(a)

This division provides the procedures and minimum requirements for a PUD conditional use approval to implement the goals of development and redevelopment, preserving the natural environment, encouraging high quality development through innovative design and ensuring adequate access to facilities and services.

(b)

It is intended that development in a PUD district be superior to that which would occur under conventional zoning regulations.

(c)

Developments occurring under this division should:

(1)

Have unique, flexible, creative and imaginative arrangements and mixes of land uses in site planning and development where the various land uses are complimentary to each other.

(2)

Develop tracts of land as single developments that promote self-contained communities including residential uses and civic, educational, recreational and/or other public and private facilities.

(3)

Preserve the natural amenities of the land through maintenance of conservation areas, open spaces and recreational facilities (i.e., baseball fields, soccer fields, gymnasium, etc.).

(4)

Provide for the more efficient use of land through clustering and other flexible, innovative development arrangements that will result in smaller networks of utilities and streets thereby lowering development costs and housing/commercial costs.

(5)

Provide for a more desirable living environment than would be possible through the strict application of conventional requirements.

(6)

Provide for slightly higher gross and net development densities and intensities as an inducement to develop in a manner consistent with the purposes of this article.

(7)

Ensure that the designs of building forms are interrelated and architecturally harmonious.

(Code 1991, § 22-185)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Development plan means a to-scale drawing of single and/or multifamily residential, institutional, office, commercial or industrial development, or some combination thereof, showing the general layout of a proposed development including, among other features, the location of buildings, parking areas, buffers and landscaping and open/recreational spaces. The development plan and related information form the basis for the approval or disapproval of the development of a PUD.

Planned unit development means a form of development characterized by a unified site design for a number of housing units, clustered buildings, common open/recreational spaces and a mix of building types and land uses.

(Code 1991, § 22-186)

Planned unit developments shall be permitted in all zoning districts excluding R-1A. Any use may be permitted in a PUD if said use is shown on the development plan and referred to in the PUD application and approved in accordance with this division. The permitted uses of property located in a PUD shall be proposed by the applicant and approved at the time the PUD application is approved if the proposed uses are consistent with the comprehensive plan and meet the criteria for approval specified in this section. The planning and zoning commission, in recommending approval of any PUD, may designate the maximum height, floor area and/or other restrictions on the development of such uses.

(Code 1991, § 22-187)

(a)

Dimensional. A planned unit development may depart from strict conformance with the required dimensions, setbacks, area, height, bulk, use and specific content regulations of the city's land use regulations to the extent specified in the PUD application if approved, so long as the PUD provides tangible benefits in the form of provisions of open/recreational space, amenities, superior design, etc.

(1)

Said benefits must be identified in accordance with the community benefit statement as provided for in this division. Departure from any requirements specified in this division and other city regulations is a privilege and shall be granted only upon approval by the city council after review and recommendation by the planning and zoning commission.

(2)

A PUD development plan shall not have to follow the regulations for the zoning district in which the development is located, unless otherwise provided in this section. There shall be no requirements for minimum lot size, minimum lot width, lot coverage, yards and building setbacks or height requirements that apply to a PUD unless said requirements are specified by planning and zoning or the city council at time of approval. Dimensional requirements shall be as proposed by the applicant and recommended for approval by the planning and zoning commission during the PUD application plan review process.

(b)

Minimum open space. A minimum of 20 percent of the total land area included within the PUD shall be open/recreational space, including active or passive recreation. This requirement can include open land which is otherwise unbuildable (i.e., floodplains and wetlands) so long as the applicant proposes appropriate improvements to these areas such as trails, ball fields, etc. Proposed PUDs within one-quarter-mile radius of an existing city park may calculate the existing park acreage in complying with this section so long as the applicant proposes direct pedestrian access to the park being utilized in complying with this section. In no case shall the level of service for the existing park fall below two acres per 1,000 persons within a one-quarter-mile circumference around park. This calculation shall be provided by the applicant at the time of the preapplication conference. Said pedestrian access shall comply with city standards for sidewalk construction. Where existing sidewalks provide access to and from the PUD, applicant shall review the city sidewalk inventory, a copy of which is on file in the planning department and propose improvements where the sidewalk inventory identifies "no sidewalk" or "needs improvement." Logical termini shall be proposed by the applicant in the PUD application and approved by the planning and zoning commission. Pedestrian scale streetlights shall be proposed by the applicant along the pedestrian corridor linking the PUD to the park. It is defined, unless otherwise approved by the planning and zoning commission, that the pedestrian corridor extends through the PUD at its widest width and connecting to the park.

(c)

Density. The minimum allowable density for residential components of PUDs shall be six dwelling units per gross acre of land devoted to residential uses. Within any PUD, a minimum of 30 percent of the total development site (excluding non-developable lands such as wetlands and floodplains) shall be designated on the development plan as residential use.

(Code 1991, § 22-188)

(a)

Comprehensive plan. Uses within the PUD shall be predominantly in accordance with the use recommendations and policies of the comprehensive plan.

(b)

Housing unit diversity. Where appropriate, the PUD should provide for more than just one type of dwelling unit, such as townhouses, duplexes and multifamily dwellings in addition to or in lieu of detached, single-family dwellings. Multifamily dwellings should comprise at least 20 percent, but no more than 60 percent of the total dwelling units within the PUD without explicit approval from the planning and zoning commission. In PUDs designed for post-secondary educational uses with limited quasi-public facilities, multifamily dwelling units are to be construed as dormitories and may comprise 100 percent of the dwelling units and shall be excluded from the housing affordability component prescribed in this division.

(1)

All PUDs shall contain a housing affordability component. A minimum of ten percent of the dwelling units shall be reserved for those whose household income is between 80 percent and 120 percent of the area median income as defined by the most recent U.S. Census or other approved source. The exterior of these dwelling units shall be composed of similar materials and design and shall be indiscernible from all other dwelling units within the PUD.

(2)

In areas where a PUD is proposed that contains existing housing, a housing survey must be completed prior to submittal of a formal application. The housing survey must include all existing structures within the area to be designated as a PUD. The housing survey should include property address and year of construction. For structures and dwelling units aged 50 years or more, photo documentation of all sides of the structure and/or dwelling unit shall be provided, bounded in a booklet titled, Proposed PUD—Historic Structures and Housing Survey. For each photo documented structure and dwelling unit, the chief building official shall provide an assessment identifying each structure and dwelling unit as standard, substandard, dilapidated or deteriorated as defined by the U.S. Department of Housing and Urban Development. The Proposed PUD—Historic Structures and Housing Survey shall then be delivered to the applicant who shall conduct an assessment by a qualified person skilled in historic preservation and tasked in determining contributing and non-contributing structures and dwelling units. Those structures and dwelling units identified as contributing and standard or substandard shall be identified on the concept and development plan and shall be reserved for rehabilitation (existing lot sizes can be altered to reflect the typical lot size of the proposed development). It is the intent of this section to promote the preservation of the city's historic homes. However, should the cost of rehabilitating those structures and/or dwelling units, based on a submitted feasibility study, be determined to be cost prohibitive, a sign shall be posted in a conspicuous location on-site, visible from the public rights of way, for a minimum of 30 days stating the following: "This home is a contributing structure/dwelling unit within a proposed PUD. Rehabilitation of this structure has been determined to be cost prohibitive based on a feasibility study. The feasibility study is on file in the planning department of the city. This structure/dwelling unit is slated for demolition or removal unless written notice is provided to the city planning department indicating your intention to purchase and rehabilitate according to the standards prescribed for this PUD or your intention to purchase and remove this structure/dwelling unit from this site within 30 days of submission of your written inquiry." For structures within a historic district, treatment of those structures shall be in accordance with the existing city historic preservation ordinance.

(c)

Civic, educational and institutional uses. PUDs shall contain sites for residential uses and, at a minimum, at least one of the following: church, educational facility, community or club buildings and/or similar public or quasi-public facilities.

