museum.

11.

Dance school or studio.

12.

Day spa/therapeutic massage clinic.

13.

Dental laboratory.

14.

Dental office (maximum ten thousand (10,000) sq. ft. of floor area).

15.

Driving range.

16.

Dry cleaners.

17.

Dry goods store.

18.

Florist shop.

19.

Food store.

20.

Garden materials, growing and sales.

21.

Gift shop.

22.

Government building, local, federal or state.

23.

Home occupation, minor.

24.

Indoor amusement or recreational activities.

25.

Library.

26.

Medical office (maximum ten thousand (10,000) sq. ft. of floor area).

27.

Messenger service.

28.

Music teaching studio.

29.

Office equipment and supplies.

30.

Photography studio.

31.

Pharmacy or apothecary.

32.

Professional office: Maximum ten thousand (10,000) sq. ft. of floor area.

33.

Restaurant.

34.

Shoe repair shop.

C.

The following principal uses are permitted as special exceptions in the AAR District. Uses not outlined below are specifically prohibited. Permitted uses are as follows:

1.

Church, synagogue, chapel or other place of religious worship including education 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 real property line;

d.

Churches must occupy a separate building or structure;

e.

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

f.

The church structure must be consistent with the architectural design used in the active adult neighborhood.

2.

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).

3.

Utility substation meeting the following development standards:

a.

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

D.

The following accessory uses are permitted in the AAR district:

1.

Private garage or carport.

2.

Structure for the storage of equipment and supplies used in maintaining the principal building and its grounds. Residential storage structures not to exceed eight (8) ft. in height and six hundred (600) sq. ft. Residential storage structures to be finished in the same material and colors as principal building.

3.

Residential garden.

4.

Deck, patio or other such facility.

5.

Reserved.

6.

Antenna, domestic.

7.

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.

8.

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

9.

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 systems 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 systems may be approved for the temporary construction office facility.

iv.

Upon certification of the administrative officer that the water and sewage systems have been properly installed according to the approved plans, the owner shall, pursuant to the building permit issued in section 1714B(4) 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 six hundred fifty (650) units.

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 sixty (60) months, whichever occurs first. For non-residential construction, the permit will expire on the date that a certificate of occupancy for the structure is issued or after twenty-four (24) months, whichever occurs first.

iv.

In the event that the construction of the residential subdivision or non-residential 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 officer, at his/her discretion, may extend the permit for periods of up to twenty-four (24) 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 construction office facility must cease.

d.

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, whichever is earlier.

10.

Home occupation, minor.

11.

Shipping container, temporary.

E.

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

1.

None.

F.

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.

5.

No accessory use shall be built until construction of the principal building has commenced.

6.

Such accessory uses shall be located on the same lot as the principal use to which it is accessory.

G.

All uses not specifically permitted within the AAR district are specifically prohibited.

(Res. No. A-05-26, § 1, 2-6-06; Res. No. A-09-02, § 11, 3-16-09; Res. No. A-11-03, § 10, 7-18-11; Res. No. A-19-02, § 25, 4-15-19)

A.

Plan submittal and review: Each application to rezone property to the AAR district shall be accompanied by a site specific development plan. The review process for the development plan shall be the same as set forth in section 1704(A), (B(a—g)), (C), (D(1—2)). If granted, rezoning to the AAR district shall be conditioned upon the development plan, with the reservation of the authority to Spalding County to require any additional requirements as may be set forth in an accompanying development agreement, if required.

1.

Revision of development plan:

a.

Flexibility to allow minor modifications to the development plan by the administrative officer after approval has been granted shall be permitted. Modifications of the development plan shall be provided to the administrative officer. Applicant is required to confirm with the administrative officer for a determination on whether approval by the planning commission and board of commissioners is required. For purposes of this section, the following modifications to the development plan will be deemed minor and may be approved by the administrative officer:

i.

Modification of the location and mix of residential product type within the overall project, provided the maximum residential density of the plan is not increased and the percentage mix of units as established as a condition of zoning, does not change by more than ten (10) percent;

ii.

