It is the objective of this zone to establish procedures and standards for the implementation of comprehensively planned, multi-use and mixed use projects. It is also intended that this zone provide a more flexible approach to the comprehensive design and development of multi-use and mixed use projects than the procedures and regulations applicable under the various conventional zoning categories. In so doing, it is intended that this zoning category be utilized to foster an overall improved development pattern for Troup County. The specific purposes of the zone are:

18.1-1 To encourage orderly, staged development of comprehensively planned, multi/mixed-use centers by providing procedures for various zoning and plan approvals, including development phasing;

18.1-2 To encourage design flexibility and coordination of use, architectural style of buildings and signage;

18.1-3 To ensure the integration and internal compatibility of applicable residential and non-residential uses by providing a suitable residential environment that is enhanced and complimented by commercial, recreational, open space, employment and institutional uses and amenities within all land use components of the multi/mixed-use project;

18.1-4 To ensure compatibility of the proposed land uses with internal and surrounding uses by incorporating higher standards of land planning and site design than could be accomplished under conventional zoning categories and to provide a superior quality of development exceeding what could be achieved under conventional zoning regulations and procedures;

18.1-5 To encourage the efficient use of land by: locating employment, educational and retail uses convenient to residential areas; reducing reliance on automobile use and encouraging pedestrian and other non-vehicular circulations systems; retaining and providing usable open space and passive and active recreation areas close to employment and residential population; and providing for the development of comprehensive non-vehicular circulation networks, separated from vehicular roadways, which constitute a system of linkages among residential areas, open spaces, recreational areas, educational, commercial and employment areas, and public facilities;

18.1-6 To provide superior natural environment by the preservation of trees, natural topographic geologic features, wetlands, watercourses, and open space, and;

18.1-7 To allow development only in a staged or phased fashion to ensure the adequate provision of public facilities and the concurrent implementation of community amenities.

The PUD zoning classification and accompanying development plans may be approved upon findings that the application is proper for the comprehensive and systemic development of the county, is capable of accomplishing the purposes of this zone, is an internally and externally compatible form of development and is consistent with any applicable planning and land use policies of the county. In order to enable the county to evaluate the conformance with the standards contained herein, specific sets of plans shall be submitted in accord with subsection 18.9 herein, and the county is authorized to approve said plan or plans if such plans are found sufficient to accomplish the above purposes in compliance with the standards and requirements of this zone.

18.2-1 Minimum Area. No land shall be classified in the PUD zone unless it contains a minimum of 100 acres. Parcels or tracts less than the minimum acreage may be permitted if they are within a municipal urban area boundary (UAB) or contiguous to an existing PUD zoned area and may be harmoniously integrated into the PUD area, consistent with the objectives and purposes of this zone.

18.2-2 Location. Such land shall be located adjacent to and readily accessible from existing or planned roadways, sufficient to carry the increased capacity of the development, and are in an approved construction program. It is intended that adequate access be available to such sites so that traffic does not have an adverse impact on the surrounding area or cause internal circulation or safety problems. To this end, it is required that any PUD constructed in Troup County have at a minimum two entrances and exits, preferably along collector or arterial street systems.

No development shall be permitted unless served by a water and sewer system owned and operated by a local government or authority of a local government.

Signs shall be allowed in accordance with the specifications and standards established in the final site plan and approved by the Troup County Engineer and Troup County Planner. The number of signs shall be decided upon at the final platting stage and the following signage may be permitted:

a.

Primary monuments for the overall development at each primary entrance to the development that shall not exceed 64 square feet in surface area and 20 feet in height. These signs shall not be located in the right-of-way of any road nor shall it obstruct the view of oncoming traffic from any direction.

b.

Secondary monuments for specific phases of the development and for internal separation of uses within the development and shall not exceed 24 square feet in area four feet in height.

Parcels shall not be zoned PUD unless configured to connect to adjacent streets (grid pattern) and promote the overall connectivity of pedestrians and vehicles within the development.

Land developed in the PUD zone should be developed consistent with the principles of traditional neighborhood developments, which emulate the historic pattern of development in the county and will be generally more compatible with existing developed areas of the county. These principles are listed below:

18.6-1 Walkability: Most daily needs can be satisfied within a five-to-ten minute walk of home and work (quarter- to half-mile radius). Pedestrian-friendly street design includes buildings close to the street, front porches, continuous tree cover, on-street parking where appropriate, hidden parking lots, garages relegated to a rear lane or alley, and narrow, slow-speed vehicular trajectories.

18.6-2 Connectivity: An interconnected street grid network disperses traffic and increases walkability by allowing most streets to be narrow. A high quality pedestrian network and public realm makes walking comfortable, pleasant, and interesting.

