The planned unit development is designed to:

(1)

Encourage the development of tracts of land as planned neighborhoods, communities, or mixed-use developments;

(2)

Encourage flexible and creative concepts in site planning in cooperation with the board of commissioners;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open areas within residential areas, while at the same time, supporting the growth of the community through proper planning and procedure;

(4)

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the other articles of this chapter;

(5)

Provide for the efficient use of land resulting in smaller networks of utilities and streets and thereby lower development and housing costs;

(6)

Provide an environment of stable character compatible with surrounding residential areas;

(7)

A particular emphasis to PUD zoning designations is given to the areas of the county in which utilities have been placed for future growth, including along the Toccoa Bypass.

(Ord. No. 2024-17, 7-23-2024)

(a)

A planned unit development must contain a minimum of five contiguous acres.

(b)

A planned unit development is to be planned, developed, operated, and maintained as a single entity (whether by a single owner or under unified control) containing one or more structures to accommodate residential and commercial uses, or an appropriate mix thereof, and appurtenant common areas and other uses incidental to the predominant uses.

(c)

All planned unit developments shall meet the following standards:

(1)

The development shall be compatible with the topography of the land and shall preserve any unusual natural features.

(2)

The development shall not adversely affect developed or undeveloped neighboring properties.

(3)

The development shall utilize design features that would not be possible under traditional, euclidean-style zoning regulations.

(4)

The development shall have adequate and properly arranged vehicular and pedestrian traffic access, convenience, safety, and design.

(5)

The development shall have sufficient and properly arranged off-street parking and loading.

(6)

The development shall preserve all architectural, scenic, historic, or natural areas currently existing within the bounds of the property.

(7)

Water, sewer, stormwater management, electrical, and gas service, existing and proposed streets, schools, and other public facilities shall be adequate for the development or there shall be a definite proposal for making them so.

(8)

The development shall be included within private deed covenants running with the land to assure continuance of the development in accordance with the approved plans.

(9)

Any changes from the plans at any time must be reviewed by the planning department and approved by the board of commissioners before project implementation.

(Ord. No. 2024-17, 7-23-2024)

(a)

An applicant shall file a petition within the county planning department for approval of a planned unit development. This application shall be supported by a development plan and written summary of intent, and shall show the relation between the proposed development and the surrounding area, both existing and proposed. The site plan shall be prepared by a competent designer and shall be of sufficient detail to ensure compliance with this section. In addition, the applicant shall submit other necessary information to ensure compliance with the provisions of this chapter. Any special studies recommended or required by county staff shall also be provided.

(1)

The proposed planned unit development may depart from strict conformance with the requirements of zoning and subdivision requirements to the extent specified in the master development plan and documents authorizing the development so long as tangible benefits are provided to the neighborhood or community in which it is located. These benefits shall be in the form of provisions of exceptional amenities, design excellence, etc. Departure from any requirement specified in this article or other county ordinances and regulations is a privilege, and shall be granted only upon recommendation of the planning commission and approval by the board of commissioners, as applicable in this article. Requested variances from the zoning ordinance shall be listed out to ensure full clarity.

(b)

The written statement submitted with the development plan shall include the following information:

(1)

An explanation of the character of the proposed development, including a summary of the number of acres, the number of proposed dwelling units, and a statement which defines lot size, yard, and space requirements.

(2)

A general statement of the proposed development schedule.

(3)

A description of any agreements, provisions, and/or covenants which govern the use, maintenance, and protection of the development. The board of commissioners may require that certain uses and maintenance needs be addressed by any property operating under the PUD zoning designation.

(c)

Approval.

(1)

An application for approval of a planned unit development will be considered as a petition for rezoning and will be subject to the procedures established in the code of ordinances and under the State Zoning Procedures Act.

(2)

If the development plan is approved, the county will cause the official zoning map to be changed to indicate the planned unit development. If the plan is approved with modifications, the applicant shall file written notice of consent to the modifications and a properly revised site plan shall be filed with the county prior to changing the zoning map. No building permits shall be issued until the development plan has been approved as required by the land use ordinance of the county.

(Ord. No. 2024-17, 7-23-2024)

Upon approval of an amendment creating a planned unit development, the construction shall begin within two years, or if the applicant fails to maintain the approved development schedule, approval of the development plan shall lapse. At its discretion and for good cause, the county commission may extend the period for beginning construction for any phase of the project for up to one additional year. If the approval of a development plan lapses under this provision, the county shall cause the development to be removed from the official zoning map and shall reinstate the zoning district and regulations which were in effect prior to approval.

(Ord. No. 2024-17, 7-23-2024)

The uses permitted within a planned unit development shall be both residential and commercial and may include the following uses:

(1)

Single-family detached dwellings.

(2)

Duplexes and townhouses.

(3)

Multi-family dwellings.

(4)

Public and semi-public facilities to include community and club facilities.

(5)

Certain commercial or retail uses, including storefronts, offices, clinics, restaurants, gas stations, hotels, and other such facilities provided they meet the following criteria:

a.

The location is appropriate in relation to other land uses.

b.

The proposed use is designed so that it will primarily serve the planned development.

c.

Accessory uses to those listed above.

(Ord. No. 2024-17, 7-23-2024)

The maximum number of dwelling units per acre in residential areas of a planned unit development shall not exceed 15 dwelling units per acre. For the purpose of this section, density shall be interpreted as the number of dwelling units per gross acre devoted to residential development. Gross acreage shall include, in addition to land area and parcels used primarily for residential purposes, all open spaces included private lakes reserved for common usage. Gross acreage shall exclude areas reserved or dedicated for street rights-of-way. An overall higher density may be allowed provided the applicant can show that such higher density will not be detrimental to the surrounding neighborhood. Unless topographical or other barriers protect the privacy of existing adjoining uses, the county commission may impose one or both of the following requirements:

(1)

Structures or buildings located at the perimeter of the development shall be set back a sufficient distance to protect the privacy and amenities of adjacent existing uses.

(2)

Structures or buildings located at the perimeter of the development shall be permanently screened in a manner which sufficiently protects the privacy and amenities of the adjacent existing uses.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)