(d)

Retail component. Retail trade establishments and personal service establishments shall be located in careful relation to other land uses within and outside of the proposed development. Such uses need to be scaled and designed to/for the pedestrian and to the PUD itself. Appropriate hardscape and landscape elements shall be proposed which complement and enhance the relationship between the residential and nonresidential uses within and outside but adjacent to the PUD. The amount of land in a PUD devoted to retail trade and personal service establishments shall be a minimum of five percent but not exceed 30 percent of the total site area of the development. In PUDs devoted primarily to educational uses, the retail component may include concession stands, laundry facilities, vending areas and other retail uses such as a student bookstore, student cafeteria or private or public day care center or other use proposed by applicant that could reasonably be considered a retail or personal service establishment.

(e)

Industrial uses. Industrial uses are not typically considered to be appropriate for inclusion within PUDs; however, such uses are not prohibited and may be considered appropriate and desirable uses in PUDs consisting of 20 acres or more where living and working areas need to be proximate to one another, subject to separation and landscape/screening requirements to ensure that landscape and hardscape elements complement and enhance the relationship between the residential and nonresidential uses.

(f)

Interconnectivity. All new streets within the proposed PUD shall contain travel lanes of no more than 12 feet for one-way traffic and no more than 24 feet for two-way traffic. All streets, existing or proposed, shall include curb and gutter, a minimum of two feet wide grass strip between the curb and sidewalk and a minimum of a four-foot-wide sidewalk. Crosswalks shall be appropriately defined. Painted crosswalk sections do not constitute appropriately defined crosswalks. Streetscape elements such as street trees, pedestrian oriented lighting and decorative traffic signs (including street names) shall be provided for all streets within the PUD. Traffic signs including, street names, yield and stop signs should be located on a shared, decorative pole. While pedestrian-oriented lighting is encouraged along all pedestrian facilities, at a minimum, decorative street lighting is required at all street intersections or along the entire street/pedestrian section. It is preferable that street lighting be solar powered. It is preferable that traffic signs be co-located on decorative, pedestrian-oriented light poles on all corners of the intersection. Renderings of typical traffic signs, crosswalk sections and street lighting shall be provided with the concept and development plan submitted for approval. A typical street section detail shall be provided with the concept and development plan submitted for approval.

(g)

Landscape elements. A landscape plan shall be proposed and submitted for approval prior to issuance of a building permit. At the time of the PUD application, the applicant must provide a written statement identifying the general guidelines for landscape installation for each type of use proposed in the PUD (residential, commercial, retail, etc.) and provide a general rendering of the proposed landscape for each type of use (residential, commercial, retail, etc.). The general rendering provides for a visual representation of what the written statement would provide for. The written statement should identify the general dimensions of proposed buffers and landscape requirements for all land uses. The general rendering shall graphically illustrate the dimensional requirements and landscape elements identified in the written statement. The landscape plan submitted prior to the issuance of a building permit shall be in substantial compliance with the written statement and general renderings depicting the proposed landscape at the time of the PUD approval. Native species and non-invasive plants are permissible. Where feasible, existing trees shall be preserved. It is the intent of this section to promote the use of native species and reduce water usage for landscaped elements. Non-native species shall be watered by an automated watering system. All watering systems shall be required to have a rain sensor. The use of invasive plants is prohibited.

(h)

Signs. Typical sign plans and/or sign standards showing maximum widths and heights and construction materials shall be proposed by developer and approved inclusive with the PUD approval. A written statement identifying the sign dimension and construction materials shall be provided and rendering graphically illustrating the written statement shall be provided at the time of PUD approval. Prior to the issuance of a building permit, detailed construction drawings shall be provided and said drawings shall be in substantial compliance with the written statement and rendering provided at the time of the PUD approval.

(Code 1991, § 22-189)

(a)

Form for PUD—CU approval; filing of fees. An application form for PUD conditional use approval, and the fee schedule for filing an application for PUD—CU, shall be on file in the administrative office of the city planning department. Fees are due and must be paid at the time a formal application is submitted.

(b)

Application contents. All applications for PUD shall contain the following:

(1)

Concept and development plan. Applications shall include a concept and development plan which, unless specifically stated otherwise, shall be a condition of PUD approval. A concept plan shall be presented at a preapplication conference with the city planner to discuss the proposed PUD application. The concept and development plan shall include:

a.

A graphic representation of existing topography, major vegetative growth, floodplains, significant waterbodies, landfills, rock outcroppings and areas of historic significance. This representation can be an aerial photograph of the site. If required, the historic structures and housing survey must be submitted.

b.

The concept and development plan shall provide for a delineation of the proposed uses of land including numbers and types of structures on each proposed use of land (residential, commercial, retail, open spaces, etc.). The plan shall illustrate the general conditions of the site including street grid layout and points of access to the site. The plan shall also identify proposed parking areas. This plan shall be consistent with the density requirements and dimensional requirements set forth in this section. The applicant shall also provide a statement regarding the identification of housing unit diversity and affordability requirements.

c.

A statement and analysis demonstrating the manner in which the proposed development will result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories and a statement regarding the PUD's consistency with the comprehensive plan and future land use map.

d.

Statements relating to proposed restrictions, agreements or other documents indicating the manner in which any land intended for common or quasi-public use but not proposed to be in public ownership will be held, owned and maintained in perpetuity for the indicated purpose.

e.

A list of proposed development standards consisting of landscape/hardscape improvements, lot area or size, yard setbacks, lot widths at building lines, building heights, maximum lot coverage of buildings and structures, proposed development standards such as distances between all structures and buildings and parking requirements.

f.

Such other material as the applicant may consider of importance in the evaluation of the plan.

g.

The applicant shall, prior to approval of the PUD, present firm evidence of the unified control of the entire area within the proposed PUD district.

(2)

Architectural elevations. Applications shall include perspective front, side and rear elevation drawings of representative building types. The intent of this section is not to provide a detailed architectural rendering; rather these drawings shall indicate general architectural characteristics (typical construction materials and facade elements). Any elements identified in a rendering must be included in construction. If the PUD is approved, general architectural elements identified as part of the application shall be considered binding unless specifically noted otherwise in the approval. The intent of this section is to provide an illustrative, conceptual example of general building characteristics and is not intended to be an architectural plan. At a minimum, appropriate design guidelines and renderings should be provided.

(3)

Land uses and development summary. The application shall include a list of all land uses, as shown on the concept and development plan, proposed to be included in the PUD, the total land area devoted to each of the land uses proposed, the percentage of the land area within the PUD devoted to each proposed land use, the number of residential units by type and density, and the estimated maximum square footage of all buildings in the PUD. All building plans submitted for permit approval shall be in substantial compliance with the building square footages identified in the land use and development summary. Deviations from these shall be approved by the planning and zoning commission. In addition, the application shall contain a development schedule indicating the approximate dates for beginning and completing the project, or each phase if the development is to be phased, and the extent of development and types of land uses in each phase. Such phasing shall be identified on the concept and development plan. PUDs established primarily for post-secondary educational use may have unique development circumstances that inhibit the ability to establish a development schedule. Such circumstances shall be identified during the application process and explained to the planning and zoning commission. At a minimum, the development phasing shall be identified in terms of construction priorities.

(4)

Performance standards comparison. The application shall contain all minimum dimensional requirements that are proposed to apply within the PUD, including minimum lot sizes, minimum lot widths, maximum lot coverage, front side and rear yards and building setbacks, maximum heights and landscape/hardscape requirements. Such proposed performance standards shall be presented in a table and in written text accompanying the application that shows the proposed lot, height, coverage and other dimensional standards in relation to the performance standards required for the underlying zoning district or districts in which the PUD and subject property is located.

(5)

Improvement requirements comparison. The application shall contain descriptions of improvements to be constructed within the PUD, such as, but not limited to, street types, right-of-way widths, sidewalk locations and dimensions, and other improvements such as lighting, landscapes and hardscapes including open/recreational spaces. Such proposed improvements shall be presented in a table and in the written text accompanying the application that shows the proposed improvements in comparison with improvements that would be required otherwise without approval of a PUD.

(6)

Community benefit statement. The applicant shall submit a written statement identifying the relative benefits that will accrue to the community as a result of the property being developed under PUD provisions. Specific mention should be made of mix of uses included, open/recreational spaces provided, natural features retained and architectural design to be provided. This statement is a developer's opportunity to define why the PUD proposal is superior and merits approval and how it will serve the community better than a conventional development. In determining the extent to which a proposed PUD development district would be superior to that which would occur under conventional zoning and subdivision regulations, the planning and zoning commission and city council may consider the following and any other criteria they deem appropriate:

a.