18.6-3 Mixed/Multi-Use: A mix of shops, offices, apartments, houses, live-work units, recreation, on site. There should be mixed/multi-uses within the neighborhood, the block, and buildings.

18.6-4 Diverse Housing: A range of architectural types, sizes, and prices preferably interspersed but minimally located in close proximity.

18.6-5 High-Quality Architecture and Urban Design: Emphasis on aesthetics, human comfort, and creating a sense of place and special placement of civic buildings and sites within the community. Architectural styles and exteriors shall vary and provide an aesthetically pleasing facade to the public street.

18.6-6 Increased Density: More buildings, residences, shops, and services closer together, to encourage walking and to enable a more efficient use of resources and time.

18.6-7 Smart Transportation: A transportation network connecting neighborhoods, business districts, cities and towns together. Pedestrian-friendly design encourages a greater use of walking, bicycles, carts and scooters as daily transportation.

18.6-8 Sustainable: Minimal environmental impact of development and its operations. It has less use of finite land and fuel resources, more local production.

18.6-9 Quality of Life: Taken together, all of the above contribute to an improved quality of life for community residents and for the human community as a whole.

18.7-1 Residential. All types of residential uses allowed by right in the MFR, SFMD and LR, zoning districts shall be permitted, as well as all accessory uses thereto.

a.

The location and type of all residential uses proposed on the site must be shown on the concept and preliminary plan submitted in accordance with the requirements of subsection 18.9 of this section, with the level of specificity increasing at each level of plan review.

b.

Residential uses may be mixed with proposed commercial/employment uses, rather than located in a separate residential area on the site, upon a finding by the board of zoning appeals/planning commission and the county commission that combining residential and non-residential uses at one location, within a site, will not adversely affect the overall development proposed.

18.7-2 Commercial. All uses allowed by right in the LC, NHC zone are permitted uses. Some uses in the GC and LI districts may be allowed by the board of zoning appeals/planning commission upon request.

a.

The approximate location and general type of commercial and employment uses proposed on the site must be shown on concept plan and preliminary development plan submitted in accord with subsection 18.9 herein, with the level of specificity increasing at each level of plan review.

b.

In order to establish and appropriately mix character within the entire PUD-zoned area, a mixture of commercial uses including retail commercial, office, institutional, civic and other low intensity uses shall not exceed 30 percent, including parking and landscaping of the total project shown on a concept plan.

18.8-1 Residential. The total number of dwelling units and the corresponding density, as well as the approximate location of such units, shall be established at the time of concept plan approval pursuant to subsection 18 provided that the approximate location of specific units may be modified after approval of the plan if such modification does not affect the total density of the development and does not affect the total number of units of a particular type by more than 15 percent. Any modifications that meet the density and type requirements may be approved by the zoning administrator upon the receipt of a revised plat. Any modifications that exceed the density and type requirements shall be re-submitted to the board of zoning appeals/planning commission for approval. The zoning administrator shall have ten days to review any modified plans. Residential units may consist of single-family attached or detached dwellings. Also allowed as residential units are duplexes, triplexes, quadraplexes, townhomes, live-work units or any combination of these that adequately address the developer's concept of the project.

18.8-2 Lot size. Supporting commercial facilities and use facilities may be authorized up to 100 percent lot coverage provided a parking plan identifying parking alternatives in the immediate vicinity of the building, acceptable to the board of zoning appeals/planning commission is developed for the proposed building. No variances from landscaping requirements shall be granted unless developer has true hardship as defined in Article III of these regulations. However, modifications may be made to the landscape plan if the modifications do not alter the intent of this ordinance and enhance the project as determined by the zoning administrator and approved by the board of zoning appeals/planning commission.

18.8-3 Height. Building heights may not exceed 45 feet (excluding solar panels and roof-mounted rainwater cisterns) unless waived by the board of zoning appeals/planning commission.

18.9-1 The amount of green area, including designated parks, public and private open space, active and passive recreational areas, required for the residential portion of a mixed/multi use development shall not be less than 25 percent of the net acreage shown for residential use. The minimum green area requirement, which shall include designated parks, private open space, active and passive recreational areas, for the commercial portion of a mixed/multi use development shall be ten percent or less of the total net acreage devoted to commercial uses, except that comparable amenities and/or facilities may be provided in lieu of green area if the board of zoning appeals/planning commission determines that such amenities or facilities are sufficient to accomplish the purposes of the zone, and would be more beneficial to the proposed development than strict adherence to the specific green area requirement.

18.9-2 All recreation areas, facilities and amenities, and all open space and landscaped areas, shall be reflected on the application for PUD zone at concept plan approval stage approved by the board of zoning appeals/planning commission. With respect to such areas, facilities and amenities, the concept plan or accompanying documents shall reflect:

a.