Modification of road layout within residential development pods; or

iii.

Modification of the location of open space provided there is no reduction of the total amount of open space.

b.

Changes to the development plan that require approval by the planning commission and the board of commissioners shall include, but not be limited to:

i.

Increase in right-of-way acreage exceeding ten (10) percent;

ii.

Any increase to commercial acreage or floor space;

iii.

Any increase to the residential density of the development;

iv.

Modification or relocation of the development's central transportation pattern;

v.

Modification or relocation of sanitary sewer plant and spray fields; or

vi.

Any decrease in the amount of open space.

2.

Reversion of zoning approval: If no construction has begun within two (2) years after the approval of the board of commissioners, the zoning approval can be withdrawn by the board of commissioners. Ninety (90) days prior the end of the two-year period of approval, the owner shall notify the administrative officer and board of commissioners in writing of the approaching deadline and the administrative officer shall schedule a public hearing before the planning commission and board of commissioners, according the procedures outlined in section 414 of the Spalding County Unified Development Ordinance, to determine whether an extension may be granted or if the zoning of the property should be amended. The board of commissioners, at its discretion and for good cause, may extend for one (1) additional year the period for beginning construction.

3.

Subdivision approval: Site development regulations, specifications and procedures governing the platting of an AAR district development and plat approval procedures shall be in accordance with the Spalding County Unified Development Ordinance, Subdivision Ordinance, Appendix A.

4.

Building permits and certificates of occupancy: The zoning administrator/building official shall issue building permits for buildings and structures in the development if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations. A certificate of occupancy shall be issued for any completed building or structure if it conforms to the requirements of the approved development plan and all other applicable regulations.

(Res. No. A-05-26, § 1, 2-6-06; Res. No. A-06-13, §§ 1, 2, 12-18-06; Res. No. A-08-02, §§ 1, 2, 3-17-08)

A.

Dwelling, single-family detached:

B.

Dwelling, townhouses:

C.

Residential architecture: Traditional Victorian or craftsman architectural design is required. Vinyl siding and vinyl shake are not permitted. Each house within the subdivision must be built with at least three (3) of the following:

1.

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

2.

Dwelling units must be constructed with a minimum twenty-five (25) percent of the front facade being brick, stucco, stone or non-vinyl shake;

3.

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

4.

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

5.

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

6.

Craftsman style or Victorian detailing;

7.

Widows walks;

8.

Bay windows or turrets;

9.

Decorative gable vents and gables;

10.

Entrance porticos;

11.

Greek revival columns; and

12.

Decorative window pediments.

D.

Commercial, retail, office:

E.

Amenity areas, common space and open space:

1.

Definitions:

a.

Amenity: Any and all structures, including recreational facilities, located within the community which are designed and intended for the common use and enjoyment of all residents.

b.

Common space: Any and all landscaped areas within the community which do not have any building with heated floor area located thereon which are intended for the common use and enjoyment of all residents.

c.

Open space: Any and all areas within the community which are left in a natural, undisturbed state and are intended for the common use and enjoyment of all residents.

2.

Required amenities:

a.

Community center: A community center of a minimum size of three thousand (3,000) square feet or five (5) square feet per dwelling (whichever is greater) which must provide space for at least ten (10) of the following activities or events:

i.

Community room and accompanying kitchen;

ii.

Swimming pool, minimum surface area three thousand, one hundred fifty (3,150) square feet;

iii.

Spa (indoor or outdoor);

iv.

Arts and crafts facilities;

v.

Meeting rooms;

vi.

Health/wellness center;

vii.

Fitness equipment or weight room;

viii.

Exercise room and/or gymnasium;

ix.

Computer lab;

x.

Billiard room;

xi.

Library;

xii.

Lounge;

xiii.

Theatre and/or amphitheatre;

xiv.

Adult learning center;

xv.

Aerobics, yoga or pilates studio;

xvi.

