It is the intent of this section to:

1.

Encourage the development of large tracts of land as planned neighborhoods or communities.

2.

Encourage flexible and creative concepts in site planning.

3.

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

4.

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the ordinance.

5.

Provide for an 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.

Provide for a variety of land uses to be permitted, as approved by the mayor and town council, in an orderly relation to one another and to existing land uses, as well as with due regard to the comprehensive plan of the Town of Tallulah Falls.

1.

A planned unit development must contain a minimum area of ten (10) contiguous acres.

2.

The planning commission and the town council in their review of the proposed development plan shall consider:

a.

The proper relation between the proposed development and surrounding uses, and the consistency with the comprehensive plan for Tallulah Falls.

b.

The adequacy of existing and proposed streets, water, sewer, electrical, and gas service, and other public facilities to serve the development.

c.

The character, design, and appropriateness of the proposed land uses and their adequacy to encourage desirable living conditions. To provide separation and screening between uses where desirable to preserve the natural amenities of streams, wooded areas, and similar natural features.

d.

The adequacy of open space, play areas, and the recreation facilities provided for the needs of the development.

3.

Approval and recommendation of the planning commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed planned unit development will not adversely affect the property adjacent to the area included in the plan.

4.

Final approval of a planned unit development shall not be granted until the owner of the property gives written notice of his consent to the proposed development.

1.

Pre-application conference. Prior to filing a formal application for a planned unit development, the applicant is encouraged to confer with the staff of the planning commission in order to review the general character of the plan (on the basis of a tentative land use sketch if available), and to obtain information on projected programs and other matters.

2.

Development plan.

a.

An applicant shall file a petition with the administrative officer for approval of a planned unit development. This application shall be supported by a development plan and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both existing and proposed.

b.

The following information shall be presented:

(1)

A general location map.

(2)

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

(3)

The existing and proposed land uses and the approximate location of all buildings and structures.

(4)

The approximate location of existing and proposed streets and major thoroughfares.

(5)

The approximate location of all existing and proposed utilities, including a preliminary utility and drainage plan.

(6)

The present zoning pattern in the area.

(7)

A legal description of the subject property.

(8)

The location and use of existing and proposed public, semi-public, or community facilities such as schools, parks, and open area. This will include areas proposed to be dedicated or reserved for community or public use.

(9)

Perspective drawings of representative building types except for detached single-family dwellings and their accessory buildings.

(10)

If a proposed development creates special problems or involves unusual circumstances, additional information may 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 development and to and from existing streets and thoroughfares.

c.

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

(1)

A statement of the present ownership of all land within the proposed development.

(2)

An explanation of the character of the proposed development, including a summary of acres, dwelling units, and gross density by type of land use. The statement shall include minimum standards for flood area, lot size, yard and spacing requirements.

(3)

A general statement of the proposed development schedule and progression of unit division of staging.

(4)

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

d.

Approval.

(1)

An application for approval of a planned unit development will be considered administratively as a petition for rezoning, and will be subject to the procedures established in article XV of this ordinance concerning amendments.

(2)

After a public hearing and receipt of the planning commission's recommendations, the town council shall approve, disapprove, or conditionally approve the development plan.

(3)

If the development plan is approved as submitted, the administrative officer 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 administrative officer prior to changing the zoning map. The site plan and supporting information of any approved plan shall be properly identified and permanently filed with the administrative officer. No building permits shall be issued until the development plan has been approved by the town council.

3.

Building and occupancy permits. The administrative officer shall issue building permits for buildings and structures in the area covered by the approved development plan if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations. He shall issue a certificate of occupancy for any completed building or structure located in the area covered by the approved development plan if they conform to the requirements of the approved plan and all other applicable regulations.

4.

Revision of development plan. 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 shall be reviewed and approved by the town council following receipt of recommendations from the planning commission. A request for a revision of the development plan shall be supported by a written statement indicating the nature of the revision and an explanation concerning the necessity or desirability for revising the plan.

5.

Reversion of zoning approval. Approval of the town council shall be in effect for at least a two-year period. However, if no construction has begun within two (2) years after approval of the development plan, 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 town council may extend the period for beginning construction for any phase of the project for one (1) additional year. If the approval of a development plan lapses under this provision, the building or administrative officer shall cause the development to be removed from the official zoning map, file a notice of revocation with the recorded development plan, and reinstate the zoning district and regulations which were in effect prior to approval of the development plan.