That such areas, facilities or amenities shall not be constructed, converted or used for any purposes other than reflected and designated on the approved preliminary plan unless said plan is amended by prior written consent of the board of zoning appeals/planning commission.

b.

A staging or construction timetable specifying the construction of all recreational areas, facilities and amenities. The staging or construction timetable may be related to the number of residential units under construction or complete, or population levels, or other appropriate standard. Amendments of the timetable may be made after approval of the board of zoning appeals/planning commission. The adherence to the performance of such timetable may, at the discretion of the Troup County Commissioners be secured by the withholding and suspension of all permits for any project lying within the designated PUD zone.

c.

Copies of proposed supporting covenants to be filed among the land records prior to the issuance of building permits, which shall enumerate the property owner's and all successors' obligations for perpetual maintenance of all common areas, green space, recreation areas, facilities and amenities, and all common landscaped areas.

Roads must conform to standards set and adopted by the county as defined in the Troup County Subdivision Regulations and as approved on the preliminary plan. In the event that proposed roads are to be narrower than county specifications or require other changes in order to meet the objectives of the PUD ordinance the change in conformance to the adopted Troup County Subdivision Regulations may be approved by the county engineer during the preliminary plat approval stage. Each development must have on site water and sewer capabilities. All developers are required to have sewer systems operated and maintained by a governmental body qualified to do so. All utilities shall be underground for PUD developments. Utility and road departments are urged to work with the developer to place utilities, sidewalks and trees in a place that is functional for all and that allows for street trees.

In addition to any other requirements of this Code section, off-street parking shall be provided as follows:

a.

Parking spaces shall be determined by off-street parking regulations of this ordinance. The board of zoning appeals/planning commission may reduce or increase the number of spaces required for any use allowed in the PUD zone when such reduction or increase will meet the purposes of the PUD zone.

b.

Street Trees. Developers are encouraged to provide for street trees that at some point in the future may provide a canopy of trees lining the streets and neighborhood of the mixed/multi-use districts. All mixed-multi use developments are required to submit a landscape plan to be approved by the county arborist. In order to insure that development options are as flexible as possible the landscape plan may be amended as needed to properly serve the development. However, the approved preliminary plat and landscape plan shall be what is required to be built. The preliminary may be modified until construction drawings are submitted to the county engineer for approval.

All planned unit developments are subject to Troup County Subdivision Regulations. Planned unit developments usually are subject to development of regional impact review by the regional planning agency. At the time of application for rezoning and concept plan approval the zoning administrator will apply to the regional planning agency for determination of development of regional impact. Traffic impact study for proposed site is required at the time of zoning of the property and concept plan approval. All developments are subject to the development point rating system as identified in Article XXVI of this ordinance. PUD's shall also be subject to this review. Procedures for governing the application for the PUD zone and approvals necessary to seek building permits shall be subject to the following multiple step process:

a.

Concept plan approval does not ensure future approval of preliminary plan or an indication that the project will be approved in future phases of review.

b.

An applicant shall file, together with the prescribed application fee, a concept plan and rezoning application. The concept plan shall include at a minimum, the following:

1.

The boundaries of the entire tract or parcel.

2.

The location size, capacity of roads located on all adjacent lands.

3.

Generalized location of existing and proposed external roads and adjacent land use and development.

4.

Generalized location and description of various internal proposed land use components, including information as to proposed densities and intensities, proposed size and heights of development.

5.

Generalized location, description and timing of proposed roads, proposed dedicated public lands and perimeter setback or buffer areas.

6.

Proposed phasing or staging plan of development, public facilities and information pertaining to the provision of public facilities as required by the county.

7.

Generalized areas of woodlands, streams and watercourses and other areas intended for natural preservation.

8.

An illustrative plan providing for the physical layout of the entire development including all streets, lots, parcels, park and open spaces.

During the concept plan approval phase, the board of zoning appeals/planning commission and developer will engage in meetings and planning sessions to submit proposals for consideration.

The county commission may approve PUD zoning and the accompanying concept plan upon finding that:

a.

The application meets or accomplishes the purposes, objectives, and minimum standards and requirements of the zone; and

b.

The application and concept plan will be internally and externally compatible and harmonious with existing and planned uses in the PUD zoned areas and adjacent areas.

An application for preliminary development plan approval is subject to review by the development point rating system as outlined in Article XXVI of this ordinance.

A preliminary development plan shall be filed for approval, rejection or modification by the board of zoning appeals/planning commission of all or portions of the area zoned pud and reflected within the approved concept plan, together with the required filing fee. The preliminary development plan shall be scaled at one inch equals 50 feet and shall contain, at a minimum, the following:

a.