Multi-purpose room (equipped with dividers);

xvii.

Jogging tract (indoor or outdoor);

xviii.

Instructional cooking kitchen or area;

xix.

Restaurant;

xx.

Music room;

xxi.

Basketball/volleyball court(s);

xxii.

Racquetball/squash court(s);

Other uses for the community center may be proposed by the developer either in substitution or addition to the uses specified herein. The administrative officer shall determine whether such uses are consistent with the intent of this ordinance and satisfy the uses intended for the community center.

b.

Common storage facility: A paved or concrete storage facility for boats, travel trailers and/or vehicles of residents. The common storage facility:

i.

Must not be located in a flood hazard area;

ii.

Cannot be of a size exceeding ten thousand (10,000) square feet for each three hundred (300) dwellings or prorated equivalent thereof;

iii.

Must be located at least one hundred (100) feet from any arterial or collector road;

iv.

Must be screened from view from any public road, provided that if existing vegetation is insufficient to screen the view of the storage facility from the road, additional landscaping shall be required.

3.

Optional amenities:

a.

The community must be developed with at least one (1) of the following amenities:

i.

Public or private golf course, consisting of:

a)

Minimum 18-hole course;

b)

Driving range;

c)

Putting greens;

d)

Clubhouse, minimum ten thousand (10,000) square feet, provided that a temporary structure or facility may be used as a clubhouse for a period not exceeding twenty-four (24) months) while a permanent facility is under construction.

ii.

Lake(s), developed in a manner in which the bodies of water form the central amenity around which the community is developed in the same manner as a golf course.

b.

The community must be developed with at least three (3) of the following amenities:

i.

Swimming pool, consisting of:

a)

One pool, minimum surface area of eight hundred (800) square feet.

b)

Changing area, cabana and restrooms.

c)

A pool which is a part of a community center shall satisfy this requirement.

ii.

Tennis courts (minimum one (1) court for each three hundred (300) dwellings).

iii.

Bocce ball/lawn bowling area

iv.

Walking, bicycle and/or golf cart trails

v.

Commercial grade large playground in compliance with Spalding County standards.

4.

Common/open space: Common space and/or open space shall consist of at least thirty (30) percent of the total acreage within the development. The following amenities may be developed within common space and/or open space: golf course, lakes, hiking, bicycle and golf cart trails. Spray fields may be developed within common space and/or open space, provided that the effluent is treated to tertiary level as defined by the Georgia Department of Natural Resources.

(Res. No. A-05-26, § 1, 2-6-06; Res. No. A-08-17, §§ 1, 2, 8-28-08)

A.

Minimum tract size: One hundred (100) acres.

B.

Maximum overall density: 2.75 units per net buildable area. However, the overall density of a development may be reduced due to topography, drainage, deforestation or sediment and erosion concerns.

C.

Compliance with Fair Housing Act: The development must be limited in accordance with the federal Fair Housing Act and the federal 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. to require that at least eighty (80) percent of all dwellings within the development must be occupied by at least one (1) person who is over the age of fifty-five (55), and that no individual under the age of nineteen (19) may be a permanent resident.

D.

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 not be enforced by the county. 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.

Compliance with the federal Fair Housing Act and the 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. allowing the restriction of residents to those age fifty-five (55) or older.

E.

Limitation on adjoining units: No more than four (4) units may be attached side by side.

F.

Arterial/collector roads: Developments in the AAR district must be located on arterial or collector roadways, shown on the county thoroughfare plan.

G.

Pedestrian access: Development in the AAR district must provide pedestrian access to all amenities, common space, open space areas and roadways. Connectivity to public transit will be required when available.

H.

Condominiums: Any condominium projects developed in the AAR district shall be subject to the Georgia Condominium Act, as may be amended from time to time.

I.

Impervious surfaces: Impervious surface shall not exceed thirty-five (35) percent of the total acreage within the development.

J.