Open space. Provides for proportional enhancements (connectivity) to existing or planned trails, parks or other recreational/open spaces in consultation with the planning department.

b.

Environment. Does not request exceptions to or modifications of environmental regulations.

1.

Provides enhanced water quality controls.

2.

Provides for the use of native plants.

3.

Prohibits the use of invasive species.

4.

Modifies proposed building footprints to accommodate existing exceptional trees or relocates said trees and plants to other on-site locations (the intent of this section is to promote creative building solutions to accommodate existing trees and plants and to re-use, on-site, existing trees and plants).

5.

Reduces impervious surfaces.

6.

Clusters disturbed areas in a manner that reserves the most environmentally sensitive areas of the site that are not otherwise protected.

7.

Provides pervious paving for at least 25 percent of all paved areas.

8.

Provides for decorative lighting and landscape features.

c.

Construction. Construction shall comply with the codes and standards adopted by the Green Building Council.

d.

Art. Includes public art displays.

e.

Streets.

1.

Incorporates principles identified in the American Planning Association's Complete Streets.

2.

Provides pedestrian/bicycle facilities that connect to existing or planned bicycle routes and existing or planned parks.

f.

Community amenities. Provides public or quasi-public facilities which may include ball fields, spaces for community meetings, day care facilities or other uses that fulfill an identified community need parking. In nonresidential uses, parking is accommodated to the rear of a building and the building is oriented to the pedestrian.

g.

Housing.

1.

Provides or participates in programs to provide affordable housing,

2.

Ensures the preservation and rehabilitation of historic structures.

h.

Accessibility. Provides for accessibility for persons with disabilities to a degree exceeding applicable legal requirements.

(7)

Traffic analysis. A study providing information on the existing road network and associated vehicle volumes and the effect the proposed PUD will have on the existing (or improved) road network. If traffic or roadway improvements external to the subject site are anticipated as a result of the proposed development, the applicant shall submit a statement indicating the nature and extent of those contemplated improvements. Included in said statement shall be information pertaining to what proportion of the external traffic and roadway improvements are made necessary as a result of the PUD and improvement costs provided by developer. All internal traffic and roadway improvements associated with the PUD shall be paid for by the developer.

(Code 1991, § 22-190)

(a)

Preapplication conference. Prior to filing a formal application for a PUD, the applicant is required to confer with the city planner in order to review the general character of the plan and to obtain information on the nature and extent of the proposed development. A concept plan illustrating the proposed elements of the PUD shall be provided by the applicant during the conference. During the preapplication conference, the city planner and applicant shall discuss the following items required to complete an application:

(1)

Concept and development plan.

(2)

Identification of decorative lighting elements.

(3)

Illustration of typical street sections including an illustration of crosswalk treatments.

(4)

Written statement and general renderings of landscape elements.

(5)

Written statement and general renderings of all proposed signs.

(6)

General architectural renderings.

(7)

Land use and development summary.

(8)

Performance standards comparison.

(9)

Improvements requirements comparison.

(10)

Community benefit statement.

(11)

Traffic analysis discussion.

(b)

Recommendation and approval authority. Submitted with the formal application for PUD approval, the applicant shall provide the items noted in subsections (a)(1) through (11) of this section. The planning department shall, within 30 days, review the application and any appropriate comments during the preapplication conference and determine the sufficiency of information provided in regard to the requirements set forth in this section. Within 30 days of receipt of a complete application, the city planner shall notify the applicant that the appropriate information has been provided and shall place the PUD application on the planning and zoning agenda. The city planner shall process the application utilizing the following procedures:

(1)

The zoning administrator shall review the proposal to determine if it meets the requirements of these regulations.

(2)

The zoning administrator shall transmit the application and any accompanying material to other city staff for review. Staff shall prepare a professional opinion regarding:

a.

The verification of data shown on the application or in accompanying materials;

b.

The proposed development's relationship with existing zoning regulations and with the comprehensive plan;

c.

The compatibility of the proposed development with surrounding development;

d.

Provide for an analysis of the community benefit statement, performance standards comparison and improvements requirements comparison; and

e.

Such other factors or considerations as may be appropriate considering the merit of the proposed development.

(3)

Upon completion of the application procedure, the matter will be placed on the planning and zoning commission agenda.

All applications for PUD shall be processed and considered by the planning and zoning commission and decided upon by the council as if the PUD applications are presented for a conditional use approval and shall be subject to the public hearing and notice requirements specified in this Code. After review by the planning and zoning commission and public hearing in accordance with the aforementioned procedures, the council may disapprove, approve, or approve with modifications and/or conditions the PUD.

(c)

Criteria for approval. In considering and acting upon applications for PUDs, the planning and zoning commission and the council shall consider and base their recommendation and decision, respectively, on the following criteria and any other factors it may consider appropriate in reaching such a decision:

(1)

Consistency with the comprehensive plan.

(2)

Assessment of the community benefit statement, performance standards comparison and improvements required comparison.

(3)

The character, location and appropriateness of the proposed mix of land uses.

(4)

The extent to which the proposed architectural, landscape, hardscape and streetscape features within and adjacent to the PUD are desired and harmonious.

(5)

The adequacy of open/recreational spaces that are included.

(d)

Binding nature of PUD approval. All terms, conditions, safeguards, and stipulations made or imposed at the time of approval shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard without commission approval shall constitute a violation of this division. Where a PUD project is proposed in phases and the commission finds that the development of all phases is necessary for the development of any part to be approved, the commission may require that the applicant agree to the following:

(1)

Proceed with the proposed development according to the provisions of the approval and the proposed development plan for the area and such conditions as may be attached to the land in the planned unit development;

(2)

Provide agreements, contracts, deed restrictions, and sureties acceptable to the commission for completion of the development according to the PUD approval and for continuing operation and maintenance of such areas, functions, and facilities; and

(3)

Bind their successors in title to any commitments made under subsections (a) and (b) of this section.

All such agreements and evidence of unified control shall be examined by the city attorney and no PUD approval shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these regulations.

(e)

Revisions. Amendments to approved PUDs shall be permitted but governed by the procedures and provisions for approving the original PUD application.

(Code 1991, § 22-191)

(a)

Construction plans. Upon approval of a PUD application, the land developer may apply for construction plan approval. Construction plans must be submitted within a two-year period following PUD approval or the PUD authorization shall expire. The construction plan approval process is generally an administrative process. Applications for construction plan approval shall be made in accordance with the building permit approval process identified in this Code.

(b)

Site plan. If not submitted and approved as part of the PUD approval process, a site plan is required prior to the issuance of a land disturbance permit or building permit. In addition, a preliminary plat is required to be submitted for review by the planning department if one was not submitted at the time of the PUD approval process. Upon receipt of the site plan and preliminary plat, the city planner shall provide written notice to the applicant regarding the consistency between the site plan, preliminary plat and the concept and development plan. The applicant shall revise the site plan and the preliminary plat if so needed and submit a final plat for approval. If not completed as part of the PUD approval process, a final plat is required prior to issuance of a land disturbance permit or building permit. Plat approval shall follow the process in place established and codified in the city ordinances. The site plan shall be scaled to one inch equals 20 feet and shall:

(1)

Be in accordance with the concept and development plan to include stated development standards;

(2)

Include all of the information required for the submission of a preliminary and final subdivision plan and/or preliminary and final plat, as set forth in the city land subdivision regulations;

(3)

Include a grading plan, showing the existing topography and proposed grading of the site at contour intervals of not more than five feet;

(4)

Show water runoff drawings, calculations, and plans for soil erosion and sedimentation control, both during and after construction;

(5)

Show existing vegetation, tree line, and other natural features, rock outcroppings, bodies of water and watercourses, and the 100-year floodplain. Retention ponds shall be a decorative water feature associated within the PUD. Water levels within the retention pond shall be kept at minimum depth of four feet and shall include a water circulation feature such as a spraying fountain. Detention ponds shall be a decorative feature integrated into the overall design of the PUD's landscape;