Boundary survey and identification plat or survey plat.

b.

The use(s) of all buildings and structures within the preliminary development plan area, as well as existing uses of adjacent property external to the PUD zoned area.

c.

The location, height and approximate dimensions and conceptual architectural elevations of all buildings and structures, and the setbacks and densities and/or square footage thereof.

d.

The location of points of access to the site and all public and private roads, pedestrian and bike paths, in accordance with the applicable thoroughfare design standards.

e.

The location and setbacks of all parking areas.

f.

Existing topography including:

1.

Contour intervals of not more than two feet;

2.

One hundred-year flood plains and flood ways including base flood elevations.

3.

Other natural features, such as rock outcropping and scenic views;

g.

Historic buildings, structures or areas.

h.

Drainage easements.

i.

All landscaped areas, proposed conceptual screen planting, open spaces, recreation and amenity areas.

j.

Proposed phasing or staging plan of development and information relating to such plan's consistency with the provision of public facilities.

k.

A proposed (draft) covenant or other form of agreement indicating how the area will be included in any homeowners association or other legal organization, and how any open space, community space or amenities located with the area subject to review will be perpetually maintained.

l.

Five copies of preliminary plan/plat are required for submittal to the review process 24 inches by 36 inches or of a size acceptable to the Troup County zoning administrator. All plats and supporting information shall also be submitted in digital format as may be required by the Troup County zoning administrator.

m.

Two drawings that inventory all wetlands, all watercourses and impoundments, and floodplain limits;

n.

Two copies of the stormwater management plan;

o.

A typical section view for typical utility plan;

p.

A transportation plan showing the interconnection to the residential and commercial areas and its relationship to all adjoining properties;

q.

Required fees;

r.

Project narrative to include description of the type of project and who it will serve, developer information, contractor information, engineer information, contact information, anticipated start dates, completion dates, phasing description (if applicable), impact statement describing projects effects on surrounding transportation including traffic counts and flows from proposed project and existing counts, a narrative description of how traffic will be managed and controlled (and calmed) as appropriate for the development (the traffic impact study may be substituted for this part of the narrative) description of greenspace and public/community space proposed for the project; and

s.

Application must be signed by owner, developer and engineer or land surveyor (licensed in Georgia with stamp affixed).

The PUD preliminary plan submittal may be approved upon finding that:

a.

The plan is substantially in accord with the approved concept plan; and

b.

The plan meets or accomplishes the purposes, objectives and minimum standards and requirements of the zone; and

c.

The plan will be internally and externally compatible and harmonious with existing and planned uses in the PUD zoned areas and adjacent areas; and

d.

The existing or planned public facilities are adequate to service the proposed development contained in the plan; and

e.

The development staging or phasing program is adequate in relation to the provision of public facilities and private amenities to service the proposed development; and

Following rezoning and approval of a preliminary development plan, approval of construction drawings to include two copies of the erosion and sedimentation control plan and full utility plan; construction of roads and any other required documentation an applicant shall submit to the board of commissioners a final site plan for approval for dedication of the roads, which shall be in accord with the approved preliminary development plan and shall include the following:

a.

All information required pursuant to the requirements of the preliminary plan;

b.

Proposed covenants, suitable for filing in the deed records of Troup County, which shall indicate in specific language that the property is restricted in its use and/or development standards to the preliminary development plan and any accompanying or qualifying text material submitted with such plan, such plan shall be approved by the Troup County attorney at the time of final site plan review. Additional requirements for the covenants are as follows:

1.

Building/structure setbacks and lot coverage;

2.

The location and type of accessory buildings and structures;

3.

Type and nature of accessory uses; and

4.

The appearance of buildings and structures, configuration of building elements and type of building materials. Provided however, no such rules, regulations and standards shall exceed any maximum development standard or be less than any minimum development standard or permit any use otherwise prohibited in the PUD zone. All owners of property subject to the final site plan and their assigns shall be notified (by the developer) of such rules, regulations and standards at the time of taking title to property located within the final site plan area.

The county commissioners shall approve a final site plan upon considerations, determinations and powers set forth in this article. The county commissioners shall, as a condition of approval, require the posting of all necessary bonds or other security instruments, and recording of covenants.

No person, firm or corporation may violate any requirement of this article, to include but not limited to deviation from the requirements of the final site plan, and any such violation shall be enforceable by the county and subject to such enforcement and penalties provided by zoning ordinance.

An architect shall be commissioned by the homeowner's association or developer as a method of ensuring compliance with the architectural code. Said architect shall be retained by the developer and/or homeowner's association until such time as the last lot in the PUD zone at issue is developed.

Any applicant aggrieved by the decision of the county commission may seek judicial review by the Superior Court of Troup County within 30 days of the decision.