Accessibility standards: Projects must incorporate applicable accessibility standards to include at least one (1) full bath on the ground floor and a bedroom on the main floor.

K.

Lighting: Any lighted facility must be designed in a way to prevent direct light from being cast upon adjacent properties or adjacent rights-of-way. The administrative officer will approve a lighting plan in accordance with this requirement.

L.

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 AAR District.

M.

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

N.

Open/common space not to be encroached upon: No common or open space within the AAR 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 and requirements in Article 4) are not considered to be encroachments into common or open space. Common space and open space must be permanently maintained.

O.

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.

P.

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

Q.

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).

R.

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

S.

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, this article shall control.

(Res. No. A-05-26, § 1, 2-6-06)

A.

An overall landscape plan must be approved by the administrative officer. Any property within an AAR district which abuts a residential or agricultural zoned property, shall have a minimum fifty-foot landscaped screening or maintained natural buffer, adjacent to all property. Minimum buffers may be adjusted by the board of commissioners based on existing conditions such as tract size and topographic conditions in order to provide compatibility with adjacent residential uses. The buffer shall be subject to approval by the administrative officer. Required buffers may be included within required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Additionally, necessary private or public utilities and/or access drives may be allowed through, over or across a landscaped buffer. Any such uses which are proposed through, over or across a designated, undisturbed buffer must be approved pursuant to an original site plan or site plan modification.

B.

Undisturbed buffers, planted landscape and maintained natural buffers shall be implemented in connection with a permitted project and shall address the following objectives:

1.

Screening to enhance aesthetic appeal;

2.

Control or direction of vehicular and pedestrian movement;

3.

Reduction of glare;

4.

Buffering of noise; and

5.

Establishment of privacy.

C.

Landscape buffers are subject to review and approval by the administrative officer in accordance with the following standards:

1.

Plantings are to be a mix of evergreen and deciduous trees and shrubs;

2.

Species are to be ecologically compatible to the site and appropriate for design situation;

3.

Unless public safety concerns dictate otherwise, buffers should maximize visual barrier to a height of six (6) feet within two (2) years of planting;

4.

Minimum size of plant materials at installation is to be five (5) feet for coniferous trees and two-inch caliper for deciduous trees; three (3) gallon pot size for shrubs;

5.

Fencing or walls are to be maximum six (6) feet in height;

6.

Buffers shall be regularly maintained by the property owner or homeowners association;

7.

When topography and existing conditions allow, the required buffer should be an undisturbed buffer; and

8.

Any appeals from a determination by the administrative officer shall be to the board of zoning appeals.

D.

Any development must meet all state and federal requirements relating to flood plains and wetlands. The board of commissioners encourages preservation of wetland areas.

E.

Streetscape requirements:

1.

A minimum six-foot landscape strip is required between the curb and sidewalk.

2.

Landscape strip shall allow only trees from the following species list:

i.

Japanese Zelkovas;

ii.

Chinese Elms;

iii.

Princeton American Elms;

iv.

Dura Heat River Birch;

v.

Washington Hawthorne;

vi.

Trident Maple;

vii.

Lacebark Elm.

3.

A minimum of one (1) two-inch caliper tree within the front or rear yard per lot.

4.

A minimum of two (2) two-inch caliper trees on each corner lot.

5.

Decorative street lights compatible with the architectural character of the neighborhood.

6.

Unified mailbox design compatible with the architecture of the neighborhood.

7.

Other streetscaping as approved by the board of commissioners.

(Res. No. A-05-26, § 1, 2-6-06; Res. No. A-19-01, §§ 9, 10, 3-18-19)

A.

Residential: All residential units must have an attached garage. Conversion of the garage space to living space, without providing the required garage parking space is not permitted. Driveways must provide for two (2) cars to be parked without encroachment onto the sidewalk.

B.

Commercial: All off-street parking shall be provided to the side and rear unless specifically approved otherwise. See Appendix G for specific parking, loading and unloading requirements.

(Res. No. A-05-26, § 1, 2-6-06)