(6)

Show location, height, ground coverage, and use of all structures and location and areas of open spaces, parking facilities and areas dedicated to public spaces. Calculations of building coverage, numbers of parking spaces, and areas devoted to open spaces shall also be indicated;

(7)

Show all utility service lines, and all easements and rights-of-way, existing or proposed; in PUDs proposed on undeveloped sites, all utilities shall be placed underground;

(8)

Show adjacent highways and streets serving the site, noting centerlines, widths of paving, grades, and median break points;

(9)

Show the location of all roads, streets, driveways, parking facilities, loading areas, points of access surrounding streets, and pedestrian walks and path ways;

(10)

In a statement to the planning and zoning commission prior to the issuance of a building permit, the applicant will provide building plans showing the architectural layout for all floors and architectural elevations for review and approval by the planning department and submittal to the commission should the renderings be inconsistent with the approved concept and development plan;

(11)

Show, for each residential structure, the number and type of dwelling units;

(12)

Show floor areas of all nonresidential buildings for building permit approval;

(13)

Contain a landscaping and screening plan, showing all manmade features and the location, size, and species of all planting materials;

(14)

Contain an exterior lighting plan, covering all parking areas, driveways, and pedestrian ways, and including the height, number, and type of fixtures to be installed;

(15)

Show the location of the nearest public schools, parks, and other community recreational facilities, indicating the location and use of all land to be dedicated to public use;

(16)

Provide documents indicating in detail the manner in which any land intended for common or quasi-public use, but not proposed to be in public ownership, will be held, owned and maintained in perpetuity for the indicated purposes;

(17)

If a detailed site plan is one of a number of detailed site plans within a planned development, show how each detailed site plan is related to and coordinated with other detailed site plans;

(18)

Contain any additional information which may be required by the commission in order to enable it to evaluate the detailed site plan.

(c)

Private restrictions. PUDs shall have private restrictions and covenants established. These restrictions and covenants shall promote the preservation of the unique characteristics of the PUD and shall not be inconsistent with the standards approved at the time of the PUD approval. The developer shall submit to the zoning administrator a declaration of covenants, conditions and restrictions, articles of incorporation and bylaws for the property owners' or homeowners' association prior to the issuance of a certificate of occupancy for any structure. The declaration shall confer membership to the owner of property subject to assessment by the association, provide for voting rights in the association with suggestions for the division of power between the developer and the property owner and provide for maintenance assessments, among other items. For PUDs designed primarily for post-secondary educational use, private restrictions shall at a minimum describe the landscape and building maintenance requirements for the overall site whether or not buildings and spaces are tenant or owner occupied.

(d)

Permits and certificates. No building permit or certificate of occupancy shall be issued for a building, structure or use, nor shall any excavation, grading or land disturbance applications be approved, for any PUD that has not been approved in accordance with the provisions of this division. The city planner shall authorize the issuance of building permits for buildings and structures in the area covered by the approved PUD if they are in substantial conformity with the approved PUD, after improvements are installed in accordance with applicable improvement requirements, and if found to be in conformance with all other applicable regulations. The city planner shall authorize the issuance of a certificate of occupancy for any completed building, structure or use located in the area covered by the PUD if it conforms to the requirements of the approved PUD and all other applicable regulations. After completion of a PUD, the use of land and construction, modification or alteration of any buildings, structures or uses within the area covered by the PUD shall be regulated by the approved development plan for the PUD.

(e)

Appeals. Any person aggrieved by an interpretation or decision of the city planner in the administration of this division may file an appeal to the architectural review and zoning appeals board (ARZA) in accordance with this Code. The ARZA board shall hear appeals related to interpretation of this division and shall not hear appeals related to development standards that would change the plans approved by the planning and zoning commission. Under no circumstances shall any development standard approved by the planning and zoning commission be allowed an appeal. All changes to the plans approved by the planning and zoning commission shall be resubmitted to the planning and zoning commission for approval.

(Code 1991, § 22-192)

The following uses are permitted in R-TH Townhouse Districts:

(1)

Single-family residence townhouses.

(2)

Accessory buildings.

(Code 1991, § 22-206; Ord. of 9-22-1986(1), § III)

Maximum density shall be eight townhouse units per acre. New rights-of-way developed by the owner and dedicated to the city shall not be included as a part of the acreage for purposes of computing density requirements.

(Code 1991, § 22-207; Ord. of 12-23-1996(3), § III)

If common areas are used, the following shall apply:

(1)

A townhouse development allows individual lot areas which may have less than the minimum lot area for dwelling units required in the zoning district from which the townhouse zoning district was created; provided, however, that land area at least equal to the reduction in each individual lot area shall be placed in common areas or open space.

(2)

The land in streets, common off-street parking areas, and storm drainage detention facilities shall not be included as part of the open space or common areas requirement. However, full credit for lot reduction shall be allowed for detention facilities meeting the following criteria:

a.

The maximum depth of the detention facility shall not exceed 2½ feet below the existing ground elevation measured beneath the rim of the depression.

b.

The detention facility shall be designed and constructed to drain completely after each rain event.

c.

The detention facility shall be designed and constructed with a minimum of three to one slide slopes.

d.

The detention facility shall be grassed or sodded or both.

e.

Any other unique detention facility that is designed to be usable and maintained for recreation and/or landscaping features may be allowed for lot reduction credit if approved by the city engineer to meet this intent. In addition, each two square feet of existing and/or natural water surface or periodically flooded (based upon the 100-year flood contour elevation) or inundated land may be credited as one square foot of land area for lot reduction purposes. Land below the 100-year flood elevation can only be substituted for one-half of the required open space or common areas.

(3)

The plan for townhouse development shall provide for ownership, maintenance, and control of common areas and open space.

(4)

Within districts allowing townhouse development, the usable common area or open space shall be fully credited to calculations of density.

(Code 1991, § 22-208; Ord. of 9-22-1986(1), § III; Ord. of 12-23-1996(3), § IV)

All townhouse developments in the R-TH zone must comply with the following standards:

(1)

A townhouse development shall be located on a site that measures a minimum of three acres in area.

(2)

Each interior townhouse lot shall be at least 20 feet in width. Each townhouse lot on a corner shall be at least 45 feet in width. Each interior townhouse lot that is intended to be at the end of a row of townhouses shall be at least 30 feet wide. Each lot shall contain 2,000 square feet of area or more.

(3)

The setback from an interior side lot line shall be a minimum of ten feet for the townhouse which is located at the end of a row of townhouses. A minimum setback of 25 feet from side streets shall be maintained. Front yard setback will be no less than 30 feet. Rear yard setback will be no less than 30 feet, exclusive of accessory buildings.

(4)

An accessory building may abut an accessory building located on an adjacent lot in the townhouse district.

(5)

No more than four townhouses shall be built in a row having the same building line. In setting forth this requirement, the city council intends to discourage the creation of long unbroken lines of townhouses. In a townhouse complex having more than four dwelling units, the required minimum offset in the building line shall be three feet. A row or grouping of townhouses shall not exceed 200 feet in length.

(6)

Not more than one single-family residence shall be located on a townhouse lot.

(7)

A minimum of two paved off-street parking spaces shall be provided for each townhouse.

(8)

Each townhouse lot shall have its own parking spaces with direct access to an alley or street. If parking spaces and driveways are located in the front yard of a lot, a setback of 50 feet must be maintained for landscaping and other improvements.

(9)

The off-street parking provided for a townhouse may have direct access to a service street only if the service street has a minimum right-of-way width of 30 feet.

(10)

Maximum height of a townhouse unit shall be 35 feet.

(11)

Maximum lot coverage shall be 35 percent.