The uses permitted within a planned unit development shall be primarily residential in character, and may include the following uses:

1.

Accessory uses and structures.

2.

Agriculture or horticulture subject to all other applicable regulations.

3.

Churches, schools, community or club facilities, and similar public or semi-public facilities, including recreational facilities subject to conditions set out in the R-I district concerning such uses.

4.

Commercial or retail uses, including offices and clinics provided that 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.

5.

Duplexes and townhouses.

6.

Multi-family dwellings.

7.

Public and semi-public buildings and uses.

8.

Single-family detached dwellings.

9.

Camping, provided that such activity is limited to personal use of camping equipment, camping accessories, or both, on private property by the property owner or by others with the property owner's permission and without the exchange of any form of compensation or remuneration. Camping as a permitted use hereunder shall not exceed seven consecutive days in duration or occur more than four times per calendar year. A minimum of 14 days is required between each camping period. Property on which camping is permitted shall be maintained in a clean and sanitary manner. All other uses or activities related to camping shall comply with all other provisions of the Town of Tallulah Falls Code of Ordinances or state law.

(Ord. of 12-5-2019, § 3)

1.

Group camp developments, with a minimum land area of ten (10) acres. Such development may include hotels, apartments, cabins, country clubs, trailer and tent accommodations, commercial boating facilities, and retail sales, providing such retail sales are incidental to the group camp activities; provided, however, that there shall be a minimum of 4,000 square feet of lot area for each dwelling unit or non-housekeeping accommodation and that there shall be not less than twenty (20) feet of open space between buildings; provided that such group camp developments are not used as permanent residential accommodations by any group or member of a group, excepting managers, night-watchmen, or other employees whose duties require permanent residence on the premises.

2.

Manufactured homes and modular homes on individual lots, but not including mobile home parks or manufactured home parks, or mobile homes.

3.

Static electrical transformer stations and gas regulator stations if essential for the service of the immediate area and subject to the following conditions: such uses shall be enclosed within a woven wire fence, shall be suitably landscaped, and the storage of vehicles and equipment on the premises shall be prohibited.

The maximum number of dwelling units per acre in residential areas of a planned unit development shall not exceed 5.5 dwelling units per acre. For purposes of this section, density shall be interpreted as the number of dwelling units per gross acre developed to residential development. Gross acreage shall include, in addition to land area and parcels used primarily for residential purposes, all open spaces including private lakes reserved for common usage within the planned unit development and held under individual, common, or collective ownership. Gross acreage for residential development shall exclude areas reserved or dedicated for street rights-of-way.

The town council may allow a higher overall density, or a higher density of a particular residential use provided the applicant can show that such higher density will not be detrimental to the surrounding neighborhood. The town council shall consider a variance to the required density only on a favorable recommendation from the planning commission.

Land area proposed for common open space may be allocated to detached single-family dwellings, duplexes, townhouses, and multi-family use area in proportion to the ratio of the area of each use to the total area of residential use, provided that open space acreage allocated to a use must be reasonably accessible to that use.

The location of all proposed structures shall be as shown on the development plan, subject to minimum lot size, setback lines, lot coverage or floor area, specified in the approved plan. The proposed location and arrangement of structures shall not be detrimental to existing or proposed adjacent dwellings or to the development of the neighborhood.

Unless topographical or other barriers protect the privacy of existing adjoining uses, the town council, upon recommendation of the planning commission, may impose one or both of the following requirements:

a.

Structures or buildings located at the perimeter of the development shall be set back a distance of at least one hundred (100) feet to protect the privacy and amenities of adjacent, existing uses.

b.

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.

1.

After completion of a planned unit development, the use of land and construction, modification or alteration of any buildings or structures within the area covered by the plan shall be regulated by the approved development plan.

2.

No changes may be made in the approved development plan except as provided below:

a.

Minor extensions, alterations, or modifications of existing buildings or structures may be permitted after review and approval by the building and zoning officer and the planning commission, provided they are substantially consistent with purposes and intent of the development plan.

b.

Substantial change in permitted uses, location of building or other specifications of the development plan may be permitted following public hearing and approval by the town council after receipt of recommendations from the planning commission.