(Code 1991, § 22-209; Ord. of 12-23-1996(3), § V)

Prior to commencing any construction within a proposed townhouse development, an application for rezoning along with a site plan as required shall be submitted to the zoning administrator. After review by appropriate city staff, the planning and zoning commission shall hold a public hearing and shall recommend to the city council, approval with modification, or denial of the townhouse district rezoning request. The city council shall give final approval, shall give final approval with modification, or deny the townhouse district application, pursuant to the same procedure as required for any rezoning application as set forth in this zoning chapter. Each site plan submitted for review pursuant to this section shall be drawn to an appropriate engineer's scale and shall contain the following minimum requirements:

(1)

Total acreage of the entire site and the density of the project calculated by dividing the total number of dwelling units by the total net acreage excluding rights-of-way dedicated to the public and storm drainage detention facilities, except as allowed in section 22-289(b). This calculated density figure shall in no event exceed the density figure listed in the density standards of this section;

(2)

The approximate lot layout including lot location, size, width, depth, orientation, and minimum building setbacks;

(3)

The applicant must submit drawings indicating the general architectural themes, appearance and representative building types, as well as definitive covenants, easements, dedications and restrictions to be imposed on the land, buildings and structures.

(Code 1991, § 22-210; Ord. of 12-23-1996(3), § VI)

In reviewing a townhouse development site plan, the city staff and the planning and zoning commission shall consider the following criteria to the extent relevant in each case, in evaluating the merits and purpose of a townhouse development. Individual lots, buildings, streets and parking areas should be designed and situated to:

(1)

Minimize alteration of the natural features and topography;

(2)

Minimize the adverse effects of noise and traffic on off-site residents;

(3)

Minimize the area devoted to serve motor vehicles;

(4)

Allow for proper and adequate access for firefighting purposes and access to service areas to provide garbage and waste collection and for other accessory services; and

(5)

Achieve a compatible relationship between development and the land as well as with adjacent developments and land.

(Code 1991, § 22-211; Ord. of 9-22-1986(1), § III)

Any parcel approved for a townhouse site plan shall be identified on the official zoning map of the city.

(Code 1991, § 22-212; Ord. of 9-22-1986(1), § III)

The following uses are permitted in R-CD Cluster Housing:

(1)

Single-family residence cluster housing.

(2)

Accessory buildings.

(Code 1991, § 22-231; Ord. of 9-22-1986(1), § IV)

The number of dwelling units permitted in a cluster housing development is related to the zoning classification of the property being developed. The cluster housing development shall in no case exceed the following:

(Code 1991, § 22-232; Ord. of 9-22-1986(1), § IV; Ord. of 12-23-1996(3), § VII)

(a)

A cluster housing development allows individual lot areas which may have less than the minimum lot area for dwelling units required in the zoning district from which the cluster housing zoning district was created; provided, however, the land area at least equal to the reduction in each individual lot area shall be placed in common areas or open space.

(b)

The land in streets, common off-street parking areas, and storm drainage detention facilities shall not be included as part of the open space or common area requirement. However, full credit for lot reduction shall be allowed for detention facilities meeting the following criteria:

(1)

The maximum depth of the detention facility shall not exceed 2½ feet below the existing ground elevation measured beneath the rim of the depression.

(2)

The detention facility shall be designed and constructed to drain completely after each rain event.

(3)

The detention facility shall be designed and constructed with a minimum of three to one slopes.

(4)

The detention facility shall be grassed and/or sodded.

(5)

Any other unique detention facility that is designed to be usable and maintained for recreation or landscaping features or both may be allowed for lot reduction credit if approved by the city engineer to meet this intent. In addition, each two square feet of existing and natural water surface, or periodically flooded (based upon the 100-year flood contour elevation) or inundated land may be credited as one square foot of land area for lot reduction purposes. Land below the 100-year flood elevation can only be substituted for one-half of the required open space or common areas.

(c)

The plan for cluster housing development shall provide for ownership, maintenance and control of common areas or open space or both.

(d)

Within districts allowing cluster housing developments, the usable common area or open space shall be fully credited to calculations of density.

(Code 1991, § 22-233; Ord. of 9-22-1986(1), § IV; Ord. of 12-23-1996(3), § VIII)

(a)

Minimum cluster housing group site size shall be three acres.

(b)

The minimum development standards for individual lot size, width and depth shall not apply if modifications or variations from these standards are shown on an approved site plan. Building setbacks may also be modified or varied except for the following:

(1)

Within the A, R-1A, R-1B, and R-1 districts:

a.

Buildings shall set back 25 feet from any street right-of-way.

b.

Within a cluster housing development, the rear of a cluster housing dwelling unit will have no setback requirement and the sides of a cluster housing dwelling unit will have no setback requirement for one side only; provided, however, that every cluster housing dwelling unit shall have at least one side with a setback of at least 15 feet from another cluster housing dwelling unit. In addition, a cluster housing dwelling unit shall have a side setback of at least 15 feet and a rear setback of at least 40 feet from the property line of any adjacent property that is not developed as a part of the cluster development.

(2)

Within the R-2A, and R-2 districts:

a.

Buildings shall set back a minimum of 15 feet from any street right-of-way.

b.

Side setbacks for cluster housing dwelling units from the perimeter property boundary shall be as follows:

1.

For a cluster group of four or less dwellings: eight feet each side;

2.

For a cluster group of five or more dwellings: 15 feet.

c.

The rear of any cluster housing development unit shall have a rear setback of at least 25 feet from the property line of any adjacent property that is not developed as a part of the cluster housing development.

d.

Otherwise, in such districts and within a cluster development, a cluster housing dwelling unit shall have no rear setback requirements and the sides of a cluster housing dwelling unit will have no setback requirement for one side only; provided, however, that every cluster housing dwelling unit shall have at least one side with a setback of at least 15 feet from a side lot line.

(c)

Maximum building height: 35 feet.

(d)

Maximum land coverage:

(1)

Within the A, R-1A, R-1B, R-1, R-2A, and R-2 districts, maximum land coverage shall be the same as the maximum building lot coverage listed within the development standards of the residential district, calculated by dividing the total ground coverage of the several buildings within a cluster housing development by the total lot area of the several lots and the common open space.

(2)

No more than 60 percent of the gross land area may be covered by impermeable surfaces including, but not limited to, buildings, off-street parking and drives, tennis courts, and the like, nor by swimming pools and drainage facilities. On the remaining 40 percent of the gross land area, permeable surfaces may be contained within either individual building lots or common areas or within a combination of the two areas. Detention facilities meeting the following criteria may be used to help achieve the 40 percent permeable surface requirement:

a.

The maximum depth of the detention facility shall not exceed 2½ feet below the existing ground elevation measured beneath the rim of the depression.

b.

The detention facility shall be designed and constructed to drain completely after each rain event.

c.

The detention facility shall be designed and constructed with a minimum of three to one side slopes.

d.

The detention facility shall be grassed or sodded.

e.

Any other unique detention facility that is designed to be usable and maintained for recreation or landscaping features or both may be used to meet the 30 percent permeable surface requirement if approved by the city council to meet this intent. In addition, each two square feet of existing or natural water surface or both or periodically flooded (based on the 100-year flood contour elevation) or inundated land may be credited as one square foot of land area to meet the 30 percent permeable surface requirement.

(e)

To preserve the integrity of the surrounding area, the city council may require certain screening buffers as part of the new development, all as provided for elsewhere in this chapter.

(f)

All cluster housing developments shall be designed so that no separate dwelling unit will be constructed on top of another separate dwelling unit.

(Code 1991, § 22-234; Ord. of 12-23-1996(3), § IX)

Prior to commencing any construction within a proposed cluster housing development, an application for rezoning along with a site plan as required shall be submitted to the zoning administrator. After review by appropriate city staff, the planning and zoning commission shall hold a public hearing and shall recommend to the city council approval, approval with modification, or denial of the cluster housing rezoning request. The city council shall give final approval, shall give final approval with modification, or deny the cluster development application, pursuant to the same procedure as required for any rezoning application as set forth in this zoning chapter. Each site plan submitted for review pursuant to this section shall be drawn to an appropriate engineer's scale and shall contain the following minimum requirements:

(1)

Total acreage of the entire site and the density of the project calculated by dividing the total number of dwelling units into the total net acreage excluding rights-of-way dedicated to the public common off-street parking areas and storm drainage detention facilities, except as allowed in section 22-322(b). This calculated density figure shall in no event exceed the density figure listed in the density standards of this section;

(2)

The approximate lot layout including lot location, size, width, depth, orientation, and minimum building setbacks;

(3)

The applicant must submit drawings indicating the general architectural themes, appearance and representative building types, as well as definitive covenants, easements, dedications and restrictions to be imposed on the land, buildings and structures.

(Code 1991, § 22-235; Ord. of 12-23-1996(3), § X)

In reviewing a cluster housing development site plan, the city staff and the planning and zoning commission shall consider the following criteria to the extent relevant in each case, in evaluating the merits and purpose of a cluster plan. Individual lots, buildings, streets and parking areas should be designed and situated to:

(1)

Minimize alteration of the natural features and topography;

(2)

Minimize the adverse effects of noise and traffic on off-site residents;

(3)

Minimize the area devoted to serve motor vehicles;

(4)

Allow for proper and adequate access for firefighting purposes and access to service areas to provide garbage and waste collection and for other accessory services;

(5)

Achieve a compatible relationship between development and land as well as with adjacent developments and land.

(Code 1991, § 22-236; Ord. of 9-22-1986(1), § IV)

Any parcel approved for a cluster housing site plan shall be identified on the official zoning map of the city.

(Code 1991, § 22-237; Ord. of 9-22-1986(1), § IV)

(a)

The purpose of the TND district is to create an innovative residential zoning classification that encourages a pattern of neighborhood development that will be consistent with the traditional qualities of the city historic districts and that will be compatible with surrounding residential areas of the city. The TND district is distinguished from other residential zoning districts through a unified plan for a neighborhood that includes a diversity of land uses and lot sizes, housing types and sizes to accommodate persons of a variety of stages of life in a pedestrian-oriented setting that is well integrated with city neighborhoods, parks, civic spaces, and commercial uses. The TND district results in fewer burdens on present and projected public services and utilities than would result from conventional subdivision development.

(b)

The TND design guidelines are hereby adopted and shall apply to property in the TND. A copy of the TND Guidelines shall be kept on file in the administrative offices of the city planning department. Within the TND district, design and construction of new buildings that are not in substantial conformity with the TND design guidelines is prohibited. In cases of a conflict between the TND design guidelines and the text of this division, the text of this division shall govern.

(Code 1991, § 22-239; Ord. of 5-23-2005, § 22-239)

(a)

The applicant for the TND district shall demonstrate that the site development concept satisfies the following requirements: A minimum of ten acres, with net benefit to city demonstrated by the following factors:

(1)

Inclusion of a variety of residential uses.

(2)

Creation of a community of compact scale and design, which encourages pedestrian circulation.

(3)

A network of connected streets with sidewalks and landscaping to facilitate convenient, efficient and safe movement within surrounding neighborhoods and business areas.

(4)

Design of streets, sidewalks and buildings to provide an attractive and lively streetscape that encourages pedestrian activity.

(5)

Creation of a design featuring amenities and accessory uses that increases the energy efficiency and self-sufficiency of the neighborhood so as to encourage pedestrian activities without undermining the basic residential character of the neighborhood.

(6)

Civic facilities, common space, and conditional use commercial uses are provided and are within walking distance to residents of the community.

(7)

Interconnected and usable open space is provided.

(8)

Adequate ingress and egress of vehicular traffic.

(9)

There are adequate provisions for community facilities such as water, sewer, recreation and open space.

(b)

Program for unified control. Each applicant for the TND district shall provide evidence of the unified control of the entire parcel. During the development process, more than one builder may participate in the development of the approved plan so long as each parcel of land remains subject to all of the terms and conditions of the plan approved by the city council for the property as a whole.

(c)

Legal instrument for permanent protection of common spaces and open space. The common spaces shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

(1)

A permanent conservation easement in favor of either:

a.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements with a third party right of enforcement in the city. The organization shall be bona fide and in perpetual existence, and the conveyance instruments shall contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions;

b.

A governmental entity with an interest in pursuing goals compatible with the purposes of this zoning chapter; if the entity accepting the easement is not the city, then a third right of enforcement favoring the city shall be included in the easement; or

(2)

As set forth in O.C.G.A. § 44-5-60(c), as hereinafter may be amended, a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

(3)

An equivalent legal tool that provides permanent protection, if approved by the city.

The instrument for permanent protection shall incorporate restrictions on the use of the open space contained in this division, as well as any further restrictions, as approved by the city council. Membership in a property owners' association shall be mandatory for all property owners within the development.

(Code 1991, § 22-240; Ord. of 5-23-2005, § 22-240)

Development within the TND district may be phased. In all cases where a project is to be phased, each phase of the project shall contain the required streets, access, sidewalks, parking spaces, common space, recreation space, trees, landscaping and utilities required for that phase unless specifically approved by the planning department subject to a developer agreement approved by city council.

(Code 1991, § 22-241; Ord. of 5-23-2005, § 22-241)

(a)

Within the TND district, all principal, accessory and conditional uses shall be as authorized in this section and section 22-366, provided that they are in conformity with the TND design guidelines. Single-family detached dwellings shall be in conformity with figures 1 and 2 of the TND design guidelines and single-family attached dwellings shall be in conformity with figure 3 of the TND design guidelines.

(b)

Detached accessory units (maximum 900 square feet) or accessory dwelling units are authorized uses subject to the following standards:

(1)

One unit is allowed by right for any single-family detached dwelling.

(2)

An accessory unit shall be owned by the owner of the principal dwelling.

(3)

An accessory unit shall be no larger than 50 percent of the floor area of the principal dwelling.

(4)

An accessory unit may be in a separate structure, attached to the principal structure, or located above a garage.

(5)

If in a separate structure or located above a garage, the building containing the accessory unit shall have a height no greater than the height of the principal dwelling,

(6)

An accessory unit shall provide at least one additional parking space.

(7)

Architectural style shall be compatible with the principal unit: same type of building materials, similar roof pitch, and similar types and sizes of windows.

(c)

Prohibited uses.

(1)

All uses not specifically listed herein or authorized in section 22-121 are prohibited in the TND district, subject to interpretation of definition of uses by the planning department.

(2)

All outdoor storage not contained in accessory units is prohibited.

(Code 1991, § 22-242; Ord. of 5-23-2005, § 22-242)

(a)

Density. Except as provided in section 22-256(c), development in a TND district may not exceed a gross density of eight dwelling units per total acreage of land. Accessory uses and structures are not included in density calculations.

(b)

Common space.

(1)

Minimum common space 20 percent for each TND development.

(2)

Each common space area must comprise an area of at least 10,000 square feet.

(3)

A minimum of 50 percent of common space shall be used for passive parks, greenways, trails, squares or greens.

(4)

No more than 20 percent of required common space may be areas of impervious surface, including, but not limited to, pools, paved trails, community centers, picnic pavilions, gazebos, or recreational courts.

(5)

No dwelling unit shall be more than 1,000 feet from a public park or common space.

(6)

Single-family attached residences must be adjacent to, or directly across the street from a common space such as a public park, green or square.

(7)

A system of pedestrian path ways consisting of sidewalks or trails shall be provided linking each lot containing one or more dwelling units to at least one common space.

(c)

Density bonus. Developments that contain more than 20 percent common space required in subsection (b) of this section are permitted an increase in the maximum residential density in accordance with the following:

(d)

Front yard setback. Minimum 15 feet; maximum 25 feet, except that front-facing garages shall be set back a minimum of 30 feet from right-of-way line.

(e)

Building height. Maximum three stories, except that no building shall have a height that is more than ten feet greater or lesser than the buildings on abutting properties.

(f)

Maximum ground floor area, per building. Five thousand square feet gross floor area.

(g)

Building length. Maximum 200 feet.

(h)

Minimum spacing between detached buildings. Fifteen feet.

(i)

Land use mix. Each TND development shall include a mix of land uses, as follows:

Net land area: The total land in the development minus common space.

(j)

Mix of housing options. A diversity of housing types is encouraged. Each TND development shall include a minimum of 20 percent of the total number of lots in each of at least three of the lot size categories as follows:

(1)

Single-family detached dwellings on large lots (> 12,000 square feet).

(2)

Single-family detached dwellings on mid-size lots (9,001—12,000 square feet).

(3)

Single-family detached dwellings on small lots (6,001—9,000 square feet).

(4)

Single-family attached or zero lot-line dwellings (2,500—6,000 square feet), (minimum lot size 2,500 square feet).

Average widths of all lots in each single-family category must differ by at least ten feet from average width of lots in all other single-family categories.

(k)

Single-family detached dwellings on lots of varying sizes. Single-family detached dwellings on lots of varying sizes shall be combined on the same block as shown in figure 4 of the TND design guidelines. Minimum lot size 6,000 square feet for single-family detached units.

(l)

Building types. Each development in the TND district shall have a range of building types and land uses as follows:

(m)

House sizes. Each development in the TND district shall have a range of house sizes as follows, with a minimum of 900 square feet heated living area:

(n)

Architectural variety. The same front elevation shall not be used twice on the same block face and shall not be used on lots that are opposite one another on the same street.

(o)

Principal uses. Principal uses in the TND district shall be located in buildings that have common architectural design elements. (See figure 2 of the TND design guidelines.) Each principal building in the TND district must utilize at least four of the following architectural design features: Dormers; bay or bow windows; separate garage; covered porch; transoms and sidelights; off-sets on building face or roof (minimum two feet, zero inches, a roof with a pitch greater than eight to 12; columns, pillars, or posts on facade.

(Code 1991, § 22-243; Ord. of 5-23-2005, § 22-243)

(a)

Outdoor lighting on private lots.

(1)

Parking lots containing 25 or more spaces shall be properly illuminated for the safety and security of pedestrians and vehicles.

(2)

Lighting shall be designed to preclude light spillover on to adjacent properties.

(3)

Outdoor lighting on private lots abutting residential uses shall use only cut-off luminaire fixtures mounted in such a manner that its cone of light is directed downward and does not cross any property line of the site.

(b)

Landscaping of lots.

(1)

The front setback area, excluding the impervious areas, shall be planted with trees and/or a variety of shrubbery and flowering plants with a minimum of 25 percent in solid sod.

(2)

Tree preservation and replacement shall result in at least six hardwood trees per acre (minimum two-inch caliper DBH).

(3)

A single species of trees may be used for no more than 25 percent of the total number of new trees planted in a development, except that designated hardwoods may comprise up to 50 percent of that total as long a minimum of three different species are used.

(4)

All landscape materials required by this section shall be maintained by the property owner or property owners' association. Such maintenance shall keep landscape materials healthy, neat and orderly in appearance and free of litter and debris. Landscape materials that die shall be replaced by the property owner or property owners' association within 120 days of notification by the planning department.

(c)

Environmental standards.

(1)

Retain natural vegetation and topography to the maximum extent feasible.

(2)

Maximum impervious surface cover: 40 percent average for the overall development (including lots, streets, and common space), with limits on individual lots, based on building type:

a.

Thirty-five percent for single-family residential, large lot;

b.

Forty percent for single-family residential, mid-size lot;

c.

Forty-five percent for single-family residential, small lot;

d.

Fifty percent for single-family attached.

(d)

Parking. In addition to the parking requirements of article X of this chapter, the following parking standards apply in the TND district:

(1)

The maximum number of off-street parking spaces constructed with impervious materials on any lot shall be 25.

(2)

Parking spaces constructed with pervious materials shall be constructed of gravel or other pervious paving materials described in Volume 2—Technical Handbook of the Georgia Stormwater Management Manual (1st edition, August 2001, or as subsequently amended) as the porous concrete or modular porous paver systems under the limited application stormwater structural controls.

(e)

Driveways and alleys. Driveway and alley connections to public streets shall be consistent with the following standards:

(1)

No residential driveways shall be permitted on arterial streets.

(2)

If a block contains a majority of lots less than 60 feet in width, individual lot access for that block shall be from an alley, not a public street.

(3)

Alleys serving four or more occupied structures shall provide a continuous connection between two public streets.

(4)

Driveways and alleys shall not be located within 150 feet of the centerline of an intersecting collector or arterial street.

(5)

Driveways and alleys shall not be located within 50 feet of the centerline of a local street not in the TND district.

(6)

No paved alley or driveway shall be in excess of 18 feet in width without approval of the planning department.

(7)

Joint driveways shall be encouraged for adjacent properties.

(Code 1991, § 22-244; Ord. of 5-23-2005, § 22-244)

All streets in a TND district, except for alleys, shall be public streets, and shall be designed as follows:

(1)

Arterial street (see figure 5 of TND design guidelines).

a.

Thirty-five mile per hour design speed.

b.

Minimum 82 feet right-of-way.

c.

Four travel lanes at 12 feet each.

d.

Twenty-four-inch-wide curb and gutter.

e.

Five-foot-wide (minimum) landscaped strip along outside curb (both sides of street).

f.

Six-foot-wide sidewalk outside landscaped strip.

g.

Streetlights required in landscaped strip. (See TND design guidelines, on file in the administrative offices of the planning department.)

h.

Street trees required in landscaped strip. Spaced an average of 30 feet on center.

i.

Paving and base must be constructed to standards of the state department of transportation and section 17-238(3).

(2)

Collector street (see figure 6 of TND design guidelines).

a.

Thirty mile per hour design speed.

b.

Minimum 67-foot right-of-way.

c.

Thirty-eight-foot paved section, back of curb to back of curb. Alternate configurations:

1.

Two travel lanes at 12 feet each and a two-way left turn lane 14 feet wide; or

2.

Two travel lanes and two on-street parking lanes with curbed build-outs at intersections, where appropriate. (See figure 7 of TND design guidelines.)

d.

Twenty-four-inch-wide curb and gutter.

e.

Five-foot-wide (minimum) landscaped strip along outside curb.

f.

Six-foot-wide (minimum) sidewalk outside landscaped strip.

g.

Maximum street grade of six percent.

h.

Streetlights required in landscaped strip. (See TND design guidelines.)

i.

Street trees required in landscaped strip. Spaced an average of 30 feet on center.

j.

Street furniture is encouraged. (See figure 11 of TND design guidelines.)

k.

Paving and base must be constructed to standards of section 17-238(3).

(3)

Neighborhood street (see figure 8 of TND design guidelines).

a.

Twenty-five mile per hour design speed.

b.

Minimum 50-foot right-of-way.

c.

Thirty-foot-wide paved street to back of curbs (two travel lanes at ten feet each and one seven feet wide on-street parallel parking lane with curbed bulb outs at intersections, where appropriate).

d.

Eighteen-inch-wide curb and gutter.

e.

Five-foot-wide (minimum) landscaped strip along outside curb.

f.

Five-foot-wide (minimum) sidewalk outside landscaped strip.

g.

Maximum street grade: eight percent.

h.

Streetlights required in landscaped strip. (See TND design guidelines.)

i.

Street trees required in landscaped strip. Spaced an average of 30 feet on center.

j.

Paving and base must be constructed to standards of section 17-238(3).

(4)

Alleys (see figure 9 of TND design guidelines). Alleys are permitted as public or private streets providing secondary or service access, subject to the following standards:

a.

Minimum width of right-of-way or easement: 20 feet.

b.

Minimum 14-foot-wide paved travel lane.

c.

Twenty-four inches rolled curb and gutter. Inverted crown asphalt may be used as an alternative to curb and gutter for drainage purposes.

d.

Minimum four-foot setback from the edge of the pavement.

e.

Utility easements as required by planning department.

f.

Maximum street grade of eight percent.

g.

Paving and base must be constructed to standards of section 17-238(3).

(5)

Multi-use paths (see figure 10 of TND guidelines).

a.

No motorized vehicles, except those with less than ten horsepower and electric motors.

b.

Maximum grade of six percent.

c.

Minimum right-of-way width: 14 feet.

d.

Minimum paved width of travel way: Ten feet.

e.

Shoulder width variable, based on topography.

f.

Five-foot flare at street intersections, with ramp to street and bollards spaced seven feet apart to block motorized traffic, except for vehicles with less than ten horsepower and electric motors

g.

Path may be constructed of impervious materials or materials as specified in section 22-361(d)(2).

(6)

Street network standards. An interconnected grid pattern is encouraged.

a.

No streets may be longer than 600 feet without an intersection with another public street.

b.

Blocks that are longer than 400 feet (measured inside right-of-way) must be broken by an alley.

c.

Average perimeter measured around right-of-way lines of all blocks in the development may not exceed 1,600 feet.

d.

Cul-de-sacs are prohibited, except where approved by the planning department because of unusual site conditions, such as: steep topography, streams, lakes, floodplains, wetlands, or stream crossings, safety hazards or other unusual property development or access constraints.

(7)

Crosswalks.

a.

All intersections shall contain crosswalks that connect to sidewalks in all quadrants.

b.

Crosswalks shall be demarcated either with high-reflectivity thermoplastic paint or brick pavers.

(8)

Street trees.

a.

Street trees shall be provided in required landscaped strips adjacent to all streets.

b.

Street trees shall be a minimum of two-inch diameter breast height (DBH) at the time of planting and be warranted by the developer for a period of two years.

c.

Spacing of street trees and streetlight standards may be adjusted to account for driveways, utility poles, fire hydrants and other obstructions and to provide adequate visual clearance for intersections, driveways and traffic control devices.

d.

No street tree or streetlight standard shall be placed within ten feet of another tree, streetlight standard, utility pole or within five feet of a fire hydrant.

e.

A list of appropriate large and small street trees is on file in the administrative offices of the planning department.

f.

No more than 25 percent (or 50 percent of the total number, whichever is greater) of the trees installed may be of any one species, as long as a minimum of three different species are used.

g.

No more than 25 percent of the street trees used in a TND development shall be one of the small tree species.

(9)

Landscaping. Landscape strips shall be planted with trees, grass and a variety of low, hardy shrubbery and flowering plants with mulched beds. Areas of exposed earth shall not be allowed. Landscaping shall be approved by the planning department.

(10)

Streetlights. Streetlights shall be provided on all arterial streets, collector street, and neighborhood streets. Only metal halide may be used. See the TND design guidelines for example. Streetlights on collector and neighborhood streets shall be pedestrian scaled and be between eight and 15 feet in height.

(11)

Underground utilities. Underground utilities for all new construction and redevelopment, utilities along public streets must be placed underground. The engineering department may approve an exception if subsurface rock or other unique hardship makes such installation infeasible.

a.

Water and sewer utilities shall be located in either street rights of way or easements located at the outer edge of street rights of way.

b.

At the option of the city, electric, gas, telephone, and cable utilities may be located underground in easements located on the shoulders of alleys.

(Code 1991, § 22-245; Ord. of 5-23-2005, § 22-245)

After the effective date of the ordinance from which this section is derived, rezoning application procedures for property within the TND district shall be as provided in chapter 22, article VII with the following modifications:

(1)

All such rezoning applications shall contain all information necessary to demonstrate that it achieves the criteria provided in section 22-357.

(2)

The planning department and the planning and zoning commission shall review and comment on the concept plan as a part of making recommendations regarding the city council's action on the application for rezoning of the property. The review shall consider the criteria enumerated in section 22-357.

(3)

If the rezoning application is approved by the city council, then such rezoning shall be conditioned to the applicant's developing in substantial conformity with the concept plan, including any modifications or conditions approved by the city council pursuant to its deliberations of the application.

(4)

Modification of concept plan.

a.

Minor modifications. The planning department is authorized to approve minor changes in a concept plan that was approved at the time of rezoning, such as minor shifting of the location of streets, easements or incidental features of the plan, provided that such minor modifications:

1.

Do not increase densities;

2.

Do not change the outside boundaries of the development tract; and

3.

Do not affect any change to a condition of zoning or any deviation from the requirements of this Code.

b.

Major modifications. Any requested modification of a concept plan approved as a condition of zoning that does not meet the requirements of a minor modification in subsection (4)a of this section, shall be deemed a major modification. Major modifications in a concept plan approved as a condition of rezoning within the TND shall require a new application subject to all the requirements of chapter 22, article VII.

(Code 1991, § 22-246; Ord. of 5-23-2005, § 22-249)

Development within the TND shall be authorized subject to the procedures provided in this chapter and chapter 17 with the following modifications:

(1)

Prior to approval of a preliminary plat, the applicant for preliminary plat approval shall prepare a plan and statistical summary of the distribution of land, lots, and dwellings for each phase of the development that indicates the location, acreage and percentage of common space and the location and mix of land uses, building types, housing sizes and lot sizes that demonstrate compliance with the requirements in section 22-360(c), (i), (j), (l) and (m).

(2)

Review of building plans. Prior to issuance of a building permit for any occupied structure to be located within a TND development, the builder shall provide architectural plans and elevations at a scale no smaller than one inch equals 20 feet that demonstrate compliance with the requirements of this division. The planning department shall have the authority to review and approve building plans for conformity with the requirements of this division, the TND design guidelines, building codes, and other requirements of this Code.

(3)

Those development issues not particularly addressed within this chapter are subject to chapter 17, subdivision requirements.

(Code 1991, § 22-247; Ord. of 5-23-2005, § 22-247)

(a)

It is the intent of the city council that all development shall conform to the standards and procedures set forth in this division. In the event that the intent of this division can be achieved with minor deviations that do not substantially impair the purpose or intent of this division, the planning department has the authority to modify the specific provisions to allow for such minor deviations.

(b)

If substantial modifications or changes are necessary, any person, firm, group or organization may apply for relief from the requirements set forth in this division to the board of architectural review and zoning appeals, unless otherwise specified in this division.

(c)

Appeals from requirements set forth in this division pertaining to landscaping, lighting, tree planting, facades and building architecture can be heard by the board of architectural review and zoning appeals through submittal of an application for modification of traditional neighborhood development standards. Any such application shall be accompanied by the necessary information in order for the board of architectural review and zoning appeals to make a determination as to if the alternate design proposal meets the intent of the requirements. The board of architectural review and zoning appeals as part of an approval may include conditions, modifications or requirements necessary to mitigate the impact of such modification so approved. The planning department shall determine the specific filing requirements as needed for each application.

(Code 1991, § 22-248; Ord. of 5-23-2005, § 22-248)

Structures located within the TND district of the city may be appropriated to the conditional uses listed below. Such approval is to be granted according to the terms and conditions of section 22-532 or may be specified and authorized as part of the rezoning for the creation of the district:

(1)

Church or other place of worship.

(2)

Publicly-owned recreation centers and institutions of a similar nature.

(3)

Ambulance service or rescue squad.

(4)

Banks, financial institutions.

(5)

Barber or beauty shop.

(6)

Clothing and dry goods stores.

(7)

Cultural facilities.

(8)

Drug stores.

(9)

Flower shops (retail).

(10)

Food stores including retail bakeries, meat markets, dairy products, confectioner shops, liquor stores, and stores of a similar nature.

(11)

Grocery, fruit, or vegetable market.

(12)

Launderette or washeteria (self-service laundries).

(13)

Medical, dental, or similar clinic.

(14)

Nursery schools or day care facility. Such facility shall comply with the requirements listed for use in section 22-121, schedule of uses.

(15)

Personal service shops such as shoe repair, laundry pickup stations, watch repair and services of a similar nature.

(16)

Restaurants and food catering services.

(17)

Retail candy and ice cream stores.

(18)

Specialty shops.

(19)

Commercial swimming pool.

(20)

Municipal structures.

(21)

Satellite receiving dish antenna. There are special requirements for satellite dish antennas. These requirements can be found in section 22-39, standards for satellite receiving dish antennas.

Signs for conditional use commercial uses shall be governed by the TND development covenants and sign regulations for R-2 zoned districts, whichever is most restrictive.

(Code 1991, § 22-249; Ord. of 5-23-2005, § 22-249)

Parking requirements for the TND listed conditional commercial uses in section 22-366 shall not exceed the minimum parking standards established in section 22-437. On-street parking within 600 feet may be counted toward the required number of spaces if it is demonstrated to the satisfaction of the planning department that the intent of the parking requirements is met. Shared parking spaces, which serve complimentary needs such as a church and a bank, may be counted toward the minimum parking requirement as long as the planning department has determined that the intent of this Code is met.

(Code 1991, § 22-250; Ord. of 5-23-2005, § 22-250)

Any parcel approved for a TND development shall be identified on the official zoning map of the city.

(Code 1991, § 22-251; Ord. of 5-23-2005, § 22-251)